Can You Cancel your Timeshare in Mexico from Abroad?
Agenda una consulta TRATUITA para CANCELAR/Rescindir tu tiempo compartido AQUÍ
If you are a frequent traveler or have a favorite hotel chain, it is highly probable that you are at least aware of the existence of timeshares, or perhaps you have even been tempted to buy one. After all, they sound like a dream come true for travelers with favorite destinations: dream properties maintained by resort professionals, beautiful views, and all within the convenient reach of a small monthly fee.
But the reality is that timeshares are not foolproof plans, and like any product, resorts will try to maximize their benefits with minimal effort, often at the expense of your comfort. If you find yourself in this situation, especially if you purchased your timeshare plan abroad, it is normal to feel desperate and hopeless.
You may not know what to do, which direction to take, or if it's even possible to cancel your timeshare. However, there's no need to panic or act erratically; canceling your timeshare in Mexico from abroad is not only possible but also much easier and more comfortable than you might imagine.
- What is a timeshare?
a. Types of timeshare contracts
b. How does a timeshare contract work?
c. Why terminate a timeshare contract?
i. Common reasons to cancel a timeshare contract
- Cancellation of timeshares under optimal conditions Can you cancel your timeshare in Mexico from abroad? Cancellation of timeshare contracts Conclusion
What is a timeshare?
A timeshare is a contract that gives the buyer rights to a property at a resort. These contracts vary widely and can adapt to the different needs of travelers of all kinds. These variations include the number of days the buyer can use the property, the time of year they can use their days at the property, and the duration of time during which buyers will have rights to the property over the years.
Some examples of timeshare contracts:
As mentioned earlier, timeshare contracts come in many forms. Some give a buyer rights to the property for a few years, others for a lifetime. Some allow the use of the property on specific days of the year set by the resort, while others allow the buyer to choose the days they will stay on the property. Some types of timeshare contracts include:
- Fixed Week and Unit: The buyer acquires a property to use during a specific week of the year, with the option to sell, rent, exchange, or donate the property as they choose.
- Right-to-Use: The buyer gets the right to use a property in one or more developments for a specific period. At the end of the contract, the property rights return to the developer. This type of plan is often sold as part of vacation club memberships.
- Points Program or Vacation Club: Instead of directly buying the property, the buyer acquires points that can be spent on program-affiliated properties. Different point amounts provide access to various suites and areas of the property, with the cost of points varying based on demand, season, location, and development amenities. This approach is more flexible than other plans.
- Fractional Ownership: The buyer does not acquire the entire property but owns parts of it, while the rest remains the property of a company. This can result in a more economical plan than others.
- Lock-Off or Lock-Out Units: This plan allows owners to use part of their time on the property on one date and the other part on another. There are two modes:
- Fixed Time: The unit is purchased for use during specific weeks.
- Floating Time: The buyer can stay on the property during their chosen period, but must select the week in advance due to availability.
- Split Week: The stay is divided into two or three separate visits, ideal for those seeking short vacations or getaways.
- Biennial or Alternate Use Property: Allows the use of the property every two years.
How does a timeshare contract work?
The operation of a timeshare contract is not at all complex or counterintuitive. It delineates the responsibilities of the buyer and the resort as the provider and owner of the property. Like any contract, a timeshare contract will be terminated when the conditions specified in the contract are met (in this case, when the specified time period ends) or when it is terminated due to a breach of contract conditions by any of the parties involved. Timeshare contracts, like all other contracts, are governed by the laws and treaties of the country from which they originated.
Why terminate a timeshare contract?
A timeshare contract can be terminated before its completion if one of the parties involved does not fulfill their part as specified in the contract. Before discussing some common reasons for timeshare cancellations, it is important to clarify something about the nature of contracts in Mexico. In Mexico, only the clearly written parts of a contract are valid. Verbal promises made by the timeshare seller have no validity of any kind. If a resort presents the resort's features through verbal promises instead of a contract, you cannot demand that these be fulfilled because they were not established in a contract. Therefore, paying attention to the clauses presented in a contract and expecting only what is specified in the contract is extremely important.
- Lies before the resort purchase: Many timeshares are sold without knowing the nature of the resort property, its features, or the uses of the timeshare.
- Property issues: Sometimes, a resort will not maintain the facilities covered by your plan to the standard promised in the contract. This is a very common reason to cancel a timeshare contract.
- Monthly fees and annuities: Timeshares are paid in monthly and annual installments, in addition to maintenance fees in case of property damage. Contracts that do not clarify the maintenance costs, the conditions under which a buyer will have to pay damage fees, or the operation of monthly and annual payments are extremely common causes of early termination of timeshare contracts.
- Incompatibility between days of use and free days: Some Timeshare plans can only be used on specific days chosen by the resort. If the days of use set by the resort often clash with your schedule and vacation plans, canceling your contract is a good option to prevent wasting money.
Cancellation of timeshares under optimal conditions:
Under optimal conditions, that is, dealing with the matter from Mexico, canceling a timeshare contract is surprisingly straightforward; it is even possible to do it on your own, but only if your cancellation occurs within the 5-day window after purchasing the plan. If not, hiring a lawyer will be mandatory. In the case of timeshare cancellations from outside of Mexico, a lawyer is mandatory right from the start.
Can you cancel your timeshare in Mexico from abroad?
Now, the million-dollar question: Is it possible to cancel your timeshare in Mexico from abroad? The short answer is yes, it is possible to cancel your timeshare from abroad, but it is a slightly longer process than canceling it from within the country, and most importantly, a lawyer is mandatory. If you purchase a timeshare from a resort in Mexico, the right-to-use contract for the property will be governed by Mexican laws. Therefore, an understanding of the functioning of laws regarding contracts and properties in Mexican law is required. Again, a lawyer is mandatory, and it's better to go directly to a lawyer even if you plan to use the 5-day window to cancel after your purchase.
Cancellation of timeshare contracts:
Contact a lawyer: Often, many people consider hiring a lawyer as something extreme that only happens in the event of a serious violation of their rights. The idea of hiring a lawyer may intimidate them, either because they do not know a lawyer to contact (or there is none available in their area) or they think it will be too expensive and embarrassing. However, the presence of a lawyer is indispensable in the process of canceling a timeshare contract in Mexico from abroad. This is because the contract of your Timeshare plan will act based on Mexican laws independently of your location, so you will need familiarity with the Mexican legal system even if you try to use the 5-day window after the purchase of your Timeshare. If you do not know a lawyer specializing in timeshares, it is possible to contact agencies that will connect you with one. Having contacted a lawyer, they will guide you through the process.
Conclusion: A timeshare contract operates similarly to other types of contracts in Mexico. Specifically, it will be terminated when the conditions specified in the contract are met. However, it can be terminated even before that if any of the parties involved do not fulfill their obligations. In the case of contracts made in Mexico from abroad, the importance of a lawyer is vital because the timeshare contract will be governed by Mexican laws.
At Mexican Timeshare Solutions can help you to cancel your timeshare in Mexico if you are abroad.
Contact us here and get a free consultation, send us a WhatsApp message +52 1 333 239 6589 or call us +1 714 277 3662