"Wayne Robinson is a former timeshare sales agent and executive who worked throughout Mexico and the Caribbean. He is an absolute expert in foreign bought timeshares." - Irene Parker, Volunteer Timeshare Advocate, Inside Timeshare
Millions of tourists visit Mexico every year, and tourism continues to grow by leaps and bounds. Unfortunately, many end up buying timeshares that they later regret. Now, the search begins with the popular keywords, "How to cancel a timeshare in Mexico."
No one prepares themselves to attend a timeshare sales presentation until they leave the airport and are approached by an OPC, timeshare marketing rep.
However, being lured with free gifts and excursions and a very friendly local, it is often difficult to turn them down.
The next day, you are in a 90 minute timeshare sales presentation for 8 hours. You want to leave, and the only way to leave is to purchase something. They continue to shower you with more gifts (bribes), you buy something, and finally the day is gone and you are now a new owner of a timeshare in Mexico.
Next year, you want to take a vacation and use the $21,000 membership, and are told that there is no availability. You try again and the same problem, year after year after year. Finally, you want out. Now what do you do with it?
If you look on the timeshare resale market, they are selling for as little as $1.00. If you contact a timeshare cancellation company or a timeshare lawyer, be ready to fork out another $5,000.
The bad news is that the money you already forked out is forever gone. The good news is that you can simply walk away. Here's why...
You Can Cancel A Timeshare in Mexico For Free Because They Are “Voidable”
Yes, you can cancel a timeshare in Mexico because a timeshare in Mexico is invalid on several counts. However, I will touch on just a few just for brevity.
- Many of the timeshare contracts are never signed by the companies. Some might scribble a signature on some of the paperwork, but there is no way to validate or read the name.
Here is a copy of a Diamond Resorts Cabo Azul in San Jose Del Cabo, Mexico contract that was recently signed by the purchaser, but never signed by the resort. (The owner's name has been blocked for privacy purposes.)
EVERYONE KNOWS THAT A CONTRACT HAS TO BE SIGNED BY BOTH PARTIES TO BE VALID.
- None of the sales agents or VLOs who signed the contract are legal representatives of "the company" included in the contract. That's true. When a person works in a timeshare sales room, he is not a legal representative of that company. In fact, they are not representatives at all, and it is not written anywhere in the contract.
- Timeshare sales people, marketing reps and VLOs work for a pay company called a "pagadora." This is the company that employs them. They pay a 10% commission to this company for the sale and the company takes care of all the working documents for the local government.
- There is nothing in the Mexico timeshare contracts that mentions this relationship, and therefore, makes the contract voidable.
One of the obvious reasons is for liability purposes. If the person is caught lying, the company is really not liable.
A Timeshare in Mexico is Not What You Think It Is
That's right. They do not sell timeshares in Mexico, only travel clubs.
A timeshare is a dedicated deeded ownership of a divided interest property. It is illegal for Foreigners to own beachfront property throughout Mexico. If they should buy a property, they need a fideicomiso, which gives them a right to use for up to 99 years.
So, the contracts that foreigners sign in Mexico are for travel club memberships. There is no ownership of anything. The travel club and the resort names will be different as the travel club leases rooms from the resort. The timeshare companies usually do not own the rooms.
Therefore, there should be no maintenance fees as members do not own the property.
If you read the contract (most people don't), it states clearly that you are joining a travel club or a vacation club.
It's no different than joining your local golf club. There is an upfront cost and monthly or annual dues. If you don't pay them, you cannot use the property. Legally, they cannot do anything to you if you decide not to pay your maintenance fees, except prevent you from using the property.
With the points programs, they can sell as many points as they desire, which is why so many members cannot get into their own resorts. The travel club typically does not own the resort as the rooms are reserved for the public first.
You Can Cancel A Timeshare in Mexico Because It Is Governed Only by Mexican Law
If you read the contract, it will tell you which country governs the contract. In Mexico, it is typically a local Mexican government. However, many contracts, believe it or not, are governed by the laws of offshore locations such as Panama. That's right, your contract may not even be legal in Mexico, but in Panama.
Although Panama may be a nice place to visit, I don't think you want to go there to take the timeshare company to court. Nobody would show but you. Not even the judge.
Their contract states specifically that it is governed by the laws of Panama. They use many legal names to cover their _sses. However, the name on the contract is often different than the credit card receipt.
You Can Cancel A Timeshare in Mexico And It Will Not Affect Your Credit in the U.S. or Any In Other Country
Because the contract is governed by the laws of one country, they cannot affect your credit in another.
Credit reporting agencies only recognize contracts written in their own countries by local registered businesses. They will and cannot take a debt, if it is in fact a debt, that is governed by the laws of another country.
Moreover, a Mexican company cannot report you to the credit reporting agency because they do not or should not have your social security number. This is the only way that a debt can be reported to a U.S. credit reporting agency. Without it, there are many John Does.
Many timeshare companies set up or work with U.S. collection companies and threaten to ruin one's credit. The debt is still not legal in a foreign country.
They often use similar names as the original company to appear as the same. This is illegal if they are taking information from one country and using it fraudulently for another. Also, is there any language in the contract that allows them to do that? Probably not.
Besides, few timeshare companies, if any, will report a debt or maintenance fee to a credit reporting agency. They would rather have the cash. A maintenance fee is NOT a debt and should show up on a credit report.
Read this book. It shares all the "inside secrets" that the timeshare industry does not want consumers to know about.
This book will educate you to make informed decisions by knowing how the timeshare industry really works.
- Learn step by step how to legally get rid of your Mexico timeshare
- Learn all the secrets that resorts do not want you to know
- Learn the tricks that timeshare resorts use to lure you to take a presentation
- Learn the strategies that timeshare resorts use to get you to buy a timeshare at the end of the presentation even after you say "NO" several times
- Know how timeshare relief companies operate
- Learn about timeshare arbitrators who work for free
- Learn about licensed timeshare resellers who will list your timeshare for sale with no upfront costs to you
- Learn how to best use your timeshare and travel around the world despite your past experiences or what you have been told
- Learn how to walk away from some timeshares by the end of the day without any legal ramifications and without paying any money whatsoever
After reading EVERYTHING ABOUT TIMESHARES: Before, During and After the Sale, the reader will be armed with an effective weapon to face any timeshare challenges. That weapon is this book which captures a glimpse into insider secrets that are never supposed to be shared with the public.
The cost of the Ebook or book is only ($19.95), or you can order the physical book on Amazon. This book will save you thousands of wasted dollars and time that could be going into somebody else's pocket, not yours.
Share it with loved ones who may own a timeshare or may attend a timeshare sales presentation in the future. If they like to travel, chances are, they are more than likely going to be invited on a sales presentation.
It is always best to be prepared than to be disappointed with regret.
100% MONEY BACK GUARANTEE
If within 30 days, you are not completely satisfied with your purchase, we will gladly refund your money. We believe that honestly is always the best policy.