Hi, I have a vacation membership with Vida Vacations in Mexico. (I have a master suite at Mayan Palace with 50% off the cost of golf). Can you tell me if there is ANY chance of getting out of my contract and ideally recouping my investment thus far? Many thanks, XXXXX XXXXXXXX@XXXXXX.XXX41038.9236504977
State/Country relating to question: Mexico
I have tried renting my unit with no success in 6 months time. This vacation membership is only reasonable if I can rent some of my weeks (as I was told I would be able to do).
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.Can you please tell me:-is this a timeshare?-when did you purchase it?-what state are you in?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Hi,Thank you for your help. What I have is called a Vida Vacation Ownership (without a deed).I purchased it 7/31/11 in Mexico (in the Riviera Maya).This purchase involved the transfer of a Wyndham Vacation ownership (with deed) that is about to be transferred to Vida: Wyndham purchase: (8/22/10): $18,649 Vida (7/31/11): $8,771 Vida (9/28/11): $16,289 (Total paid: $43,709)Right now, it is time for me to provide the last information for the deed transfer to Vida.Both Wyndham and Vida provided misleading information about the value, costs, and savings.Thank you very much,Gail Arnold
Thank you. It sounds like a timeshare.Most states have some time for you to reconsider buying timeshares, but the longest is typically 10 days. If you have purchased this in 7/11, then it is not possible to simply statutorily rescind the sale.I am afraid that here, you are stuck. However, if they actively mislead you and the conditions and stipulations are not as the written contract describes (not verbal promises), then you may possibly void the sale in state court - but you'd need to file and prove that this is so.While the legal system tries to be inclusive of every possibility, sometimes people are morally wronged but have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
Thank you for your reply. One thing that isn't clear to me from your answer is if the possible voiding of the sale could be applied for this purchase, given that it was made in Mexico.Many thanks,Gail
My pleasure.What state are you in, Gail?
I live in NJ.Thanks,Gail
Gail,Under N.J. Court Rule 4:4-4, if the Plaintiff (you) lives in NJ, you may file in NJ. So NJ has jurisdiction even if the contract was signed in Mexico.Now, there is a possibility that that if they retain an NJ attorney, they can ask the Court to move the matter to Mexico under the doctrine of forum non conveniens (the forum is better in Mexico because more proof is there), but it is unlikely.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
Qualified attorney in private practice including business, family, criminal, and real estate issues.
Thanks very much!Best wishes,Gail
My pleasure and best of luck.
Thank you so much.
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