Vallarta Gardens Timeshare Scam

lorenzoh5 wrote:

Since I'm in the U.S., what is the best method of mailing the letter?

You need a postmark (not actual delivery) within the 5 days rescission period. Certified USPS Mail with a date-stamped receipt from the counter is the gold standard for proof of date compliance here in the U.S., but you should inquire at the USPS counter about available alternatives (if any) when sending mail to Mexico and obtaining documentary proof of actual postmark date.

Thank you everyone for your help! Today I sent the Notice of Rescission. Since it is going from the U.S. to Mexico, I don’t know what would happen to the letter once it is in the hands of the Mexian postal service, so I decided to use Fedex, since the chain of possession will be Fedex from beginning to end. $85, but I think it is well worth it. I have documented proof of the date/time it was sent. I will get the same when it is delivered, and paid an extra $10 for a signature.

I kept the letter very sterile and matter-of-fact.

Paragraph 1: I stated that we are exercising our right to rescind this purchase. I gave no reason, as one is not required. It would serve no benefit to me.

Stated: - Contract/Member No. - Membership - Purchase Date

Paragraph 2: Stated that this notice is being sent on January 27, 2023, which is within the 5 day right of rescission period.

Paragraph 3: Requested immediate refund of down payment, which was on a credit card. I’m not sure if this is beneficial, but I felt like I wanted to state it, and not assume that it would happen.

Signed by both my wife and me, since we are both on the contract.

I scanned and saved every page of the entire packet that I brought home. The instructions state that I must return all documents, so I returned the entire folder, every page in it. I have a copy of everything.

At this time my intent is to be totally non-emotional, as that just confuses the issue – stick to facts and instructions only. Since this thread has been so helpful, I intend to update this thread with progress and maybe it will help others who find themselves in this situation.

Just thought I'd take a minute to update: there is no update yet. Our letter was Fedex'd on 1/27, and tracking shows it was delivered on 1/30. We've received no contact from VG. Since it has been 2 weeks, my wife decided to go ahead and dispute the credit card charge on the down payment.

Getting the popcorn ready.

lorenzoh5 wrote:

Just thought I'd take a minute to update: there is no update yet. Our letter was Fedex'd on 1/27, and tracking shows it was delivered on 1/30. We've received no contact from VG. Since it has been 2 weeks, my wife decided to go ahead and dispute the credit card charge on the down payment.

Getting the popcorn ready.

VG really has no obligation to contact you or to provide any separate confirmation / verification of your rescission. Their only legal obligation is to process the rescission and issue a refund of your deposit (not at all sure about the time frame in Mexico; it's 45 days max in the USA under applicable Federal consumer law). No harm in disputing the charge, but the refund will be (should be) a credit issued right back onto that same card --- so do not "deactivate" that card (...not yet, anyhow).

While getting the popcorn ready, I suggest that you also research and have ready to promptly utilize the contact info for PROFECO, just in case you need to get them involved --- and keep copies of anything and everything associated with your contract and your rescission submission.

My wife and I got suckered into the Vallarta Gardens Timeshare Scam. Is there anyone who can help us out. We made an initial deposit of $23,970 and we would like to get it back. Please tell us who to contact that can help us resolve this situation.

richardb567 wrote:

My wife and I got suckered into the Vallarta Gardens Timeshare Scam. Is there anyone who can help us out. We made an initial deposit of $23,970 and we would like to get it back. Please tell us who to contact that can help us resolve this situation.

You can get it back if you are still within your 5-day rescission period. If so, then follow the rescission instructions to the letter and get on it immediately.

If you have passed your rescission period, then you have a couple of choices, neither of which sounds desirable but they are your best options right now. Stop paying any more money into this but lose your initial deposit (I don't know what your original purchase price was). If you still owe money, then you will face a bunch of collection calls and letters.

Your other option is to just enjoy what you have bought since you already paid tens of thousands of dollars for it.

As for "who to contact that can help [you] resolve this situation", you can try Profeco but I don't know if they will get your desired result. But I can tell you whom to not contact. Do not go seeking the "help" of any company, charity, or law firm that claims it can get you out of your contract, sue the sales people, or "cancel" your mortgage. Those are scams.

Edgar Perez helped you with this?

I have a timeshare week through MexicoBeach.com.mx (which apparently didn’t exist anymore). It’s supposed to be good until 7/23. I’m trying to figure out how to get my money back. Edgar Perez was my contact person & suddenly vanished.

There’s gotta be a way to figure out what the heck is going on — altho by your story, maybe I dodged a bigger bullet. But I was promised 3 vacations for what I paid & have gotten none.

The sales department is totally dishonest. We went to there presentation on the second to the last day of our trip. The sales department Miguel Lopez and Francisco said we needed to take a RCI credit card for the both of us. They charge price of the place on cards that same when we stated to them we were at that time in no position to buy there time share. They charged that card that same day. We didn't find out until we got home what crooks they are. Beware of there lies and deceitful way they do things. It's a hard lesson to learn.

Rick, we just purchased unfortunately on 3/9/23. Everything went through Capital Marketing DS. I can't find out anything about them except from their website. The contract includes guarantees, but after reading reviews of scams, we'd like out!! Can you help. We're past 5 days. Was unable to reach our credit card company while in Mexico. Any suggestions?

I'm curious, did you recirculation any money from vallarta gardens for your weeks yet? We purchased in October 22 and are worried we got scammed.

curtise28 wrote:

Ok Guys, I bought into a 4 to 5 weeks Vallarta Gardens Villa Partial Ownership, just TODAY!

So, this is my honest perception of WHAT I WAS SOLD !

Yes, the Vallarta Gardens seems to be well kept, and its really just like one of the HIGH-DOLLAR costing Luxury Resorts we have visited in San Carlos, Bahia De Kino, Mazatlan, Tulum, Cancun, Playa De Carmen, other parts of the Yucatan Peninsula, just this past year alone.

Other than the Sonora desert coast on the Sea of Cortez where San Carlos and Bahia de Kino are on, all of the other vacation areas were mostly very tropical and JUNGLE LIKE, just like the entire property of Vallarta Gardens!

But, I was told by my Vallarta Gardens tour guide, that most of that humungous amount of spectacular foliage you see all over the property were IMPORTED from other areas of Mexico and planted there.

So, just like, even most of the NEGATIVE commenters stated on here, and on Trip Advisor, The PLACE is indeed fabulous!

Also, as was stated on here, they OFFER you several different Villa accommodations to choose from, based on your needs, and also on your budget, just like buying a NEW CAR!

The Villa I selected was a one bedroom in The Hamptons, which cost me $44,000 and some change, including 9% in closing costs and taxes. It was for 4 to 5 weeks per year. I paid for 4 weeks, but there was somethings that kept saying 5 weeks in the most popular winter vacation season, but I forget to get them to explain the difference.

If I didn't show up at all that year, they would use my time to invite NEW guests to stay in my place. Mind you, guest who they can then PITCH the same "presentation" to and its tour packages.

But, here's the thing.

Just like others mentioned on here, we were in the Nuevo Vallarta WALMART shopping mall looking around, for really nothing in particular, and one of their STREET PITCHERS started his spill, which we had been ignoring the hordes of them who are everywhere in the entire area, for all month long. But, this day we had a dental appointment, and we had over an hour to kill, so I decided to STOP and LISTEN!

The main difference from most others on here who are complaining, many of whom went to Vallarta Gardens just to receive one of their advertising/promotional FREEBIES, or perhaps a CHEAP $199.00 Puerta Vallarta area All-Exclusive Vacation, WE WENT there LOOKING TO BUY into something, JUST LIKE what their street guy was pitching!!!!

They have a bi-annual, or every two years maintenance fee of $1100 or so.

However, they waive it every 2 years after you make your payment, IF I didn't show up for usage during those two years...

Instead of ME paying THEM, they will not only refund my maintenance fees from the previous 2 years, they will even deposit a $3000 cash bounty BACK into my bank account in exchange for me "selling" my 4 to 5 weeks of usage back to them during those 2 years.

Disclaimer: DO YOUR OWN DUE DILLIGENCE!

Now starting today, I have from 5 business days, or some say on here, 30 full days, to allow my LEGAL SHIELD Lawyer to review my signed paperwork FREE to me, as a part of my annual LEGAL SHIELD Membership benefits.

If what they SAID is not 100% TRUE, based on what is WRITTEN in the Contract, I have a choice to ignore it, and hope for the best, or put my American Express charge into a disputed against them, per both of their contract, and Mexican Law. (American Express dispute process & Vallarta Garden's Mexico Timeshare Law)

But, here are the hip-kickers, that really made me decide to JUST DO IT, without thinking about it for at least a few days FIRST....

1. I just retired at age 62 several months ago, from being an over-the-road, 125,000+ miles per year truck driver for the last 22 years! And I decided NOT to collect Social Security YET, so any extra income from this Mexican vacation property OWNERSHIP would be a PLUS, to me!

2. For the last few years, I have been dating a Mexican Citizen, who is also pretty much retired. We had already been PLANNING to live both in Mexico, and the US for parts of the year, and we had plans to travel a lot more in the places we liked all over Mexico. Eventually travelling all around the world, while we both were still "young" enough to enjoy it. So, their GUARANTEED lowest price Travel Concierge Service would also be another PLUS!

3. I had the DISCRETIONARY MONEY ON HAND, and that amount wouldn't at all compromise my long-term financial security, IF it didn't work out and I LOST 100% of it!

4. They PROMISED by "contract" that they would deposit money into a type of annuity fund that guarantees a steady yield, and it would be enough to COVER my investment cost over 10 years, IF I wanted to just sellout at the MINIMUM.

5. At any time, I could list my 4 or 5 weeks back with them, and they would just resell it to someone else, based 100% on REAL MARKET values at that time, just like selling a HOUSE!

6. I will get a DEED that will allow me to virtually instantly become a Legal Permanent Resident in Mexico, based on their property OWNERSHIP laws, without having to LIVE in the Mexico nonstop for a few years!

7. I can also immediately get a Mexico Bank account, based on that same law of Mexican property OWNERSHIP!

8. I can also use my weeks, similar to an AirBnB property, where I can "SELL" my own vacation time to anyone else, and at whatever price I want. Or I can just allow ANYONE I want to vacation there at no extra cost to them during my time.

9. They have 10 fully manned and stocked FISHING BOATS that are owned by the property, and the only thing you have to pay for when you used them is the GAS, which for me is at a fixed cost for the next 4 years.

10. All the 1+ bedroom Villas comes with everything you have at home, including a MODERN refrigerator, washer/dryer, and all appliances, but the one you OWN isn't LOCKED, meaning you can upgrade it to a more spacious Villa at anytime they are available, simply by paying an extra fee, and its extra maintenance cost for that year.

Now, this NEXT part they fully explained to me, and I kept asking them several questions about it to make sure I understood it.

But, its still really hard to believe.

In ADDITION to giving me that $3000 bounty for "selling" my 4 to 5 weeks back to them, and not using them myself, with a 4 weeks OWNERSHIP, they will also pay me $12,000 per year, so they are able to rent out my weeks to OTHER Villa sales prospects that year!

This part is a PROMOTION, that will last for only the next 10 years of my Ownership, while they are completing the NEXT construction phases of increasing NEW Villa capacity.

This benefit is designed to help Vallarta Gardens Promotions be 100% guaranteed to have inventory available for those who they invite to come down for one of their "5 Day/4 Nights, ALL-Inclusive Vacations". When during the Winter season I chose to OWN 4 weeks in, close to 1 MILLION people just willy nilly decide to pay the highest prices, just to be in one of the HORDES and HORDES of "vanilla" Puerta Vallarta area hotels.

In other words, having this inventory available, and not having it being used by an OWNER will help to guarantee they will have opportunities to SELL more and more of their increasing number of NEW Villas, on top of any relisted for SALE Villas, over the next 10 years!

I'm typing all of this from MEMORY, so I may have some of the details incorrect, or a few of the numbers incorrect, but that's the gist of what the presenters said, and what the paperwork I SIGNED, as a part of my Vallarta Gardens Fractional Ownership Contract!

Again, now I have at least 5 business days to let my LEGAL SHIELD Lawyer review these entire Contract that I already signed, as a part of my LEGAL SHIELD annual Attorney Retainer Membership!

Guys, we are all constantly being SOLD STUFF by professional sales people, all throughout the year, right? Particularly, HIGH-DOLLAR STUFF that can be, or has a history of being "shady", its always best to have a Lawyer on retainer that will look over the paperwork during the COOLING OFF PERIOD of the Contract!

Having a LAWYER on retainer all year long, only cost a FAMILY less than $1 per day.

In these days and times, its almost CRAZY not to keep a Lawyer on retainer for all of the many different LEGAL issues, just like this, that any individual Family Member may have at anytime all year long!

I'm curious if you received any money yet from vallarta gardens for your weeks. We to purchased and ate afraid we are being scammed.

UPDATE: 7 weeks since we sent our notice of rescission. Nothing yet from VG. We disputed the charge for the down payment on our credit card, and in the first round it was denied. We can add more documentation and they will re-evaluate, which we intend to do.

sandraz54 wrote:

<snip> We're past 5 days. Was unable to reach our credit card company while in Mexico. Any suggestions?

If you are past the 5 days for contract rescission, a time period provided by (what passes for) Mexican "law", they are not obligated to cancel your contract or provide any refund of your deposit. Likewise, your credit card issuer is likley to be of little or no help if you freely and voluntarily signed a valid contract that the seller can now easily produce. What could you / would you "dispute"?

Don't shoot the messenger, but unless you are fully prepared to document and support a fraud case to PROFECO (buyer's remorse is not any basis for a "case"), it's likely that the best you can do at this point is cancel the credit card, kiss your deposit money goodbye and never send those parasites another penny. Your other option is to honor the contract and its' associated financial obligations and use (...or try to use) the alleged "benefits" identified in the contract that you signed.

We (myself and 5 other family members) stayed at house 48 and had an absolutely wonderful experience. The amenities (hot tub, grill, sun deck) on the top of our house alone were enough to satisfy our every need, but the nearby bar and pool (right outside our villa) were icing on the cake.

...

Has anyone been contacted by Morgan Law & Estates P.C. pursuing a Federal indictment against this operation?

I too would like this information. I paid a minimal fee to contract a lawyer to help with this issue. He essentially said it wasn't worth his time since there was little he could do. I want to get these guys. If anyone has a way I would gladly contribute what I can.

No. I have tried to find my own Mexican lawyer to take a fraud and misinformation case against Vallarta Gardens but they essentially declined. I would love to get these guys for the many people that have been sadly defrauded. If you have a case going and someone willing to actually take it, I'd love to join.

Kathleen, Unprompted i was contacted by these folks, I think it's just another scam. Didn't know if they had been reaching out to others with similar complaints. I'll let you know if anything comes from it.

We bought a 1 bedroom condo there in 2022. Also signed off five weeks for marketing in 2023 expecting payment for those weeks at the end of 2023. No one said anything about paying taxes on the money. We also "sold" them our timeshare and were to expect $ in 6 to 12 months. From the info I've been reading about, it doesn't sound too good. I was skeptical but unfortunately my husband was not and very eager to buy . The agent said that the reason they are buying these timeshares was to pay less taxes to the govt. I am wondering if anyone took this deal offered by Fortex.? You pay an investment handling fee and after ten years the condo is done and you get 5.9% each yr return on the initial price of the condo. After reading all these comments about Vallarta Gardens I am not sure what to think. My bank is warning of scams especially to Mexico. Is this Fortex thing a scam also? I think the deals and companies VG deal have changed every so many years as I can gather that from reading comments from people from 2012 They still were telling us that these two towers were going to be built and I read that also from a comment in 2014 or so. I can imagine how many people have bought into this with no new tower construction. I am assuming that it will be very hard to get in for a week when you phone for a reservation. On a positive note the place seemed quite beautiful to me.

Did anyone get anything they were promised? Just wondering