Times Share

[DEL]

resident. new york state, attended a time share presentation in mexico and was pressured to sign so we wouldn't lose the special deal offered that they gave us, said sure just give me a 15 days cancellation clause, and they did, we did cancel within the 15 day period when we got home and thought it over, now they say oh no that was only good if we cancelled within the following 5 days of signing the contract because we were still in mexico, our separate agreement does not say that, it says we can cancel at any time with the 15 days for any reason whatsoever, they say there is a clause in the main agreement that says if you are in mexico for the next 5 days one must cancel it with them there, can they sue me and win , attach my assets here and lien me and my assets here..or must they take me to court and prove to a court here that they are rite and i am wrong,cause i certainly have an agreement separate of the main contract that states i can cancel at any time within 15 days carte blanche no exceptions, and i have signed receipts that they received my cancellation of deal well before the 15 days were up, thanking you in advance.

 

[loku]

It sounds like you had the right to cancel within 15 days, but I would like to ask a few questions to make sure:

1. Did they tell you about the existence of the main agreement?
2. Did you sign the main agreement?
3. Does your separate contract make any reference to the main agreement?

 

[DEL]

timeshares

1. yes ...
2. yes we signed it......
3. yes the purchase agreement number is MPA 26-1390 and that same reference number appears on the separate 15 day extension.

can they obtain a judgement in mexico and excute it here with out my knowledge or will , in your opinion , i have my day in court, here, to present my papers, if this goes that far, because of their demands to me so far i expect them to, unless they are just trying to scare a couple starting their senior years. Thank you Bill and Diane

 

[JETX]

One thing you need to consider.... a large number of the Mexican timeshare properties are actually owned by companies here in the US. If this is the case, any action that they might take could be done domestically.

However, if they do NOT have a US presence and/or were to prosecute this case in Mexico, you would have little or no real concerns. There is no treaty, convention or other bilateral agreement between the United States and Mexico on enforcement of judgments.

You might be interested in the information at the Dept of State site:
http://travel.state.gov/mexicoja.html

 

[DEL]

timeshares

yes they do have a contact office in miami, that i also notified by certified mail of my canceling the contract in accordance with my 15 day extension, being that my 15 day separate extension refers to contract number 26-1-1390 i am within my rites to cancel with out further to do , rite ? and being that they have an office in the US, will I be heard by the courts before they lie to the courts and get a judgement on us and possibly could you also give your opinion on where all this in fact may take place . Thank you for your patience

 

[JETX]

No one can tell what someone else may, or may not do. From your post, it sounds like you have done what was needed, you cancelled your membership in accordance with the written procedures that both parties signed. I might also add that since both documents were provided by them (as I understand it), that in the event of ambiguity or contradiction, contract lay reads that it will be interpreted against the writer.

Sit back and don't worry about their actions. They will do what they can to try to force you to comply with their requests, you in turn have your position. If they contact you again and threaten legal action, tell them to go ahead. They will have to sue you in New York or in federal court to protect jurisdiction. I would be surprised if they take this any further than a few 'pay me' letters.

 

[DEL]

timeshares

thank you for your input and opinions i feel much better now, one more question tho, would the fact that this contract was signed as a trustee of an revocable living trust make it harder for them.