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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I bought a time share from sole vacation in 2007. 5wks 4

Customer Question

i bought a time share from sole vacation in 2007. 5wks for life 4 adult paid in full 28,000.
the next year i went down and they talked me into signing a new contract fr 10wks and 3adults and charge my credit card 4500.00. the next i went to the o ffice and canccel the new contract. i did it in writing and sent a register letter by mail before leaving. they told me that the money they charge to my card would go toward my maintance fee of 325.00 . yearly. when i called to make plans to come down they told me that they didn't cancel the contract and that i owed for the maintance fee. since then i try calling and trying to straighting out the problem the last time i talked to them in 2012 and still no answer. do i have any rights. xxxxxxxx xxxxxx xxxx-xxx-xxxxx gergia
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Yes, you do have rights. Yes, you did properly exercise your cancellation rights under Mexican timeshare laws. But unfortunately, you need to hire a Mexican Attorney (or a US Attorney that is also licensed in Mexico) in order to enforce these rights. (One option is to retain US Firm with international offices in Mexico).

See generally: http://www.ballardspahr.com/alertspublications/articles/~/media/files/articles/2009-10-01_regulationoftimeshareproductsinmexico.ashx

As with most matters, time is of the essence, and as it has already been almost 3 years, you will want to move promptly to ensure that you do not lose your ability to enforce these rights.

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