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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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We have an offer to sell our time share with The Grand Mayan

Customer Question

We have an offer to sell our time share with The Grand Mayan Resorts in Mexico by Infinity Real Estate in Chicago at a very good price. They are representing a business client in Mexico. They sent us a contract which our accountant and lawyer told us is a standard contract for the USA. However, she cautioned us to seek an attorney also familiar with Mexican law, which she is not. Do you have any lawyers familiar with Mexican real estate law in terms of American citizens selling their time share in Mexico??
JA: OK. The Lawyer will need to help you with this.
Customer: OK
JA: Have you talked to a lawyer yet?
Customer: Yes, but she is not familiar with Mexican real estate law
JA: What advice did they give you?
Customer: Find a lawyer familiar with Mexican real estate law.
JA: Anything else you think the lawyer should know?
Customer: We were sent a document showing that the amount of money offered to us was in an escrow account with Banamex.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Legal
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Are they asking you to pay any money up front? They often claim it's for a Mexican VAT type tax.

Also, is there a specific question with which I could assist?

Customer: replied 3 months ago.
They are asking for $6500 for a RFC tax payer ID from Mexico, so that we will not have to pay capitol gains taxes in both Mexico and the USA. That amount is included in the escrow account with Banamex and in the contract, it would be reimbursed to us at closing.
Expert:  Dwayne B. replied 3 months ago.

You didn't give me your question but I'm going to go ahead and insert the info below and then you can ask any follow ups that you want to.

This is almost certainly a scam. We get four or five questions like this a week, at a minimum. Unfortunately, most of those are from people who have already sent the money. The reason I asked about the money in advance is that this is the first sign it's a scam. While Mexico does have a capital gains tax, it only applies to limited thing. Real estate is one of them but timeshares are not.

In addition, you are usually contacted by email. I'm no sure if that happened in your case or not, but it is generally what happens. It can also be by a "cold call" on the telephone, usually through a VOIP number.

Here is a webpage dedicated to scammers using the same, or nearly the same, scheme that they're using on you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Expert:  Dwayne B. replied 3 months ago.

Also, if you read this you will find several other people with the same complaint: