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To fight back outside of the 5 day cooling off period you need to understand some basic facts of life.  The first reality is to understand that much of the Mexican Government is corrupt.  At first glance, you would think that you still have rights under specific articles of Ley Federal de Protección al Consumidor, listed on our Your Rights page. If you have concrete evidence that the timeshare company violated your rights under an article, such as Article 32, your can try to file a formal complaint with PROFECO, the Mexican Consumer Protection Agency.  Your complaint must include documentation showing that the  seller violated specific articles of Ley Federal de Protección al Consumidor.  In some cases of these timeshare and vacation packages, this is can be done by comparing what you received versus what is clearly spelled out in the contract you signed.  Any formal complaint will need to be well written and documented.  You can see samples of successful complaints and a generic formal complaint on our Sample Complaint page.

It will be difficult to argue a claim that "the salesperson said this" because you have no proof and they will deny it.  Even if you have what you think is good evidence, you are going to encounter corrupt Mexican Government officials who will totally ignore out-right fraud on the part of the Mexican Timeshare company.  At one time there were some honest employees in PROFECO who were trying to make a difference, but as you can guess, these people were eventually replaced by corrupt individuals who were more willing to work on behalf of the timeshare companies.

When all else fails, there are two approaches left to you.  You can try to negotiate a reduction in your contract, or your can go to war against the timeshare company.   You need to remember that all of these timeshare and vacation package companies are businesses.  In the end they will do what is best for their business.  They are trying to make a profit and in the end you need to make it more profitable for them to refund your money.  If you can threaten their business and their image by telling enough people, they will refund your money to shut you up, because they always have a dozen more tourists/suckers on the next flight down to Mexico.

 

WHAT TO DO NOW - WHERE TO START TO FIGHT BACK

 

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Last modified: 08/16/08