Report Abuse

[Q=ricardon24] ...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.[/Q] 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 [b]no[/b] instance should anyone pay [b]any[/b] 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.