Public Mediation

Grand Solmar Resort and Spa, Cabo San Lucas, Mexico-Dispute-#2496344

J. G. vs. Grand Solmar Resort And Spa, Cabo San Lucas, Mexico
Ave Solmar #1, Cabo San Lucas, CP 23410, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 2496344
    • Amount Involved: 10,240.00
    • Filed On: Jun 28, 2012
    • Posted On: Jul 09, 2012
    • Complaint(s):
      • Bad business practices
      • Contract / Agreement / Promise dispute
      • "I just feel ripped off."
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Statement of Claim
Claimant says:
"On Jan. 7, 2012 my wife and I arrived in Cabo San Lucas. At the airport National Car rental, a woman who claimed she was affiliated with the car rental agency offered to give us $180 if we attended a promotional meeting at the resort she represented. She took a payment of $40 that she said would be returned at the meeting on the morning of Jan. 9. We were to meet her outside the Grand Palmar, where we were staying. When we arrived at the meeting place, another person who claimed to be associated with her told us to follow him in our car. He guided us to the Grand Solmar, where we were met by Marcel, a representative of the Grand Solmar Resort and Spa, who took us to breakfast and then took us on a tour of the resort that was selling timeshares at the resort. We explained to Marcel and Mr. Rick O'Brian, who was conducting the sale of timeshares at the Grand Solmar, that we already had a timeshare in Princeville, Kauai, but the maintenance fees were very expensive (~$2600 per year). After 4 hours of discussions Rick Obrian offered to sell our Kauai time share at $20,000 to $30,000 that would go to us if we purchased a time share from the Grand Solmar for $19,290. The yearly fees at the Grand Solmar were about $700. We had to pay $10,240 up front and sign an agreement on the spot (no opportunity to read the terms or consider it in detail when we returned to our hotel) to finance the remaining $9,050 interest free over the remainder of the year. When we returned home to Philadelphia, we were contacted by a transfer company to transfer our ownership documents for our Kauai timeshare. This company was acting on behalf of the Grand Solmar. We inquired about the sale of our Kauai property that Mr. Obrian had promised to mediate on behalf of the Grand Solmar. We were notified by the caller that they were only a transfer company and had no capability of selling our property. They had been contracted by the Grand Solmar to simply take possession of our property in Kauai. It was now obvious that the Grand Solmar had no intention of selling our timeshare on our behalf and only intended to write off our Kauai property as a business loss to themselves. This was in clear violation to our agreement with Mr. O'Brian and the Grand Solmar. Clearly the entire transaction was a fraud, and we demanded our money back. There was no mention of the agreement to sell the Kauai property in the papers we had signed at the Grand Solmar. The entire transaction had been conducted under pressure during the 4 hr interview that was to have lasted only 2 hrs. They had served liquor and had generally used high pressure tactics to extract an agreement under the false pretense that they would sell our Kauai timeshare. With the aid of our attorney, we subsequently notified the Grand Solmar that the agreement was null and void and represented gross misrepresentation of what they would do in return for our payments. We have not heard from them since we sent in our notice canceling the agreement and asking for return of the $10,240 we had paid. The entire transaction was clearly a scam."
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Additional Communication Between Claimant and Grand Solmar Resort And Spa, Cabo San Lucas, Mexico Hide
  • Jul 23, 2012, () added:
  • Due to confidentiality we will contact our owner directly to address his concerns.
    Cordially,
    Social Media - Members Services

  • Jul 23, 2012, () added:
  • Due to confidentiality we will contact you directly to address your concerns.
    Cordially,
    Social Media - Members Services

  • Jul 23, 2012, Claiming party added:
  • We have been contacted by a representative of the Grand Solmar, but no satisfactory offer to resolve the problem was offered by them. They simply want more money but are not willing to fulfill the promises they made to sell our property on Kauai at the price that was agreed upon.

What Claimant Wants Hide
1. Refund: Downpayment for time share Jul 13, 2012 $10,240.00
2. Other – Copy claim to regulators Jul 13, 2012 $14.95
3. Other – Pay for claim posting cost Jul 13, 2012 $7.95
4. Other – Physical delivery charges Jul 13, 2012 $2.99
Cash total : $10,265.89
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer


There has been no response to this claim from Grand Solmar Resort and Spa, Cabo San Lucas, Mexico. This claim will remain posted until resolved
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