Mexico’s Consumer Protection Agency: Do They Guarantee Your Money Back?
Profeco, also known as, Procuraduria Federal Del Consumidor, has a mission of promoting and protecting the rights of consumers. With respect to the Mexico Timeshare Industry, it has been involved with assisting buyers with its trademark Profeco Timeshare Cancellation. It’s vision is to be effective in the promotion of intelligent consumption and in the application of the law. On February 5, 1976 The Federal Law of Protection to the Consumer began to establish rights for the consuming population. In fact, Mexico is only the second Latin-American country with a Federal Consumer Protection Law and it is the FIRST in Latin America to create a Profeco: Federal Attorney’s Office of Consumer. A new division has been created within Profeco called C.A.R.E.(Conciliacion a Residentes en el Extranjero) that specializes in assisting foreigners in the defense of their consumer rights with respect to the Mexican Purchased Timeshare Contract. Profeco Timeshare Cancellation by way of C.A.R.E. is quite popular for foreign Mexico Timeshare buyers when seeking assistance with the cancellation of their contract. But, the ultimate question of the article and what foreign buyers are most interested in is, Can the Profeco Timeshare Cancellation process assure the Mexico Timeshare Buyer the return of his/her hard-earned monies?
Article 56 of The Federal Consumer Protection Law, What Does It Say?
Article 56 of the Federal Consumer Protection Law states: “The contract will be perfected within five working days from the delivery of, or the signature of the contract, whichever occurs the latest. During this period, the consumer will have the right to revoke his consent without any responsibility. The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. The revocation according to this article, will terminate the contract. In this case, the costs of shipping and insurance will be the responsibility of the consumer.”
Does Profeco Guarantee Refund Of Down Payment?
No, Profeco cannot enforce the Mexico Timeshare Resort to refund any monies to the client nor officially cancel the contract. The office of Profeco offers mediation services but cannot enforce the resolution for the client who has been deceived and/or has had his consumer rights abused. This is where the road gets tricky when it comes to the Mexico Timeshare Industry. Most timeshare resorts who receive a Profeco Cancellation Letter run it through their normal cancellation process and subsequently refund the buyer within 15 days. BUT, Mexico Timeshare Scams who are using deceptive sales tactics on buyers, such as the 3 examples below pose a grave risk to the Mexico Timeshare Buyer:
- Waiving the right to cancellation within the allowed 5 day period.
- Having clients sign documents that serve to forfeit their down payment upon cancellation.
- Alerting clients to the contractual language that contract debt may be sent to credit collections in order to force contract payout!
What Exactly Can Profeco Do Then For The Mexico Timeshare Owners?
For the standard 5 day cancellation, Profeco can provide the buyer with a standard cancellation letter that the buyer will show or send to the timeshare resort. In which case, most resorts will process the refund owed within 15 days. Profeco can also assist clients who discover beyond the 5 day period that their consumer rights were indeed abused and assist them in cancelling the contract. HEY, BUT WHAT ABOUT MY DOWNPAYMENT? Most clients ask! Well, Profeco has the “power” to make a judgement in the timeshare owner’s favor but DOES NOT have the power to enforce judgement. They do have the power to enforce a financial penalty(fine) on the timeshare resort for either failing to show up to the designated hearings that take place in order to arrive at a judgement or due to the timeshare resort’s lack of resolution to solve the buyers claim after judgement has been passed. In the majority of cases the financial penalties are quite less than the down payment received by the timeshare resort. So without legal force, the timeshare resort can continue to act on deaf ears and stonewall the timeshare owner leaving the contract in limbo. There have been instances where the communication has ceased for two years and then the timeshare owner receives a mailing from a debt collector threatening the hard earned perfect credit score. Or even worse, a couple years later upon attempting to make a large purchase comes to find out by surprise that the timeshare saga has returned and is smack dab and center on their credit report showing a delinquency which for certain leads to embarrassment, anger, and bewilderment. In the end, Profeco makes every effort they can to assist all who come calling BUT, WHAT ABOUT THE CLIENT’S DOWNPAYMENT? Who Can Help The Client Retrieve His/Her Hard Earned Monies?
What Are The Limitations of Profeco and their Service?
First, is the inability to enforce resolution that the timeshare resorts refund the monies owed to the buyer. Second, is the statue of limitations being only one year. Timeshare resorts in knowing this, commonly take away the first 12 months of usage either by discounting the price via the rental of the timeshare weeks or by simply telling the client that in order to get the amazing discount being offered “today”, the stipulation is that client cannot use make his/her first reservation until 12 months later. Many clients not understanding the angle go for the bait since most families/couples take their big annual vacation pretty much the same time every year so in their own mind they will not be traveling like they are at that particular moment until pretty much the same time the following year! This is important since many clients do not discover the deceit or timeshare scam until a year later, but now Profeco can no longer offer assistance. Third, is the fact that upon making a claim with Profeco the only items and documents that are valid are the ones in writing. Remember, verbal promises don’t count! Even more, legal jargon is most cases is placed in the contract that states that the buyer is in accordance that the only promises that were given were the ones stated in the contractual agreement. Not much of a leg to stand on there! That’s for sure! In the end, most begin to see the game is rigged against them and simply decide to pay off the contract, not knowing that options do indeed exist for them. Don’t Despair, help is on the way!
Solutions Do Exist For The Timeshare Owner Who Has Been Defrauded!
In spite of the sincere intentions of Profeco, when dealing with a timeshare resort that is practicing underhanded business methods their ability to Fully Assist Mexico Timeshare Buyers who have been defrauded is extremely limited since the deck is stacked! If you or somebody you know has discovered that they have been scammed and/or their consumer rights abused, do not despair. Simply, contact us via phone and/or email and a qualified agent will provide a Free Consultation designed to inform you of your available options. Mexico Timeshare Advocate works hard in assisting clients hold the timeshare resorts responsible for their salesperson’s acts and deeds. In doing so we help to Officially Cancel The Timeshare Contract and any future obligations as well as retrieve your hard-earned monies paid to the timeshare resort so that they get re-deposited back to your pocket where they belong!
Our daily mission is to help Mexico Timeshare Owners who have been misled, deceived, and/or have had their Mexican Consumer Rights abused by dishonest salespersons. We do not require any upfront fees, and are a performance based outfit. Simply put, if we do not perform, the client does not pay one peso! Call Today For Your Free Consultation! You have nothing to lose and everything to gain!