How do I get out of a Mexican timeshare contract?

 Apr, 13 - 2018   no comments   Timeshare Advice

Want to cancel a timeshare contract in Mexico?

Two or three months after buying your Mexico timeshare you may begin receiving paperwork from the resort with the details of your purchase. By then the easiest options to cancel have lapsed and you will feel stuck with your purchase. It is then that you may discover that various parts of the timeshare purchase agreement were deceptive, misleading, or missing.

Are you concerned about clearing all the hurdles it takes to get your timeshare contract cancelled in a foreign country?

I admit the process can be intimidating but once you have a handle on the right agency or agencies to contact canceling your timeshare in Mexico is not so hard.

The easiest and most obvious way to cancel your timeshare contract in Mexico is to do it the day after you purchase it! You would be within the legal and established rescission period of 5 days when you can cancel for any reason.

However, very few timeshare owners have done it that way and most of you reading this have probably owned a timeshare in Mexico for a few years and are looking for a legal way to get out of it.

First I need to explain how timeshares are structured in Mexico compared to the US. In the US a timeshare purchase traditionally has consisted of a lifelong ownership of a deeded week. In Mexico, most timeshares have been sold as a “Right to Use” vacation property, or lease. The lease period may run for as few as 5 years or as long as 99 years. The weeks of the lease can also be accelerated or linked together to form a longer – multi week – vacation as long as you pay the maintenance fees for all those weeks.

But to cancel this lease agreement first you need to become familiar with:

PROFECO/ARTICLE 56 FEDERAL CONSUMER PROTECTION LAW – Profeco, also known as Procuraduria Federal Del Consumidor is the federal agency in Mexico whose job it is to protect consumers from fraud. This applies to both citizens of Mexico and those who visit the country.

When you compose your letter and email to cancel your contract you will be citing ARTICLE 56 – of their Federal Consumer Protection Law. This law describes the way you can cancel a contract. Primarily cancellation is to be in writing and either hand delivered or delivered in a “reliable manner”.  So to be on the safe side you should both send a letter and an email.

Who would I send it to?

The address of the resort or management company as printed on your purchase contract is the place to send your cancellation letter. In the letter you need to be sure to correctly identify yourself, include dates, contract number, and a copy of the purchase agreement. Also on the contract should  be an email address where you can send the same letter.

What do I say?

There are samples of cancellation letters all over the internet. Just be sure to use Article 56 PROFECO as a reference and make it clear that you are cancelling the contract. Also request a reimbursement of your down payment to be made within 15 days as per Procuraduria Federal Del Consumidor. Plus, no other charges to your account are authorized. Also notify them that you filed a complaint with PROFECO.

What about PROFECO?

Go to their web page in English (if you don’t know Spanish) and fill out a form making a complaint about any deceptive practices you experienced and that you cancelled your purchase contract with the timeshare resort.

Then what do I do?

Follow up the letter and email with phone calls to owner services at the resort to verify that they received your letter and email.

By then the resort should have received enough heat to back out of the deal. Getting a refund of the deposit? That’s a flip of the coin. PROFECO has a lot of authority but not the ability to enforce the timeshare laws. They can still place an amazing amount of pressure on the timeshare resort to make you happy.

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Experience: We have sold and closed timeshares in over 29 countries, in 47 states in the USA, have closed deals with sellers and buyers from over 89 countries. We have helped thousands of owners get out of an their unwanted unit.  We have a program that gets you out of your property without waiting for a buyer too.  This stops the fee payment burden right away.

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What are you waiting for, Call us from the USA or Canada at 1-800-247-4392 or Internationally 1-936-588-4884.

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