If you got swept away by the possibilities of a timeshare in Mexico and now that the excitement has worn off, you may have buyer’s remorse. Fortunately there is a cancellation option period of five business days from the date of signing in which to cancel a Timeshare contract (despite what the salesperson may tell you). If you are within the rescission period, MexLaw can send a letter to the resort requesting a cancellation of the contract and the refund of your deposit. If this fails to solicita positive response, we can then file a claim with PROFECO (Mexico’s Consumer Protection Agencies that licenses Timeshare operators) to cancel the contract.
Consumers may realize they were misled or pressured into signing a Timeshare contract after the grace period. In this case it is necessary to file a complaint with PROFECO.
Mexican Timeshare operations are registered with PROFECO, which keeps a record of their contracts. If there are any discrepancies between your contract and the one recorded with PROFECO the contract is null and void.
The dispute can be a long and complicated process; obstacles such as language and distance may hinder and delay its resolution. Your claim is best handled by a specialized law firm in Mexico. An experienced attorney may also uncover a rescission provision in the sales contract. Once you have been released from the contract, the timeshare company must provide with a full refund within 15 business days.
Timeshare resale frauds have become increasingly prevalent in the past years. Unsolicited contact offering to sell your time share are most likely fraudsters. We receive at least a dozen requests per week from victims in the same situation.
Do not send money, do not follow their instructions, and do not trust them; this is fraud.
You do not need any type of tax registration or obtain a tax number, permit, license, nor do you need to pay any taxes on the sale of the timeshare. Another common fraud is making people believe there was a judgment rendered in their favor providing compensation or an amount of money they may have lost in a timeshare fraud. Those documents are false. You do not need to pay a tax or other fee to receive this money if it was authentic.
Regrettably, MexLaw can not provide you any further information about these attempted frauds, if the proposal made to you is legitimate nor recover any money lost in such a fraud. Please do not contact us to this end.