Living in Los Cabos: Going To Profeco, Part 3 Is Not The End

Sigh. Today was the big day, my hearing at Profeco. Just a quick catch-up: Profeco is the government consumer rights agency in Mexico. I’ve got a beef with Carlos Slim’s cell phone company, TelCel, and went to Profeco to get satisfaction. I blogged about it before, and so far I’m happy with the experience, but a little frustrated that it’s dragging on. The first hearing date TelCel didn’t show up because they hadn’t been served notice due to a local staff shortage in the Profeco offices. Today was the rescheduled date, supposedly a decision would be made.

What no one told us was that TelCel’s lawyer would be on the phone, not a company representative and not with the ability to bind the company to any mediation. So it ended up just he said/she said, and we’re scheduled for yet another hearing in July. Rats! But, never one to waste an experience, I learned a few things to share on the blog.

Two of the many Profeco free brochures on the rack were “Take your time when buying a timeshare” and “Tiempos compartidos ¿Son para usted?” The same brochure but with different images and obviously two different languages. I brought a few copies to bring back to the office for the very unpleasant occasion when someone drops in wanting us to sell their timeshare. We can’t, even if we wanted to. Why? Because time share is not real estate; no title transfers and the buyer is just buying the right to use a property for a specific amount of time. It will be nice to have a pamphlet to hand to the folks.

Something very important is that the buyer has the right to change their mind. From the date you sign the contract you have five days to cancel it. You must notify the other party by email and certified mail. Then they have fifteen business days to refund your money without any cancellation penalty. If they refuse, or argue, the buyer can contact Profecto by emailing extranjeros@profeco.gob.mx and provide a copy of the contract, a brief description of the problem and a copy of your government ID.

Also I learned that you are not obligated to sign a contract in Spanish without an official translation or consultation with a certified translator. And, that all time-share contracts must have a Profeco registration number.

Now mind you, I have nothing against timeshare. I wouldn’t be living in paradise if it weren’t for Bob & I coming here on a timeshare exchange. I just prefer it when consumers know their rights.

So that’s part 3 of my Profeco saga, let’s see what happens next….

Carol Billups is Broker/Owner of REALTY EXECUTIVES Los Cabos. A Certified Home Marketing Specialist, she has enjoyed working with both buyers and sellers for over ten years and still thinks hers is the best job on earth. She is also the real estate columnist for Los Cabos Magazine and Chairman of the AMPI Los Cabos Board of Realtors. You can read more of her articles on www.reloscabos.com. You can reach her from the U.S. or Canada at 1-760-481-7694, or in Cabo at 044-624-147-7541.

© 2011 Carol S. Billups