Help w/ Contract Language

Hi all We bought our 1 week/yr for 30 years TS, starting 2009, in Mazatland last month and just received the Contract Certificate. I have problem understand its language. I called the resort but have not received response yet. Anyone understand it, please help me. Also, does anyone know how to will the RIGHT TO USE TS.

Thank you.

The Certificate states: - Use Season or Week BI ANNUAL ODD for each (15) odd years... - The User will take only the interest in the TS interval as set forth hereinand will RELINQUISH any and all residual rights of the claims to such interest on the expiration of the (15) consecutive use periods of user(s). - .,.. From Week 1 to Week 50 only in 2007

kimyn wrote:

Hi all We bought our 1 week/yr for 30 years TS, starting 2009, in Mazatland last month and just received the Contract Certificate. I have problem understand its language. I called the resort but have not received response yet. Anyone understand it, please help me. Also, does anyone know how to will the RIGHT TO USE TS.

Thank you.

The Certificate states: - Use Season or Week BI ANNUAL ODD for each (15) odd years... - The User will take only the interest in the TS interval as set forth hereinand will RELINQUISH any and all residual rights of the claims to such interest on the expiration of the (15) consecutive use periods of user(s). - .,.. From Week 1 to Week 50 only in 2007

========== First...you did not purchase 1 week/yr for 30 years. According to the contract (BI-ANNUAL Odd Years) you bought 1 week every OTHER year for 30 years (2009, 2011, etc). After the 15th usage, in 2037, you no longer have use of the unit. If this is not what you bargained for, and you are still in the rescindment period, you may want to cancel the contract. I would think that willing a right to use TS is the same as willing a deeded TS, though the heir would only receive the remaining usage.

Is this right? I know for sure that we bought 1 week/yr for 30 years (I still have her presentation worksheet in my hand). I would never pay that much for every other year. What do you think I could do in this case if this is the case? Thanks for your help, Mike.

kimyn asks, quoted in pertinent part:

>> We bought our 1 week/yr for 30 years TS, starting 2009, in Mazatland last month and just received the Contract Certificate. I have problem understand its language. I called the resort but have not received response yet. Anyone understand it, please help me. Also, does anyone know how to will the RIGHT TO USE TS.

The certificate states: - Use Season or Week BI ANNUAL ODD for each (15) odd years... =======================================

First and foremost, I'm wondering if you have quoted the certificate accurately. BI ANNUAL means "twice per year". That's highly unlikely, in my experience.

Does it actually say "BI ENNIAL" --- which means "every other year"???

Either way, you have a problem if you believe that you have access to annual usage for 30 years and your certificate now says someting entirely different.

What does your original purchase CONTRACT say???? The contract document is what you signed when you initiated the purchase in the first place. The contract document is the legally binding document --- not the certificate issued later, after contract execution.

I sincerely hope that you have a copy of your original signed contract in your possession. If you don't, you have a real mess on your hands, because SOMEONE certainly has a copy of that signed contract and that contract IS the overriding legal document --- NOT the certificate issued a month later. I'm hoping that the explanation here is simply that your certificate was prepared inaccurately. The other possibility is much less pretty --- that you may have signed and executed a contract which says something entirely different from what you apparently believe that you purchased.

Bottom line --- What does the CONTRACT which you originally signed say????? This is the criticallly important document. Without its language, it's impossible to help you much here.

ken1193 wrote:

kimyn asks, quoted in pertinent part:

>> We bought our 1 week/yr for 30 years TS, starting 2009, in Mazatland last month and just received the Contract Certificate. I have problem understand its language. I called the resort but have not received response yet. Anyone understand it, please help me. Also, does anyone know how to will the RIGHT TO USE TS.

The certificate states: - Use Season or Week BI ANNUAL ODD for each (15) odd years... =======================================

First and foremost, I'm wondering if you have quoted the certificate accurately. BI ANNUAL means "twice per year". That's highly unlikely, in my experience.

Does it actually say "BI ENNIAL" --- which means "every other year"???

Either way, you have a problem if you believe that you have access to annual usage for 30 years and your certificate now says someting entirely different.

What does your original purchase CONTRACT say???? The contract document is what you signed when you initiated the purchase in the first place. The contract document is the legally binding document --- not the certificate issued later, after contract execution.

I sincerely hope that you have a copy of your original signed contract in your possession. If you don't, you have a real mess on your hands, because SOMEONE certainly has a copy of that signed contract and that contract IS the overriding legal document --- NOT the certificate issued a month later. I'm hoping that the explanation here is simply that your certificate was prepared inaccurately. The other possibility is much less pretty --- that you may have signed and executed a contract which says something entirely different from what you apparently believe that you purchased.

Bottom line --- What does the CONTRACT which you originally signed say????? This is the criticallly important document. Without its language, it's impossible to help you much here.

Ken, thank you for your response. I did review the documents that we signed. In the Purchase Contract and Security Agreement, it states UNIT TYPE: JUNIOR ONE WEEKLY INTERVAL PER YEAR IN RED O SEASON FIRST USE YEAR 2009.

In the New Owners Verfication Form it also states: Our vacation ownership is for 1 week(s) per year.

However, I did not see anywhere stating 30 yrs. So what do you think?

kimyn states/ sasks:

>>Ken, thank you for your response. I did review the documents that we signed. In the Purchase Contract and Security Agreement, it states UNIT TYPE: JUNIOR ONE WEEKLY INTERVAL PER YEAR IN RED O SEASON FIRST USE YEAR 2009.

In the New Owners Verfication Form it also states: Our vacation ownership is for 1 week(s) per year.

However, I did not see anywhere stating 30 yrs. So what do you think? ======================================

As indicated previously, the signed contract document (....not the "new owner's verification form" and not the "certificate"), but the CONTRACT is the principal and overriding legal instrument. Frankly, I cannot even imagine that a "term" (time duration) is not clearly specified SOMEWHERE within that contract document, since "term" would be a basic, fundamental specification within virtually ANY such contract ANYWHERE. I suggest that you thoroughly read all of the original CONTRACT documents all over again --- slowly and very closely. It is simply inconceivable to me that a "term" or "duration" is not clearly specified in the contract SOMEWHERE. I don't know a thing about Mexican law (such as it is.....), but a contract without a term would not even fulfil the basic requirements of ANY contract here in the U.S.

The GOOD news is that, based uoon the limited information which you've presented (and assuming that you have related all of that contract content info correctly), it would APPEAR at first glance that your "certificate" was simply prepared inaccurately. You need to get in touch with the source of that "certificate" ASAP and point out the errors. Hopefully, it's just an innocent paperwork mixup or clerical error (and not an attempted willful act of deception), but you need to jump on this NOW! But once again, not to beat the point to death --- it's the CONTRACT content that matters most, not any unilaterally generated paperwork or "certificates" generated (by only one of the parties) after the fact of contract execution.

I have to wonder how / why your first year usage is, as you've indicated, in 2009 if you purchased in 2007, but if that's what the CONTRACT says, and that's what you agreed to under signature, then that's just how it is. I HOPE that doesn't mean that you have agreed under signature in the fine print somewhere to pay a 2008 maintenance fee while having no actual access to the resort anytime in 2008.

You really and truly need to be having some immediate conversations DIRECTLY with someone in authority (not desk clerks just answering the telephones) at the resort sales office, in order to resolve what appears to be some rather glaring differences between what you assert that your contract says and whatever your subsequently generated "owner certificate" or "verification form" might say. It's the CONTRACT content that should prevail over any and all else..........

Thanks again Ken. I'll try to review the contract again to look for the term. I just mailed (Certified mail w/ returned receipt) copies of my contract and all related documents that I signed and represented at the purchased date to the Sales and Customer Service manager. Hopefully, he can straighten things out. By the way, your question about the First Year usage in 2009, that was my request since we already had vacation plan for 2008. Thank you so much.

kimyn wrote:

Thanks again Ken. I'll try to review the contract again to look for the term. I just mailed (Certified mail w/ returned receipt) copies of my contract and all related documents that I signed and represented at the purchased date to the Sales and Customer Service manager. Hopefully, he can straighten things out. By the way, your question about the First Year usage in 2009, that was my request since we already had vacation plan for 2008. Thank you so much.

You're quite welcome --- and good luck. For the benefit of others who might someday find themselves in a similar situation, please take the time later to post your outcome here in these forums when all is resolved, so that others may learn and benefit from your experience.

I sure will let you all know what is the outcome of this. Thanks

Update on my case in regard to an error on my Certificate of Ownership. So after a month screaming and asking help from my credit card and Profecco, I just received the revised Certificate according to my contract with no explanation or apology from the resort. However, I still have not heard from my credit card or Profecco in regard to my request to have the contract to be cancelled. Eventhough the resort sent me a revised Certificate, I still want to cancel it because of their lousy customer service. The imagination that I have to deal this kind of service for the next 30 years make me feel sick. In addition to the fact that they asked us to sign away our rescission period (which they knew it is against the law in Mexico) make me doubt of their business practice. While waiting to hear from my credit card and Profecco, anyone has any suggestions or ideas, please let me know. Thanks all.

kimyn states / asks, quoted only in pertinent part:

> ...I still have not heard from my credit card or Profecco in regard to my request to have the contract to be cancelled. Eventhough the resort sent me a revised Certificate, I still want to cancel it because of their lousy customer service. << =====================================

Review of your initial post indicates that this purchase contract was originally executed sometime in July. Accordingly, in late September (i.e., two months later) you are long past the time window for exercising any "right of rescission" (contract cancellation). The right of rescission would have to have been exercised in writing directly with the seller (i.e. separate from and completely unrelated to any credit card charge issue). Right of rescission time limits are determined by individual state laws in the U.S. and generally range from 3 days to 10 days. I have no idea what Mexican "law" (such as it is....) says, but it's almost certainly no longer than 15 days. Waiving your right of rescission is (as you have noted) not a lawful option in the U.S., but you are not protected by the terms of U.S. law in a Mexican timeshare purchase.

If you filed a credit card dispute in time (customary limit is 60 days), you may succeed in challenging that charge if you initiated the dispute in time (and in writing). However, even if you get the credit card charge removed you are still legally bound to the terms of the contract which you signed. Unless the seller voluntarily releases you from that contract (which is highly unlikely) you are signatory to a legally binding contract, with or without (and irrespective of) the credit card charge status. How energetic they would be in Mexico in initating foreclosure and/or damaging your credit rating if you simply walk away from the contractual obligation, I do not claim to know. Foreclosure is certainly a LAST resort anyhow and is certainly NOT what they WANT to do, since doing so just lets you "off the hook". They much prefer to have you remain legally obligated to pay those annual maintenance fee bills....

I don't deal with Mexican RTU timeshares, so I neither have nor want any personal experience with them, but my legal instincts say that most likely your only possible way out of the contract which you signed, with the rescission period long past, is a voluntary release from the contract by the seller, perhaps with the "encouragement" of Profeco. In my opinion, which you can choose to accept or ignore as you may see fit, your energies should be focused on trying to persuade Profeco to seek that voluntary contract release on your behalf from the seller. Whether or not they would do so with any genuine effort, in the absence of any outright fraud, I simply do not know, but you don't have a whole lot of other options (if any) to pursue here...... Good luck.

kimyn wrote:

In addition to the fact that they asked us to sign away our rescission period (which they knew it is against the law in Mexico) make me doubt of their business practice. While waiting to hear from my credit card and Profecco, anyone has any suggestions or ideas, please let me know. Thanks all.

This is against the law .... stay in touch with Profeco regarding this scenario as they should mediate to get your money refunded. A rescission period is everyone's right when buying a timeshare from a developer.

Re: >> ]This is against the law....<< ======================================

In the U.S., yes, any attempt to get a buyer to waive his/her right of rescission is indeed against the law. And even if an unwitting buyer signs the right away anyhow, that waiver is completely legally invalid.

However, as I have already noted previously, this may or may not be the case under Mexican law (such as "law" might be in Mexico...). As they say on the golf course, "local rules" may well apply.

Mexican law requires a 5 day rescission period after a signed timeshare contract. I knew there was a rescission period by law in Mexico but I wasn't sure how many days (I googled to find out it was 5 days). If they were forced to waive their rescission then this is against the law and Profeco can/should help. They've helped many people that have been led to waive their rescission rights.

Thanks Ken and Jayjay

kimyn wrote:

Thanks Ken and Jayjay

Kim - Jayjay is correct in saying the timeframe for right to rescission in Mexico is 5 days; that being 5 working days from the day you signed the contract and also that it is against the law (including in Mexico) to ask someone to waive their right to rescind. I recently went through all this myself and was lucky enough to be able to rescind my contract within the 5 days; HOWEVER, that being said, even though you are well past the 5 days rescission period (or "grace" period), IF they asked you in any way to waive your right to rescind (which you state they did), that is against the law and PROFECO should assist you (hopefully) to facilate cancelling your contract based on that issue alone.

A website I found very helpful when fighting to have my contract cancelled was www.mexicantimesharefraud.com - it is extremely useful in setting out what your rights and remedies are under Mexican Law and what to do.

Basically, what you need to do now is get your official complaint into PROFECO (it must be in writing and supported by copies of all your documentation). Advise them in your complaint that you want to cancel the contract based on the fact that the company "asked you to sign away your rescission period" and explain the specific details surrounding that specific issue. If it is documented anywhere in writing in your paperwork, be sure to send them a copy of that with your complaint. Proving that issue and convincing PROFECO that they did that is going to be "key" in whether or not PROFECO will help you to get the contract cancelled at this late date. I would stay away (in your complaint letter) that you want to cancel because you "don't like their business practices" - it will only reduce your credibility in wanting to cancel for a legitimate reason - that they broke the law in asking you to waive your right to rescind - something that PROFECO can actually help with; in other words, not liking a company's business practices (as you have also stated) is not going to be enough to let you out of the contract - so focus on the issue that they (PROFECO) actually have the power to deal with.

Also, I would not bother fighting with the developer any longer at this point - that will be fruitless and a waste of your energy - go directly to PROFECO with your complaint in writing and anything you have to support your claim. Maybe start by having a read at the website noted above.

Good Luck with it.

Thank you Donnam for your great suggestions. I did file my official complaint with PROFECO and my credit card to cancel my contract because of requesting to sign away my rescission rights. The fact is I have a copy of the document stating that by signing this paper, I acknowledged that this is non-cancellation, non-refundable deal....(which I did not know this is against the law, thus, I did not cancel my contract within 5 days. Stupid me, I should have done my research before signing the contract). I have submitted all the documents to them. You are right, I don't even bother to fight with developer at this point. I am waiting to hear from my ceedit card company and Profeco. I will check out the mentioned website. Thanks again.