Buy At Your Own Risk: Boutique Resort La Jolla, Mazatlan, Mexico!

Scammed of $6175.00 By Boutique Resort La Jolla Mazatlan Mexico!


On December 17, 2007 we signed a contract with Boutique Resort La Jolla, Mazatalan for 27,500 fractional ownership points. We had an addendum to the contract which made the purchase of the fractional ownership points, contingent upon the sale of our previously owned timeshare in Virginia Beach, VA. The merchant had to sell our VA beach timeshare in six months,or no later than June 17, 2008.

We signed a waiver for the 5-day cooling off period, which we found out later was illegal by Mexican law. The merchant required us to make an earnest money down payment of 50% of the purchase price, with a new application for a Bank of America credit card.

The merchant's bank, Santander Serfin, processed the credit card purchase. Bank of America purchased 24.9% of Grupo Santander Serfin in March, 2003. Making the merchant's bank and Bank of America partners. The merchant sent me an email on December 27, 2007 stating, "that the state law in Virginia Beach complicates things for us a little." I knew then that we were scammed. I notified Bank of America, and they said that I had to make the 1% interest payments on the credit card pending the expiration of the contract on June 17, 2008.However, on March 31, 2008 I received a letter from Bank of America, crediting my payments and the entire credit card purchase. One June 10, 2008, I received another letter from Bank of America stating that they had received a letter from the merchant, and they were re-issuing the charges. The merchant failed to sell the VA timeshare, and we canceled the contract as per our option, that was written and signed by the merchant. We submitted the contract cancelation both by US certified mail and email to Boutique Resort La Jolla on June, 17, 2008. Bank of America refused to credit my credit card, and Boutique Resort La Jolla refused to honor the contract. Boutique Resort La Jolla sent us an email on July 21,2008 admitting,"first of all, you are obviously right, in not being delivered what was promised."

So, even with a signed confession, Bank of America

continued to refused to credit my credit card for the earnest money deposit.Bank of America states that Boutique Resort La Jolla will no longer respond to their inquiries. My Bank of America credit card is a Mastercard. I visited the MasterCard wordlwide network website, and found that Bank of America has arbitration chargeback and other options at their disposal to seek a refund from their partner bank Santander Serfin. Boutique Resort La Jolla requested to be paid the remaining balance due on the fractional ownership points in the July 21, 2008 email. We had to hire an attorney to reinforce our contract cancellation with the merchant. We had to pay the Bank of America credit card charges, or risk being reported to the credit bureaus. We thought that having a written contract would protect our rights. I have submitted PROFECO complaints both directly to the PROFECO office in Mexico City, as well as through the US embassy in Mexico. I have reported Bank of America to the Office of the Comptroller of the Currency, Better Business Bureau of Maryland and Delaware. I have written my Congressman, the Better Business Bureau of Delaware, the Attorney General Offices of Maryland and Delaware. I have been doing my research on the issue of timeshare scams in Mexico, and have found that tens of millions of America dollars are being exploited each year. I plan to exhaust every option at my disposal to obtain a refund of my earnest money down payment. So, just a reminder, to all vacationers, it's not just the timeshare salesmen to be wary of, also be wary of the banks that are in league with them. I believe that Bank of America is equally as guilty of timeshare fraud as is Boutique Resort La Jolla, Mazatlan, Mexico.

Yesterday, we received a letter from a man claiming to represent, Mr. Fernando Lobato,our Boutique Resort LaJolla, Mazatlan, Mexico salesman. The letter states that they are investigating the stories of my timeshare experience with Mr. Lobato, that I have posted on the worldwide web. This is the second notification of possible legal action, that we have received from Boutique Resort LaJolla. Americans are protected under the First Amendment to the Constitution for freedom of speech. My stories of our timeshare sales experience with Mr. Lobato, are documented clearly in Contract No. 417 with Addendum, that was signed by us and Mr. Lobato on December 17, 2007.

On June 17, 2008, Mr. Lobato breached Contract No. 417 with addendum, when he did not sell our previously owned timeshare, and he did not "reimburse all monies given up to that point." The contract stated that if he did not sell our timeshare by June 17, 2008, we could cancel the contract, and we would receive a refund of our earnest money downpayment of $6175.00. Mr. Lobato personally initiated and signed Contract No. 417 with addendum on December 17, 2007. On June 17, 2008 we notified Mr. Lobato by email and certified mail, that we were canceling the contract, and we wanted to receive a refund of our earnest downpayment of $6175.00. We had to hire an attorney to reinforce the cancellation of Contract No. 417 with Addendum, but still we have not received a refund of our earnest money down payment. It is really very simple, we abided by Contract No. 417 with Addendum, Mr. Lobato did not. This business transaction would have ended amicably on June 17, 2008, if we would have received a refund of our downpayment as written in Contract No. 417 with Addendum.

We are now the creditors and Mr. Lobato is now our debtor in the amount of $6175.00. I believe that contracts are legally binding instruments in both Mexico and the US.

Let The Buyer Beware!

I'm sorry to hear you had such an awful experience! I hope you are able to raise awareness and sort things out eventually.

Profeco notified me that Boutique Resort La Jolla did not send a legal representative to the November 5, 2009 hearing, nor did they send a legal representative to the first hearing in February, 2009. I understand that when the resort does not send a legal representative to the hearing, that Profeco levies a fine upon the resort. I have been trying to find out how the fine schedule is determined. If anyone knows how the fine schedule is levied, I would greatly appreciate your sharing that information with me.

Boutique Resort La Jolla and I reached a settlement agreement. On December 16, 2009 I received one-half of my earnest money down payment from the resort. I agreed to remove one-half (11) of my internet posts from the websites.  I completed my part of the agreement on December 17, 2009.  Within the next 30 days, or by January 17, 2010, the resort is to reimburse the remaining one-half of my earnest money downpayment. Upon receipt of the refund, I agreed to remove the remaining one-half  (11) of my internet posts from the websites.  Hopefully, on January 17, 2010, this two-year long ordeal will come to a mutually agreed upon end.

I received final payment of my earnest money down payment from Boutique Resort La Jolla, Mazatlan Mexico on January 21, 2010.  Thanks to every one who offered me support during this two-year ordeal.
 
PJTSytms97

I went to Boutique Resort LaJolla Mazatlan Mexico on February 9, 2010.  I bought into their scam of them stating they would sell my timeshare for $15,000 and also had that many points available to use for future vacations.  There were also many addendums added for additional weeks and other promotions.  Right now I am still talking to Bank of America and LaJolla Resort.  I did send a cancellation letter to LaJolla on February 10, 2010, by email, fax and hand delivered it to them on February 11, 2010.  According to Mexican law I have 5 days to cancel this purchase.  So far LaJolla dose not agree to this 5 day cancellation.  Do I need to go back to Mazatlan and file something with the Profeco?  Please let me know any information you have that can help me resolve this problem.  Thank you.

Hi mpariseau:
You have up to one year after the purchase to file a consumer complaint against the resort with PROFECO. I have attached the following websites, that you may find helpful in filing your PROFECO complaint:
http://www.profeco.gob.mx/english.htm
http://www.everythingagave.com/vacations/profecohelp.html
http://www.loscabosguide.com/profeco.htm
Be sure to include the copies of the passports of each person who signed the sales contract in your PROFECO documents. I subscribed to SKYPE so that I could follow-up via telephone after my documents had been received. Your case will not be assiged a case number until all the submission criteria has been met. Once you have a been assigned a case number, then your case will move to the conciliation process. PROFECO schedules three hearings, and you will be notified, when each hearing is scheduled-you do not have to attend, PROFECO staff reresents you at no cost. It is important that you submit the contract and the addendums with yoour PROFECO packet. Be sure to state how this experience has affected you and your family, as well as, how this experience will or will not affect your future travel plans to Mexico. Keep in mind, PROFECO cannot force LaJolla to refund your money. Hopefully, La Jolla will contact you personally before that time, to begin negotiations. It is important to remain calm and respectful when discussing you consumer report claim with the PROFECO staff.

my retired mother and myself (disabled) went through the exact same thing i just read about with lajolla early feb this year! They scammed us, lied about selling our resort and stated that the selling of out resort for $12,000 would pay off both  what we owed on our resort and lajolla with no out of pocket monies.  What a SCAM  they are and I don't understand why Mexico government allows them to get away with this! Is there anyone out there that wants to join forces against Lajolla in Mazatlan?

please tell me how you got some of your money back from lajolla.  the exact same thing happened to us in feb this year!!!!!!!!!!!  we (my elderly mother and myself)  are devistated by their scam and still l have our resort they promised to sell payments, bank of america payments for down payment  and lajolla payments.  I am not well and this stress of their scam has almost put us in our grave!!!!!!!!!!  Anyone with information please help me  at deniseatthelake@aol.com