[ndrichie]

I have learned a few things.

Article 56 of The Consumer Protection Law of Mexico says you have 5 days to cancel any timeshare contract by reasonable means including registered mail, fax, possibly email.

Article 1 says this 5 day right is not waivable (the buyer cannot give it up) and even if the buyer is convinced to sign a document to give it up (waive the right) that waiver is not valid and the buyer still has the 5 day right.

Grand mirarmar is trying to block our cancellation because their contract says we have to do it in person, AND they said we signed a "satisfaction letter" that gave our cancellation right up. Sneaky, slimey aholes !!

When they resort to illegal methods in their contract to get people's money, I certainly don't think they will follow through in paying out "guaranteed rental" money or "guaranteed timeshare liquidation". Keep in mind, Grand Miramar and Luxury Vallarta Rentals are seperate companies, and they did that for a reason.

[ndrichie]

I have some good news to report, Miramar cancelled my contract. They at first tried to say I couldn't cancel because the contract said I had to return to the site to do it and I had waived my right to cancel because I signed the "satisfaction letter". My lawyer sent a demand letter in response and filed a complaint with PROFECO and they have agreed to cancel it.

I could probably wait and see if I will get a full refund, but I have authorized my lawyer (for an additional $750 fee which seems worth it to recover $25,000, payable only when full refund is received) to pursue the full refund of the rental fee, closing costs and down payment and recovery of the promissory note they made us sign. I made the choice to do this because my lawyer seems to think they will try and keep the "closing costs" and only refund the down payment.

So far, extrememly happy that I hired a lawyer!

[JanGor]

[ndrichie]

Jangor,

That looks very similar to the letter Mr. Jarmillo sent to us as well. And Shannon Hodges was our sales guy to.

Just curious, 4) imlies you've used the property but you said you left the next day and cancelled almost immediately. And 5) and 6) sounds like they used smoke an mirrors, basically just reduced the sales price by $12,000 if you give up your 4 weeks, then called that rental income, thereby saying you activated your membership. 9) is bogus, you do not have to cancel at the place where the operation took place. The consumer protection law of mexico says any reasonable method of delivery. Miramar is just trying to make it difficult. 10) and 11) - pure gall.

I promise you, you will not get any help from Shannon, Claudia or Mr. Jaramillo. Have you filed a complaint with PROFECO? You should call my lawyer and at least talk to him and see what he can do for you. This is what he specializes in. Even though he is here in Austin, he has clients all over the country because not many lawyer specialize in Mexican law.

[ndrichie]

Jangor,

Oh, just realized the credit card company sided with you, so a lawyer is not needed. That is great!![/quote]

[jano74]

I attended the Timeshare / Fractional ownership presentation for the Grand Miramar. The place was gorgeous. However, I think there is a huge scam going on there.

First, 4 different people wanted to "verify" both my wife's and my credit card. We did not let them handle the card or see it from more than a few feet away. If this is a requirement to "qualify", why do they need to see it more than once. They wanted to take down the numbers and expiry date, but we refused. After reading these posts, good thing we did.

We told them our family (specifically our parents) owned a timeshare in Vegas. My wife and I paid for it and continue to pay the assessments so we consider it ours. However, when they wanted to verify and I refused to let them check (since it is in my parent's name), they started getting nervous. I told them we had more than enough in our accounts to pay a downpayment without selling a timeshare to get there. They showed us the place, but upon finishing the tour, the "manager" had a word with us.

Apparently, we had been asking too many financially pointed questions regarding ROI, down payment, occupancy rates, contracted buyouts, etc. (I am a banker) and did not qualify since we didn't own a timeshare. I pointed out I can easily purchase the fractional ownership. However, they said no and we should leave. When I brought up that I was not happy I was being sent away without my gifts (3,000 pesos) and that I was insulted that just because I didn't own a timeshare, I wasn't considered a viable mark, mmm, I mean client, mywife and I were phsyically threatened.

The manager was in my face and my wife's face chest bumping us and stated "this is Mexico. You don't speak the language. What are you going to do?" They made us leave out the back entrance. That sealed the deal on this place. It is obviously a scam that over promises and never delivers. Good thing I am 6'3, 265 and can handle myself pretty well or it could have been very intimidating.

[NWTraveler]

Just a note to thank counsal2008 for posting a solution to get your $ back.
We followed it on our resetn July 2010 trip and recieved refunds on two credit cards for a total of over $15K in less than a week.

However, we made the mistake of staying at the hotel one night and were charged $495 plus credit card fees, and a $100 dinner. The total was $1188 but we were happy to cancel.

They were certain that another hotel had coached us. Thanks again to all of you for taking the time to help others. Good luck!!

[ndrichie]

I have submitted all the cancellation documentation to Bank of America (the card they opened in my name to make the purchase) and after talking to BoA I don't anticipate any problems disputing the charges.

I was also told by my lawyer that Mr. Tello (with Miramar) requested until the 14th of August to return the funds because they have been with "slow" sales and low in cash flow.

[JanGor]

Just wanted to let you know that Miramar did not dispute our case and the 45 days are up for them to do anything now. Hope we have learned our lesson.
Janet

[Muskoka]

I, too, purchased at GMiramar last March. I, however, could not find any discussion re scams with GM online and therefore did NOT cancel
.
I have had the same difficulties with the other company Luxury Vallarta - no response to any request for sale or rent of my other timeshares.

Although LV and GM are different companies, the agreement of the Luxury Vallarta to sell/rent my other timeshares was, I guess like everyone else, was what sealed the deal for me. Now this other company (LV) which the GM were representing has not fulfilled their contract. I am devastated and would appreciate any advice anyone could share with me.

[katnsocal]

Muskoka,
Sorry to hear about your involvement too. Reading through the posts I think everyone has pretty much given all the info they have on what they have gone through, who they have contacted and the outcomes. I fear that you have probably waited too long to be able to dispute anything. Everyone else seems to have jumped on it immediately when they realized something did not feel right. Read all the posts and gleen whatever information you can and go from there. Profeco might be a place to start given the number of complaints they have received on the property but timewise, I don't think help is going to be on your side. Good Luck and keep us posted on what you are doing and the outcome!
_________________
Captain's First Mate!

[ndrichie]