I sent a letter to rescind within 5 M-F business days. But the Villa Group agent is telling me that in Mexico, Saturdays and Sundays count as business days, so I was one day late (signed Tue, sent letter FedEx Monday).
He's offering to cancel the contract anyway, if we don't go after the deposit ($3,155). But if we want to go for the deposit, or fight his interpretation of "business days", then he says he'll go after the entire amount ($14,000) plus fight to keep us in the contract, and we'll have to go through courts in Mexico, which he says will mean three different hearings in Mexico (Cabo I think). Obviously, we can't afford to go through that process.
Should I just accept his offer to cancel, and eat the $3,155 deposit/down payment? We did sign a form that had a line about waiving the return of the deposit, I know lots of people say that waiver isn't legally valid in Mexico, but I can't go to court in Mexico on this.
So, do I have to just lose the deposit, or is the guy lying about the need for Mexico hearings?
In case it matters, I think we were mislead during the sales process in two ways:
1) told that there was only one exchange fee though Interval Int, even if we split the week 3/4 at different resorts, but II told me on the phone that there's a separate exchange fee for each resort, and
2) told we could easily rent our first week to cover the maintenance fees for two weeks, and only use the second week, but it's a summer contract and from what I can tell with Mexico summer temps (95), I doubt that we can regularly rent out in summer (they'd assign us a specific summer week at a specific resort, which sounds pretty iffy).
Thanks for any advice.
He's offering to cancel the contract anyway, if we don't go after the deposit ($3,155). But if we want to go for the deposit, or fight his interpretation of "business days", then he says he'll go after the entire amount ($14,000) plus fight to keep us in the contract, and we'll have to go through courts in Mexico, which he says will mean three different hearings in Mexico (Cabo I think). Obviously, we can't afford to go through that process.
Should I just accept his offer to cancel, and eat the $3,155 deposit/down payment? We did sign a form that had a line about waiving the return of the deposit, I know lots of people say that waiver isn't legally valid in Mexico, but I can't go to court in Mexico on this.
So, do I have to just lose the deposit, or is the guy lying about the need for Mexico hearings?
In case it matters, I think we were mislead during the sales process in two ways:
1) told that there was only one exchange fee though Interval Int, even if we split the week 3/4 at different resorts, but II told me on the phone that there's a separate exchange fee for each resort, and
2) told we could easily rent our first week to cover the maintenance fees for two weeks, and only use the second week, but it's a summer contract and from what I can tell with Mexico summer temps (95), I doubt that we can regularly rent out in summer (they'd assign us a specific summer week at a specific resort, which sounds pretty iffy).
Thanks for any advice.
