Pueblo Bonito Sunset Beach, Cabo San Lucas — Illegal Waiver Signed & Premier Timehare Rental Mispresentation
Carey Lowe misrepresented to us in Oct. 2009 that we could rent out discounted Premier Pueblo Bonito Timeshares to others. The ability to rent Premier timeshares is forbidden by Premier's Terms & Conditions. The salesperson lied to us about this ability. A major part of our presentation was on the subject of an income opportunity of being able to rent out discounted Premier timeshares for a profit. All this information was buried in the back of a 33 page booklet that we received after the documents were signed. We were required to sign the Cardholder's Agreement which states " I realize and understand that the earnest money deposit that I have credited towards my purchase contract is non-cancelable and non- refundable." By requiring us to sign the Cardholder's Agreement and deliberately inducing confusion by not informing us of the five day cancellation period as required by Mexican law, our rights were violated per the Mexican Federal Consumer Protection Law. We were required to sign the Cardholder's Agreement, which is an illegal waiver. Article One and Article Thirty-Two of the Mexican Federal Consumer Protection Law protects consumers against such despicable tactics, therefore, our contract is null & void. Article 32 states the following: The information or publicity relative to goods or services that spread by any means or forms, will have to be truthful, verifiable and clear of texts, dialogues, sounds, images and other descriptions that induce or can induce error or confusion, by its inaccuracy. Therefore, the five days cancellation period was violated.
We received an e-mail from Carlos Barrera-members services stating the following: Please be advised that your purchase agreement has no provision for cancellation after 5 days as described on 12-C. To cancel your contract, please send a notarized letter stating your wish to cancel and acknowledge that under the terms & conditions of the contract the deposit is not refundable 5 days after purchase. I would also state to this individual that my contract has no provision for cancellation of the contract, yet they are willing to cancel because they know they are wrong.
We will pursue every avenue available to us and will not rest till our deposit is refunded. I will spend the rest of my day making complaints about this organization and expose them for what they truely represent - and perhaps help some one else avoid such a ruthless sales practices. I will also make a complaint to PROFECO and any other organization that is available to the consumer.
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