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Re: Help w/ Contract Language (by KC):

kimyn states / asks, quoted only in pertinent part:

> ...I still have not heard from my credit card or Profecco in regard to my request to have the contract to be cancelled. Eventhough the resort sent me a revised Certificate, I still want to cancel it because of their lousy customer service. << =====================================

Review of your initial post indicates that this purchase contract was originally executed sometime in July. Accordingly, in late September (i.e., two months later) you are long past the time window for exercising any "right of rescission" (contract cancellation). The right of rescission would have to have been exercised in writing directly with the seller (i.e. separate from and completely unrelated to any credit card charge issue). Right of rescission time limits are determined by individual state laws in the U.S. and generally range from 3 days to 10 days. I have no idea what Mexican "law" (such as it is....) says, but it's almost certainly no longer than 15 days. Waiving your right of rescission is (as you have noted) not a lawful option in the U.S., but you are not protected by the terms of U.S. law in a Mexican timeshare purchase.

If you filed a credit card dispute in time (customary limit is 60 days), you may succeed in challenging that charge if you initiated the dispute in time (and in writing). However, even if you get the credit card charge removed you are still legally bound to the terms of the contract which you signed. Unless the seller voluntarily releases you from that contract (which is highly unlikely) you are signatory to a legally binding contract, with or without (and irrespective of) the credit card charge status. How energetic they would be in Mexico in initating foreclosure and/or damaging your credit rating if you simply walk away from the contractual obligation, I do not claim to know. Foreclosure is certainly a LAST resort anyhow and is certainly NOT what they WANT to do, since doing so just lets you "off the hook". They much prefer to have you remain legally obligated to pay those annual maintenance fee bills....

I don't deal with Mexican RTU timeshares, so I neither have nor want any personal experience with them, but my legal instincts say that most likely your only possible way out of the contract which you signed, with the rescission period long past, is a voluntary release from the contract by the seller, perhaps with the "encouragement" of Profeco. In my opinion, which you can choose to accept or ignore as you may see fit, your energies should be focused on trying to persuade Profeco to seek that voluntary contract release on your behalf from the seller. Whether or not they would do so with any genuine effort, in the absence of any outright fraud, I simply do not know, but you don't have a whole lot of other options (if any) to pursue here...... Good luck.