Mexican Timeshare Solutions is a Scam

Even though it is a right of use, it is not enough to stop paying for it to be canceled, since the service provider will not stop earning the maintenance fee, at least to pressure it will include you in the credit bureau and that can damage your credit history. I hope it was as simple as stopping paying to cancel the membership.

ricardon24 wrote:

Even though it is a right of use, it is not enough to stop paying for it to be canceled, since the service provider will not stop earning the maintenance fee, at least to pressure it will include you in the credit bureau and that can damage your credit history. I hope it was as simple as stopping paying to cancel the membership.

"Mexican Lawyer" (quoted above) may or may not actually be a lawyer. My own doubts about that aside, I will merely note that, over the years, it is very rare for there to be any negative credit report consequences for those who simply stop paying the fees on Mexican RTU contracts.

There is no ownership of anything in a Mexican RTU contract. For all intents and purposes, a Mexican RTU contract is nothing more than a "membership" with annual fee obligations. Those who stop paying those annual fees will be in breach of contract and will obviously lose both their initial "investment" and their future use of that RTU "membership", but usually nothing more. It's just not worth the bother at the Mexican end to pursue any further action for non payment of fees; there are plenty of other Gringos ready to come along, pony up their money and sign on the dotted line.

ken1193 wrote:

ricardon24 wrote:

Even though it is a right of use, it is not enough to stop paying for it to be canceled, since the service provider will not stop earning the maintenance fee, at least to pressure it will include you in the credit bureau and that can damage your credit history. I hope it was as simple as stopping paying to cancel the membership.

"Mexican Lawyer" (quoted above) may or may not actually be a lawyer. My own doubts about that aside, I will merely note that, over the years, it is very rare for there to be any negative credit report consequences for those who simply stop paying the fees on Mexican RTU contracts.

There is no ownership of anything in a Mexican RTU contract. For all intents and purposes, a Mexican RTU contract is nothing more than a "membership" with annual fee obligations. Those who stop paying those annual fees will be in breach of contract and will obviously lose both their initial "investment" and their future use of that RTU "membership", but usually nothing more. It's just not worth the bother at the Mexican end to pursue any further action for non payment of fees; there are plenty of other Gringos ready to come along, pony up their money and sign on the dotted line.

I am very happy to know that the credit history of Americans is not affected by defaulting on the timeshare contract. If so, it seems to me the best option to get out of said contract without consequences. However, I must clarify that under Mexican law the creditor has the option to terminate the contract due to non-payment or to exercise the enforcement action by means of the coercive payment, this I comment only as a cultural fact, being that the effect of not paying the maintenance fee will not be able to use the property but this does not cancel the contract. Now, there are cases in which the contract can be nullified due to an abusive clause and obtain the return of the money paid, being this an interesting option to recover the payment.

ricardon24 wrote:

...under Mexican law the creditor has the option to terminate the contract due to non-payment or to exercise the enforcement action by means of the coercive payment, this I comment only as a cultural fact, being that the effect of not paying the maintenance fee will not be able to use the property but this does not cancel the contract. Now, there are cases in which the contract can be nullified due to an abusive clause and obtain the return of the money paid, being this an interesting option to recover the payment.

There are few (if any) instances of Mexican RTU contracts being voided due to unlawful content. The (relatively few) people who are able to obtain refunds (by filing PROFECO complaints, not by filing lawsuits) are usually instances where salespeople failed to provide the contract signatory with written notification of their rescission (cancellation) rights, as is required by law. Failure to fulfill that legal requirement is solid grounds to invalidate the contract.

In no instance should anyone pay any Mexican entity a single penny to (allegedly) "escape" a RTU contract, when all a buyer who resides outside of Mexico has to do is simply stop paying. There is nothing that a Mexican timeshare entity can (or will) do to anyone outside of Mexico if or when they decide to simply stop paying.

hello... seems like PROFECO is the only recourse. i bought in may 2018 and set up a credit card monthly deduction over a period of two years. now that it is fully paid out... how do i even begin to recover my money ? can someone give step by step advise on how to start please. i bought with sunset world resorts & vacation experiences/ sunworld. affiliated with "the ultimate program".

michaels2552 wrote:

i bought in may 2018 and set up a credit card monthly deduction over a period of two years. now that it is fully paid out... how do i even begin to recover my money ? can someone give step by step advise on how to start please.

If it is now fully paid out, then that's good. However, if you are seeking to recover your money, there's bad news. If you try to sell your membership, you won't get anywhere near what you paid out for it. If you are trying to do that, then you are setting yourself up to be a victim of a scam. The best way to "recover [your] money" is to make use of the membership for which you paid.

michaels2552 wrote:

<snip> ... seems like PROFECO is the only recourse. i bought in may 2018...<snip>

Please don't shoot the messenger, but PROFECO cannot and will not help you in any way regarding a valid contract that was executed 3+ years ago now, unless you can document a solid case of outright fraud in that transaction (which does not seem to be your claim from the limited information you provided above).

As far as "recovering your money", I wish you the best of luck but would frankly be very surprised if you ever recover anything at all.