Do you always have 5 days to cancel timeshare contract?
The answer is YES. Read to know what tricks are used by timeshare sales reps to avoid getting clients from cancelling their purchases.
According to Mexican Consumer Protection Laws, consumers have a right to Cancel timeshare contract within 5 business days. Article 56 of the Federal Consumer Protection Law states:
"The contract will be perfected within five working days from the delivery of, or the signature of the contract, whichever occurs later. During this period, the consumer will have the right to revoke his consent without any responsibility. The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. The revocation, according to this article, will terminate the contract. In this case, the costs of shipping and insurance will be the responsibility of the consumer. If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase."
A common practice used in the sales rooms is for the salesperson to offer a special deal, such as an extra week of time, a coupon for a discounted airfare, or some other enticing proposal if the client agrees to sign a waiver that negates their right to rescind the contract within the 5 day cancellation period.
In other cases, the waiver states that the client gives up their right to a refund of the down payment if they choose to cancel within the 5 day period because they are accepting the special offer. In a flurry of paperwork, the client agrees and signs the waiver, which is presented as a separate form from the complete contract. When the client receives their contract package from the resort, this waiver is absent from their package.
Upon doing research about their purchase, some clients choose to cancel timeshare contract commitment within the 5 working days as outlined in writing in their contract. When they go back to the sales office, the sales manager may tell them that they no longer have the right to cancel as they signed a paper waiving this right. The sales person will show them the paper, but refuse to give the client a copy. The reason why the client never receives a copy is because this sales practice is fraudulent and illegal.
According to Article 1 of the Federal Consumer Protection Law in Mexico the right to cancel timeshare contract within 5 working days cannot be waived.
If the client has already returned home when they decide to cancel, they often face the same scam. The resort responds saying that they have the signed waiver in hand and cancellation or cancellation with a refund is not possible. When the client asks for a copy, the resort says that they will send it, but it never arrives. Many clients also contact us because they have difficulty contacting the resorts to ensure that their cancellation request has been properly served. They have sent their cancellation letter by email, fax or even registered mail, but never receive a response. Some clients receive a response outlining that they will get a refund within 15 days, but the charge is never actually refunded back to the credit card, or they do not receive their refund check as promised.
The delay tactic from some resorts
Upon receiving the client’s demand for cancellation and refund, some of the resorts will refuse to reply to the client. This is a delay tactic to try to frustrate the clients so that they feel helpless in resolving the problem and eventually give up. This leaves the resort with a valid signed contract, and money flowing into their accounts as clients fear problems with their credit score if they do not continue to pay.
Our goal at Mexican Timeshare Solutions is to make timeshare purchasers aware of their rights according to Mexican Consumer Protection Laws, to ensure that timeshare developers follow these laws, and to represent clients who are in disputes because the laws have not been followed correctly.
If you are thinking of cancelling a contract, and are within the 5 day cancellation period, our firm can assist you to ensure that the process is completed properly and effectively, so that you do not lose your opportunity to cancel the contract and get a refund without lengthy negotiations and legal procedures.
After 5 day period
If you are past the 5 day period because you were told that you waived your right, and therefore succumbed to the fact that you were not able to cancel the contract, you still have recourse. It is a difficult process, but our team specializes in helping clients to successfully cancel timeshare contract, whether or not it is within the 5 day rescission period.
1 Source: www.profeco.gob.mx
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