Timeshare Fraud in Mexico

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Timeshares offer a convenient way to have a place to stay for a few days a year in a favorite vacation spot, however, there are some things to look out for before making a buying decision. Just as in any buying decision, it is good to make sure that the timeshare is being offered by a reputable, ethical, and financially secure company. A thorough investigation and due diligence are keys to assure that dubious representations by practiced salespersons are rooted out. Most fraudulent timeshare companies have a bad reputation and have left behind angry victims that have attempted to recuperate their payments from these companies in different ways.

Oftentimes, a timeshare client will attempt to cancel their contract once they discover that the sales agents will not make good on any of the many promises that they made during the sales process. To increase the likelihood of a good and fast result, a client should immediately consult with an experienced Mexican attorney before the sales agents have an opportunity to use any number of delay tactics, new fictitious side agreements, and the ability to squander the funds given to them in payment. Some of the strategies that are typically used may be as simple as a few well made phone calls and letter from the attorney or through the filing of effective complaints and a lawsuit against the company in the right court with the right legal theories. Recoveries for an amount above the initial payment amount and attorneys fees are a definite possibility.

Many clients who run into a problem like this may already have several timeshare contracts with reputable companies who do make good on their promises and that they are very pleased with. These clients also understand that a purchase of a timeshare can turn out to be a bad contract that requires legal action to recuperate their investment. Timeshare sales presentations are tailor made to thwart the scrutiny of even the most qualified accountants, attorneys and other intelligent professionals. Very often the paperwork is crafted by some of the best firms. This is why a client who is affected should similarly have an effective, professional attorney who is specialized in this area of practice in order to gain the best result.

"Why you should retain the services of a Dependable Mexican Lawyer"

Uranga & Asociados

www.urangayasociados.com

There are important pitfalls, beyond those normally confronted by a legal practitioner, that can easily be avoided in Real Estate transactions in Mexico through the use of a Mexican Lawyer. For example, the Ejido Property Pitfall, has had universal coverage in high profile cases where unscrupulous sellers in real estate transactions fail to disclose the encumbered nature of those types of properties. Ejidos basically are federal lands that were set aside for the benefit and use of peasant farmers to the exclusion of the general population. These properties can be used in the private domain only after undergoing a legal process of transformation so that they can be bought and sold freely. To those who do not adequately analyze the deed in depth along with other documents to a transaction, they can suffer significant investment losses. The study of real estate contracts also requires a special expertise and understanding of the relevant law and requirements to avoid unnecessary breaches.

A Mexican Lawyer can be instrumental when conducting business in Mexico. Carrying on business there may give rise to a choice of forum and choice of law issues when there is a breach of contract or accident. In Mexico, commercial contracts are governed by the federal code, but torts are governed by the separate civil codes of each state. However, because both Mexico and the United States have adopted as treaty law the United Nations Convention on Contracts for the International Sale of Goods, substantive contract law is essentially harmonized where the treaty is applicable. Mexican tort law, in contrast to contract law, is very different from U.S. tort law. Choice of forum and choice of law issues are often complex and this is where a Mexican Lawyer can be an important ally.

Because of recent litigation, many practitioners are rethinking how they deliver their products to a Mexican market or how they go about manufacturing products in Mexico. Here again, a qualified Mexican Lawyer can provide important insight because accidents can happen, disagreements do occur, and preventive measures are constantly changing.

Tourist projects are especially exposed to potential legal problems. A tourist area can afford important investment opportunities when you consider that tourism represented an 80 billion dollar market in Mexico last year, but this also attracts some unscroupulous product and service providers that an investor needs to get a good project off the ground. A Mexican Attorney has a good handle on what types of relationships should be forged to attain a desired result that conforms to time and quality measures.

The foreign retirement community has grown in Mexico in recent years, and before undertaking this agreeable pursuit, it is not a bad idea to have a competent Mexican Attorney review the important steps necessary to set up this retirement plan.

Immigration in Mexico has important similarities and differences that should also be explored with a qualified professional to forgoe delays, denials and/or unnecessary cost.

In sum, whatever you endeavor to do in Mexico, it is a good idea to have a Mexican Lawyer as part of your team to give you important information so that you can then make the best choices.

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