Legal Question in Real Estate Law in Mexico

Gettting out of timeshare purchase in Mexico

I purchased a timeshare in cabo san lucas Mexico and would like to get out of it. I put the inital down payment on VISA but have not paid it off. The contract gives me 30 days to cancel and to have an atty review it in the states but it says that I can only cancel because of ''illegalities'' - there was a 5 day cancellation period that has already passed that allowed cancellation for ''irregularities or illegalities''. The purchase date was April 14th, 2001. I have not paud the final payment yet.


Asked on 4/30/01, 11:37 pm

1 Answer from Attorneys
Romelio Hernandez HMH Legal

Re: Gettting out of timeshare purchase in Mexico

Timeshare agreements are generally hard to rescind because of their clauses and because law does not provide any relief unless, terms and conditions as stated in contract are not meet. I would suggest to you to try and find a nullity action or grounds for claiming nullity with an attorney. It is possible that something might come up due to false pretenses or undisclosed obligations, that's what we call here dolo (dolus). Maybe error in your consent due to the same reasons. You should nevertheless, have that contract reviewed by a Mexican attorney, maybe he can give you more insight. It is likely that governing law will be the one where the property is located, in this case, the law for the State of Baja California Sur.

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Answered on 6/18/01, 1:52 pm


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