posted 03-19-2004 10:34            

I spoke with a lawyer at PROFECO and was told that they would get MPs side of the story before anything is decided, and of course MP has our initials on the paragraph that states the 5-day recission rights. However, we were asked to initial it as agreement that we were told those rights didn't apply to us. It is going to look as though we knew we had rights.

Has anyone had to use an attorney to get their contract rescinded, and if so, how tough is this fight going to be?

posted 03-23-2004 15:50            

I would like to recommend that anyone with problems of this kind read the messages on this board very carefully. The advice of TechnicalBard and JenJen321was invaluable. Especially important is starting the ball rolling in writing with MP (registered letter returning ALL your contract) and cc's to PROFECO. Follow that up with a phone call/fax and or email (I did all three)! Then stand your ground. Remain polite but firm.

Once again - THANKS to TechnicalBard and JenJen!

posted 03-23-2004 21:09            

Have you followed the advice of technicalbard, ie: written a letter of cancellation to Houston with a cc to Profeco? That's your starting place. You also need to set out the circumstances of how you were defrauded - for most MP victims, you either "waived" the 5 day right of recission, or you were refused cancellation within the five day period. Either one is breaching Mexican consumer protection rights.

I will try to offer you advice, but for the most part, its all in this message board and at some of the other sites listed.

posted 03-25-2004 20:14            

Glad to here you've had success getting your money back from MP. And I'm happy that any of my pointers helped you out.

posted 04-08-2004 16:26               

I will probably update www.gkaufmann.net or better yet - I may start a mayanpalacefraud.com. As you can tell, I am pretty angry. And it is not nice to anger a woman with a website and knows her way around the internet.

One Question - has anyone made claims to VISA? If so, could you email me - webmaster@gkaufmann.net. Since the MP contract looks valid - it may help to have some backup. There is safety in numbers. Especially if you were able to get your money back!

I would suggest that somewhere we have someone create a list of names of people who have been victimized and if they were successful. Gail Kaufmann Menomonee Falls Wisconsin

posted 04-09-2004 16:41               

not too harsh yet

posted 04-10-2004 07:56               

(don't be confused by the cool slang - the young guys at work got me in the habbit - I am over 50 years old. Buy the way - I contacted AARP also - they are into the consumer protection thing big time)

Keep visiting the site so that I know you are out there. I just updated the site with a few more pages today. I think I am going to sell the information on Ebay for like $1. "Mexico Timeshare Scam" I have been thinking of how to pass the word around and this is probably the most cost effective, very expensive taking out a billboard at the airport. Visit www.gkaufmann.net

Guess what - I just found out last night that my brother-in-law purchased the same thing I did from the Mayan Palace in the Riviera Maya back in February. And Guess what - He was also was told he had to waive his right to cancel because he bought a repro unit. He will testify to that, and so will his girlfriend who was a whitness.

I think the Attorney General of Texas would also be interested in any happy Mayan Palace owners that were also lied to in the presentation. Maybe the AG of Texas, with enough people stating that MP said their right to cancell was not valid, can start a suit against the MP. I don't think the Attorney General can start a class action suit on behalf of the owners, but I know they could fine them and get them to stop. I love my other two timeshares. SInce I have owned my timeshares, five of my friends and family have bought timeshares around the country.

I hate what these people are doing to the timeshare business.

I am concidering starting an email chain letter that just points people to the website. It is a cheap way to get the word around. You know how those emails spread. Feel free to pass on the URL to anyone and everyone you know. Tell everybody to email me with questions, if they wish they can do so anonomously by registering for a hotmail account under a different name.

It is my goal that every traveler to Mexico knows that his right to cancell a time share purchase within 5 days for full refund cannot be waived for any reason. Help me!

posted 04-10-2004 13:38               

Consumer Protection Alert -

I would like to inform you of a growing concern about the fraudulent timeshare sales practice that is in effect at certain resorts in Mexico. I own two other timeshares, one even in Mexico, and this is not the norm.

Granted, timeshare presentations are always high pressured and you hope that they do not stretch the truth too much. You do not expect them to outright lie about any of the features and benefits they offer. But even worse, I believe they are criminally fraudulent.

You buy a timeshare because you love to vacation, you love the timeshare, or you love the location. Period. It is a perk, it is not an investment, it is a wonderful luxury.

Some of the SCAMS!

Rescission Period

You must waive your 5 day rescission period because you are buying a repro unit and you can only have the protection once. SCAM Mexican law does not allow you to waive this right. (Look at your contract - they probably did not include the sheet that said you waived the right because it is illegal - you cannot waive.)

You must waive your 5 day rescission period because you are using an Equity Exchange. (Trading in a different timeshare.) SCAM Mexican law does not allow you to waive this right, ever, under any reason.

You cancel your contract within the 5 day period - but they will not accept it. SCAM By Mexican law they must cancel and return all monies. Get proof you tried to cancel if they refused. They will try to make you, but you do not have to downgrade.

Even if you are happy with your timeshare purchase but this tactic was used during your purchase, report it to the attorney generals office in your state, the state that the timeshare has an office, and the Mexican government at www.profeco.gob.mex. You should be able to do this via email. I am asking you to do this so that this illegal sales practice will stop.
If you were scammed as described above and want some options - please go to www.gkaufmann.net (site will be valid unless the timeshare purchase contract was cancelled - because then they make you sign a gag order).
Time Share User Group (www.tug2.net) - BBS, under Renting section. Do a search on Please Help, or Timeshare Fraud.
Also check out www.timesharefraud.com and http://timesharebeat.com/

Make Money - Rent your unit
You can rent out the units for $1700 a week. SCAM Some people are trying - but in actuality they are not selling for much beyond your maintenance fee, and often below. Do your research on Ebay and search on Google.

There are timeshare rental services you can use for only $300 for a lifetime contract with no limit on weeks you sell. SCAM Yes they may list your rental unit - but the market does not command those prices.

Use a reseller that also charges commission per sale. SCAM. They already have your $300 joining fee. Find someplace that will only take a percentage preferably if they are successful at renting the space - no join fee.

They said - Here - Phone this travel agency now and ask them how much they can rent out your unit for. You then pick up the phone and dial. Then the nice agent will tell you they rent for $2500 all of the time. SCAM There are unconfirmed stories that this rental company was in on the scam.

Our Resorts Hold Their Value

Because we keep building new resorts and you can vacation to any of them, our units hold their value. We have plans on building one in Cancun, Maui, and Orlando. Half Scam They may hold their value more than a different time share - but timeshare sales on the aftermarket are discounted at least 50%, sometimes more.

You must use our broker to sell your timeshare - he thus can control the prices. SCAM All you have to do is have your account paid in full and pay a 10% of your purchase price to transfer title (check the contract).

Things They Never Mention - But Check the Contract

To transfer title costs 10% of your purchase price.

Once you become a member, you may not be able to exchange into your home resort through RCI. The resort has restricted RCI from allowing current members to exchange into these units because they want new people to come and vacation with them. New people that they have not sold a timeshare to yet.
SFX has a reputation of having nothing to offer.
What To Do If You Have Been Scammed.

Check out the links above. Do your research. Contact your Attorney Generals.
Please research this yourself. But please, make the public aware! My goal is to make every traveler to Mexico know that they have a 5 day right to cancel any timeshare purchase.
Please
I really hate to ask you to "email this to everyone in your address book". But if you can save anyone thousands of dollars - isn't it worth it?
This email originated from a visit to the Mayan Riviera from Wisconsin and many people from the Midwest and Canada go to the Cancun area. But the chain in question originated on the west coast in Puerto Vallarta, Acapulco, Mazatlan, and Rocky Point (below Arizona). This email needs to make it all the way to California.

posted 04-10-2004 15:05               

Good SIgn

posted 04-12-2004 12:41            

Yes, you will very likely be asked to sign a gag-agreement before you get your money. Hopefully not, though, because you've done some great consumer education work!

posted 04-12-2004 16:03            

I just came across this site and am happy to see that those of you who have been "successfully pressured into purchasing a wonderful investment" have also been successful in sticking to your guns about getting out of it.

I have also taken the "90 minute presentation" of the Mayan Palace in the Riviera Maya/Cancun area (on March 31/04) My daughter (13) and I (36) were in Playa del Carmen when we were approaced by a MP scout. He basically opened up his book and said that we could pick whatever we wanted as gifts and my daughter could relax in their pool while I attended the presentation.

When we arrived there (scout accompanied us by taxi to MP) they were worried I didn't look the required age of 35 (as I had no ID on me other than a credit card - and there wasn't much credit left on it. (The "good" credit card was conveniently left behind). They wanted to know my marital status (to make sure I was the only one who made the decisions). I think that they thought I wouldn't make a prospective client in the beginning as a manager had to come to the front desk before I could be let in. (He was also Canadian [like madcanuck I am also from Manitoba]and in the end said to let me in and show me what MP had to offer). This was my first timeshare experience. They took a look at my credit card, stating that they were only taking my name down, and making sure that it was valid. They said they would not take the number down.

Our rep was "Troy", nice enough person in the beginning. He sat us down and asked the pertinent questions on the introduction forms such as where would we like to vacation, how much do we spend on a night in hotels, etc. Another paper was explained to me. This was a sheet that I could sign if I wasn't interested in the end. There was room for my signature, the rep and a manager. Troy signed the paper under "rep". He then proceded to show us the property and the rooms, which I must admit were beautiful. Hmmm, I started to think how bad could the financial obligation be... lol. Upon walking back, Troy mentioned he was getting married in a few days and had already made a sale so there was no pressure to make another one. He also mentioned some of the places that he had gone to through timeship ownership and where he was going on his honeymoon.

After the tour, we went back to the same room which was pretty full with reps explaining packages to prospective clients. The sales spiel began. After my numerous questions and himming & hawing about the price, Troy felt that he needed some additional help and called in a manager "Brent". Brent sweetened the deal with additional weeks and a bigger unit. He also told stories of being a fellow Canadian and how good things were - apparently he owned 14 timeshares and did very well on them. Troy nodded in agreement mentioning "take a look at his watch"... I noticed that right off the bat - a Rolex (possible a knock off... ;-)

Everytime Brent left, Troy got more impatient. In the end he started blaming me for wasting his time, stating that he told me that he didn't have too much time today. I countered saying that everytime I said that I don't think I could do this, you kept calling Brent back. Once Brent came back, Troy said "She won't buy from me, she'll only buy from you". The more questions I asked, the more they were convinced that I would buy and repeatedly said (with an outstretched hand) "Welcome to the Family". In the end I was offered a 2 bedroom suite with 4 weeks every other year. 2 of the weeks though were for Mazatlan. This for around 12,000 CAD with maintenance fees of around 450 CAD/week. Of course I could trade my weeks in and make $1200 - mf and put the money toward paying my timeshare or towards my vacation through other weeks available through the catalogue. Boy it sounded too good to be true! It's an investment. We all make money on this.

In the end I still wasn't convinced. Troy took all of the papers away from me (the ones they scribble on to show you what a good deal everything is) and produced the paper that he initially signed as a rep. I signed my name and then he signed under the "manager". I asked him "Doesn't a manager have to sign that?" He said "I am a manager, you just didn't know that" He obviously wasn't pleased. He asked me what they promised me as gifts and I said whatever was written on the paper. He was now trying to blame me more for wasting his time and for coming just for the free items. Then I was sent to do a "closing survey".

The "closing survey" was explained to me by a "developer". It went over how I was treated from the scout, the rep, the manager... what I thought of the property, etc. This simple paper turned into another hour. The "developer" said that I didn't want a timeshare anyway, that you couldn't make any money with it and then also mentioned that every 5 years I had to pay 5 maintenance fees per week for upgrades (furniture, etc. this was left out of the spiel by the rep Troy). The developer was basically discounting everything that the sales people were trying to tell me. He seemed sincere, stating that he wasn't making any commissions, but that they needed capital to invest for other development projects. He first offered me around 40 weeks of vacation time that I had 7 years to use. No maintence fees. This would cost me 5500 US for a pin number. I could use this pin number to go on the internet and select from a variety of places. If I booked 31 days or over, it would cost me ~ 450 US/week, if I booked 30 days or under, it would cost me 199 US/week. He kept asking if I had room on my credit card. I said that I had enough room but that I didn't have that particular credit card with me. He offered to go with me to my hotel to pick it up. I still wasn't willing to pay that much, so he said how about 5 years with so many weeks, then down to 3 years with ~ 12 weeks for around 1950 US. He also threw in a free week at the MP in Riviera and a "free" week cruise for 2 for $399 US/person. It sounded good and I almost did want to say yes. But there was something about paying ~1950 US for a pin number. I said that I still thought it was too much money and he said what if I could do it for par (~1950 CAD). I finally said no that I couldn't do it. He wasn't upset and said that he tried and that I could go and collect my gifts that were promised to me. As I turned to say goodbye, he had a well used backpack on his back and said I had about 2 minutes to change my mind. Hmmm, and I thought this was a developer.

The 90 minutes turned into 4.5 hours with my daughter sitting very patiently beside me.

We went to the counter and received everything that we asked for: 3 liquor bottles, 2 t-shirts, and a hammock... we could have initially had the sombrero, beach bag, blankets, towels... but passed on those.

Finally upon leaving the building we went down to where we would catch a van to take us back. We saw one van and asked the driver if he was going back to Playa Del Carmen. He nodded yes. And now for some humour...We got in. He made a second stop and picked up about 8 maids. Then we drove to another part of MP and the maids got out. The driver said we were there. I again asked Playa Del Carmen? And he said that we took the wrong van. (I really thought that this was the van for people who didn't sign!!!) In the end we got into the correct van and came across another Canadian couple who also managed to say no after 5 hours.

Good luck to all of you who want to get out of a misrepresented timeshare spiel!