Sunset Group/Royal Fishermen's S.A. DE C.V. timeshare fraud Playa Del Carmen, Cancun Quintana Roo, Mexico

On August 17, 2006 my husband and I were promised discount tickets to a nearby tourist attraction if we listened to a timeshare presentation. We were then presented an offer to purchase a timeshare in Mexico by Sunset Group at Fishermans Village in Riviera Maya. The timeshare we saw was beautiful and definitely desirable. The presentation was lengthy, taking several hours with multiple price drops and several different agents coming to speak with us. We were told how we could use it as an investment, how they would purchase it back if we ever wanted to sell it, and that our agent, Noe Seres, would make sure that we were satisfied with our purchase. We finally agreed to purchase the timeshare.

In addition to the contract was a set of pages titled Membership Verification Form, that had many items listed on it and a place for us to initial each. The agent led us very quickly through each item. One of the items stated that member may declare anticipated termination of this contract within the five business days of the business day following the signature hereof with the resulting reimbursement of the amounts paid, within a maximum 15 business day period which we then initialed. I thought that was good, and commented on it. We were then told by the representative that this clause did not apply to us, that recission was not possible. He said that because we were given a $7000 discount we had sold our right and would not be allowed a recission period. Also the female going over the forms was quickly moving through each of the items on the list while Noe was talking. She continued speaking and going through more line items. Noe said he would take us to see the other timeshare locations in Cancun. After several hours at the Sales Office we received a copy of the contract, and went back to our hotel.

When we discussed it and realized we shouldn't have given in to their temptations to buy the timeshare I emailed Noe. At that time I just wanted to explore the idea of cancelling the contract. He did not respond, and it was still in the time limit for the recission period. He never did respond. Because I had received no answer to my inquiries, I began to worry about whether or not Royal Fishermans S.A de C. V./Sunset Group was a legitimate business. I checked into timeshare information via the internet, and found out about Profeco, and the laws regarding recission periods. I realized that Sunset Group had not been honest with us regarding our rights for rescission. We had just now received the information packet, we had not received any benefit from the contract (which stated explicitely that no benefits could be received for 6 months after signing). I still did not receive any response from Sunset Fishermans S.A de C.V Sunset Group or the agent Noe Seres.

I sent a letter of recission, explaining the issue of fraud that we had discovered. We cancelled the purchase agreement and requesting a return of the funds we had initially paid. We emailed the letter, and sent a copy by certified U.S. mail. We filed a claim with our credit card company and cancelled the card number so they could not make subsequent withdrawals. (The credit card later told us that Sunset Group would not return the funds.)

We received phone calls from Rosalia de Silva, who said we could not cancel. Through out the conversation she would bring up different reasons: that we were past the recission period, that we had sent our mail to the wrong address (though it was the one listed in the packet they sent), and that we had sold our right to rescind. She then tried to get us to accept a smaller contract. Through out all these attempts I remained firm that I wanted our funds returned to us.

They did not return our funds, and we began to receive collection notices from Resort Management International. We filed a claim with Profeco in Mexico. As yet we still have not received a return of the funds or acknowlegement of the recission of the contract.

Sarah
Crystal, Minnesota
U.S.A.