Beware of Boutique Resort La Jolla Mazatlan Mexico

[PJTSytms97]

We have reached a settlement agreement with the resort

[said]

We purchased the timeshare with La Jolla under the understanding that la jolla would find buyers for our two current timeshares at the agreed upon price of $5.00 within six months. At the end of that period when no buyer was found, I demanded reimbursement of the amount I had paid, $15.300 USD. They came back to me requesting another 6 months with the provision that I would be paid the $5.500 USD in equal monthly installments over a 6 month period. At the end of that time if no buyers were found, the Resort would take over ownership, and i would have no further obligation to those timeshares after September 10, 2008. They made the regular six-month payments and paid the $5, 500 in full. I gave them an additional week after September 10 to accept the transfer of ownership of the two timeshares since the sales manager I was dealing with, Ed Chester, was ill.

I sent them the paper work for the timeshare transfers to be signed and returned to me by September 17. The paper work was returned to me unsigned. I sent an email stating that, since I got the papers back unsigned and they obviously had no intention of going forward with the deal, to send me the balance of the money owed me $9, 800 USD. They ignored this and cut off further communication.

Earlier this year, the Resort sent me a bill for the maintenance fees for 2008 and 2009 by email. I responded that since he had voided our contract no monies were due. They responded that I was right and they were sorry for bothering me.

To think that I was going to utilize the service of Fernando Lobato, the sales manager who started this charade, to help me purchase a residence since my wife and I were planning to retire in Mexico, is laughable. It is good that I found out the type person he is and by reflection, the resort itself is, before I invested any additional monies. I have tried since the beginning of this deal to make it work because I was so totally convinced by Mr. Lobato that this was a good deal. Boy, was I wrong. The time and money I have spent money for legal forms, postage, phone calls, and shipping costs to Mexico dealing with the transfer of my current timeshares.

This situation has been the source of considerable aggravation and anxiety for almost two years now. Whereas previously my wife and I had seriously considered relocating to Mexico, we have no desire to visit there again at the moment. It's a shame that a Lobato and Resort La Jolla could make us feel this way. Since this incident happened in trying to find a resolution to getting my money back, I have found other individuals who have also been scammed by them. People like this should have any sales licenses they possess cancelled since they unfortunately represent to an extent the Mexican people.
I am going to dedicate myself to aware future travelers to Mazatlan and Mexico to be careful about going to timeshare presentations since we are not protected by the laws of Mexico or the US.

[PJTSytms97]

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!

[PJTSytms97]

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!

[PJTSytms97]

I recenty received an update, from PROFECO, regarding my consumer complaint against Boutique Resort LaJolla, Mazatlan Mexico. I was told that LaJolla did not send a legal representative to the February 4, 2009 hearing, nor did they send a legal representative to the November 5, 2009 hearing.
I understand that PROFECO levies fines on the resorts for non-compliance with the legal process. If anyone has any information regarding the fine schedule, I would greatly appreciate hearing from you. PROFECO informed me that the next scheduled hearing with LaJolla is schedule for January 10, 2010.

I would question, that if LaJolla defies Mexican Federal Law, with regard to a consumer's complaint, then what recourse, would an owner have, if they do not receive the services they contracted for?

[PJTSytms97]

I recenty received an update, from PROFECO, regarding my consumer complaint against Boutique Resort LaJolla, Mazatlan Mexico. I was told that LaJolla did not send a legal representative to the February 4, 2009 hearing, nor did they send a legal representative to the November 5, 2009 hearing.
I understand that PROFECO levies fines on the resorts for non-compliance with the legal process. If anyone has any information regarding the fine schedule, I would greatly appreciate hearing from you. PROFECO informed me that the next scheduled hearing with LaJolla is scheduled for January 10, 2010.

I would question, that if LaJolla defies Mexican Federal Law, with regard to a consumer's complaint, then what recourse, would an owner have, if they do not receive the services they contracted for?

[PJTSytms97]

Boutique Resort LaJolla, Mazatlan Mexico and I have reached a settlement agreement.

[DavefromWashingtonState]

Another warning to perspective Boutique Resort La Jolla, Mazatlan time share purchasers: DO NOT BUY. Based on my experience, you cannot trust that they will honor their written contract

In Dec, 2008, we purchased a contract for 4 weeks per year in a two bedroom unit for 50 years. A written addendum included the 4 weeks per year in a two bedroom unit for 50 years, as well as other valuable incentives to buy.

In Dec, 2009 when we contacted their office about not being able to make reservations for the 4 weeks, we were informed that they would not honor the addendums (even though the addendums were signed by the same person who signed the base contract).

Lajolla actually removed the original signed addendums from the contract and replaced them with a new one signed by Ed Chester, who we had not originally dealt with.

The contract they are honoring is limited to enough RCI points to cover about 1 week per year in a two bedroom unit during high season. My contract value has been reduced by about 90% by their refusal to honor the original addendums.

Also of concern, the phase 2 project (a five story complex) was supposed to be completed by July of 2009. They are still working on the first floor as of Dec, 2009.

Do not take chance on this time share. Based on my experience, they cannot be depended on to honor even their written contract, much less verbal commitments. There are a lot of better options out there without taking a risk on a company with their track record.

If you have purchased within the last 5 days, contact the local PROFECO (Mexican consumers protection agency). They are located down town close to the cathedral, and have forms that you can file to cancel the contract (regardless of what your contract says to the contrary). If you purchased more than 5 days ago, GOOD LUCK.

[ahathaway]

Similar to your story but ours was as recent as Dec 2009
We too were expecting to have La Jolla's agents sell one of our time shares inexchange for points that were usable in either RCI or HSI
with no membership fee's in either club. The sales pitch sounded like a dream and we committed to the sale. That very evening we thought better and did some research on this forum and others. We aproached the representative the next day to get an exact accounting of what our new "points" would garner on exchange. back pedalling and more promises were given but no concrete info.

We left the sales office at La Jolla and went straight to the Profecco office
in Mazatlan. They were polite and helpful. As we were within the 5 days
allowable by law to cancel the contract we filled out the papers and sent by registered mail the package.


The one month that they were allowed by Mexican Law to refund our money came and went with no answer from anybody in Mexico.

Our only savior in this mess was our credit card Company Capitol One
Canada. When we first relized we we taken we contacted Cap one to start the process of registering a Fraud. They put the info on our file at the time but we were told the merchant had not yet completed the funds transfer it had only been "preautthorized at this time the actual transcation was only 36 hours earlier. The merchant would have up to one month to finalize the transaction and Cap one could not do anything until this transaction was complete. Well 48 hours later the funds were finalized and we were out
$10,000.00.

Upon our return back to Canada. we Contacted Cap One again and they asked us to send them all the documentaion that we had.

One week from the day we sent the info we checked our statement and
ALL funds were returned to us including interest on the amount.


Profecco may yet get back to us but our Canadian credit card company came through.

We have certainly learned a lesson

happy travels


If it seems to good to be true ....IT IS

[kluckone]

Wel,well,well..Got scamed and lied to well boohoo on you..Ofcourse you probably paid to much in this T/S business..Then use it and quit crying about it and in all seriousness; you have to be able to pay for a vacation.. My wife and I went to Tahati and spent some 12K in two weeks there.. Now we figure after paying some 36K with Mayan Grand we have been to several 5 star resorts and the last one was St. Lucia in the Carribbean. If you don't take the yearly vacation and use you time then you made a bad deal. This T/S business is not a good investment as far as investments go but rather a chance to go and see places that you prpbably would never get to if you didn't make this foolish mistake.. Enjoy it while you can is the only way to look at this buyers remorse.... Happy trails......

[RetiredNLuvinit]

Will post after legal process is completed.

[ahathaway]

Originally Posted by ahathaway

Similar to your story but ours was as recent as Dec 2009
We too were expecting to have La Jolla's agents sell one of our time shares inexchange for points that were usable in either RCI or HSI
with no membership fee's in either club. The sales pitch sounded like a dream and we committed to the sale. That very evening we thought better and did some research on this forum and others. We aproached the representative the next day to get an exact accounting of what our new "points" would garner on exchange. back pedalling and more promises were given but no concrete info.

We left the sales office at La Jolla and went straight to the Profecco office
in Mazatlan. They were polite and helpful. As we were within the 5 days
allowable by law to cancel the contract we filled out the papers and sent by registered mail the package.


The one month that they were allowed by Mexican Law to refund our money came and went with no answer from anybody in Mexico.

Our only savior in this mess was our credit card Company Capitol One
Canada. When we first relized we we taken we contacted Cap one to start the process of registering a Fraud. They put the info on our file at the time but we were told the merchant had not yet completed the funds transfer it had only been "preautthorized at this time the actual transcation was only 36 hours earlier. The merchant would have up to one month to finalize the transaction and Cap one could not do anything until this transaction was complete. Well 48 hours later the funds were finalized and we were out
$10,000.00.

Upon our return back to Canada. we Contacted Cap One again and they asked us to send them all the documentaion that we had.

One week from the day we sent the info we checked our statement and
ALL funds were returned to us including interest on the amount.


Profecco may yet get back to us but our Canadian credit card company came through.

We have certainly learned a lesson

happy travels


If it seems to good to be true ....IT IS

La Jolla resubmitted or Credit card info and the it went through even though we were assured by Capitol one they would have to justify it before they would charge our account again. to make things worse even though we filed with Profeco on site in Mazatlan one day after the scam presentation. they sent us an email stating they are closing the case due to not receiving our responce to the case. We resubmitted by email scanned paerwork one week after our return to canada and have sent 5 emails to the Profeco office. the same paperwork again by registered mail and many phone calls that are only ever busy.

The resort has Never contacted us Profeco is ignoring us and we're out 10K

This is not a cosumer protection negotiation dispute Its out and out Theft.

They took our money 4 months ago and we have nothing to show for it

Any suggestions on our next move work be Very helpfull

Thanks