Has anyone purchased from Vallart Gardens?

Trini73, the contract is likely fraudulent. Review page by page, and confirm all the elements of a contract are there. Not sure why you're searching for fly & buy clause but there has not been any reference to that program in any contracts we have read. It has been used as an inducement. Usually nothing in contracts about liquidation of any t/s; that would nullify the contract. Also file with TX state AG, company registered there. C/C company should refund on basis of no service and no product delivered, plus fraudulent contract. Visa & Am/Ex have refunded probably hundreds over the past 8 to 9 yrs. It is ongoing; they need to be taken to task by gov't authorities in NA. They are "aiding and abetting" commission of criminal activity. G Visa merchant services for info. Every reason to terminate merchant services but they will not; see recent post about why.

This was, at the start, somewhat our experience as well. I think part of the problem is the credit card 'investigators' are mostly accustomed to investigating fraud, not a validly cancelled contract. The VG people also fought us and we had the exact same thing happen twice: we showed in writing that we executed a valid rescission, and VG kept providing them the contract we signed. Finally, on the third attempt, I circled and highlighted the section from the contract dealing with rescission, provided - for the third time - a copy of our cancellation notice also signed by the VG representative with a timestamp from Profeco on the third business day and our post office receipt for the mailed notification. That finally sunk in, VG didn't respond to their request for evidence that we had not cancelled, and we won our appeal.

I think it something of a mistake to confuse the issue with fraud claims - they're right, we signed the contract. They're wrong, though, that the contract is binding, because it was timely cancelled. We also made it clear to our credit card company that we were ready to go to mediation/arbitration if necessary to assert our rights.

trini73 wrote:

Hi, we were scammed by VG too. Although we canceled within the time period with Profeco's help, they are fighting the CC company. The credit card fraud people are somewhat sympathetic, but their attitude is "Well, you signed a contract." So I'm trying to collect as much info as possible for our attorney to show that this company is a scam. I'm hoping someone can help us by posting the exact wording of the "Fly & Buy" program clause and what page it's on in your contract (numbered page or exhibit page). Also, is there any wording in anyone's contract about VG's obligation to liquidate the timeshares they promised to take in exchange? Or is there just a "worksheet" with the numbers they say your timeshares are worth? Any wording would be helpful--if it exists. The guy who writes the blog on Insidethegate.com says anyone who's defrauded by Mexican timeshare scammers should file a claim with the FBI via IC3. Maybe if all of us do this they'll start (if they haven't already) an investigation and shut these criminals down. The web address is http://www.ic3.gov/complaint/default.aspx. It doesn't seem to be a complicated form. The phone number for the FTC is 877-382-4357. There's a citizen's complaint form on the web at http://www.justice.gov. Don't think that the FBI and the US justice department can't do anything. Many of these creeps are American or Canadian citizens. Meanwhile, if anyone can help us with the wording of the "Fly & Buy" clause we'd appreciate it.

These companies DO NOT EXIST!!!!!! Read the previous 13 pages of Posts!!!!!!! These companies are Vallarta Gardens, just with a fake name and a fake website!!!!!

I was able to put together a list of companies that VG has used to "market" the timeshares and with the help of Endscams we were able to verify that these companies do not exist.Omni corp, Mercury Property Management, Premier Property Management, Timely Travel, Property Place, Executive Properties, Universal Vacation Corp, Berkshire Financial Group, V.P. Services, World Trade Rentals and now this latest company. The only way VG could partner up with companies that do not exist is if VG and said company are one in the same! This was the basis for our argument we took to our credit card company and we won our dispute! By "our" I am referring to my family's dispute with credit card co.

Do you have a contact for Endscams? Or are you talking about endtimesharescams@aol.com?

Endscams refers to the poster up above but I believe he is tied to that website you are referring to. He is very knowledgeable about the workings of VG

we will find out in February when we are due to get paid

Bendix group is a scam

yes....the man's name is Craig....lovely person...If he does a class action, we will certainly be involved.....

Sad to say Amex denied us for the third time. Even we have sent all the necessary documentation showing how VG defrauded us not only once (bogus promise of the sale of our other timeshare via PPM) but twice now for a Coral Studio Unit that will never be built. Our case is now with Profeco and waiting for the outcome.

So happy to read success story like yours! Hope and pray there will be more happy endings to our cases.

Best of luck with your case! It sickens me to hear of all the people who have been swindled by these crooks! Don't give up! Keep fighting no matter what happens with Profeco

If you have filed with Profeco within the prescribed deadline, you should expect a positive outcome. The c/c companies are obligated to reverse your charges if the product and/or service has not been delivered according to the terms of the contract. Elevate your issue to government agencies such as IC3.org, the state AG of TX, your state AG, and others as mentioned in the forums here and in tugbbs.com. Advise Am/Ex that other victims of VG (and other timeshare operations) have been refunded by them and Visa for the same reasons, over an extended period of eight of nine years; advise that you will pursue legal options if they continue to deny your refund. A contract based on fraud, misrepresentation, and false pretenses is not enforceable in a court of law. Withhold your payments if they have not been made.

Good morning.....tell me, how can you complain within the 5 day limit, when they tell you it takes 180 days to sell? They are supposed to pay us on February 29....if they don't, we can complain, but by then they will probably be gone....So then what?

We have sent all the necessary documents to Amex even copies of these forums about VG scams still going on and they returned saying that we should deal directly with VG. We even sent in internet bookings showing no available studio unit at VG yet they still denied it. We don't want to get legal help because it will be more expenses and will add to your losses.

Our case with Profeco now is not the recission within 5 days since we would not know back then until the 180 days passed and no sale of the other timeshare has happened. It is the non-delivery of the Coral Studio Unit that Profeco is going to arbitrate for us.

they will do anything to sell.......crooks......how do we stop them? All I know is we are going there for a week in April and we better really really love it....

theresaa99 wrote:

Our case with Profeco now is not the recission within 5 days since we would not know back then until the 180 days passed and no sale of the other timeshare has happened. It is the non-delivery of the Coral Studio Unit that Profeco is going to arbitrate for us.

I guess we were fortunate. We did not dispute within the 5 day rescission period but we luckily saw these posts as well as posts on tubbs. Actually the first thing that tipped me off was when I googled Berkshire Financial Group and was unable to find anything on them. Through research was able to find out that this company doesn't exist. It was at this point I contacted my credit card company. I should also say at this point we had also not been billed by our credit card company so we may have had a little leverage with them at that point. We took an aggressive stance with both VG and our credit card company, telling credit card company that as far as we were concerned, if they wanted to pay VG it was on them. We based our dispute on the fact that they fraudulently induced us into signing a contract using knowingly false information. In one of my earlier posts a few pages back it has article 35 which may be helpfull. We sent the credit card company all the information we could find on these companies to show they didn't exist. Using this info. We made the argument that VG starts these "companies" themselves for the sole purpose of enticing people to sign the contract with them.

I just heard from VPServices today. They sent a rather scrambling message full of inconsistencies and errors. It could be in response to the CC company researching them, or another attempt to scam me further. I was told all communication will be through emails now as they complete my transaction with "a purchaser". They never once referred to what I was selling by name, nor asked about the weeks they should be wanting to market. They did ask for additional information (which was awkwardly worded). I do not think they had any of the original information I sent with my payment, so not sure who we are dealing with. Anyone else hear from them?

I purchased a Hampton one bedroom that is supposed to be finished in April- a tower near the water. Do you know if it is really being built? I have heard it referred to a studio too. Thanks