Boutique Resort LaJolla, Mazatlan, Mexicio $6,175.00 Scam!

[pittle Senior Member Find all posts View Profile Close pittle]

We are happy with our purchase. We really like the small resort atmosphere. You can look at my pictures of it by clicking on the link below.

[pranas Senior Member Find all posts View Profile Close pranas]

I find this thread rather strange. OP was ripped o by a resort and is pdatimg us on his struggles But a few posters eem to be tryinb to contradict him with how wonderful the resort is. I am happy to read about your wonderdul experiences but am also thankful to hear the OP's warnings about ths paradise. Seemsyou are purposely try:confuseding to discredit theOP. Why?

[pittle Senior Member Find all posts View Profile Close pittle]

I am not trying to discredit the OP, but I do think readers should know that everyone who purchased at this resort was not "scammed" and has had the opportunity to use the resort. If they are full, they have made arrangements for owners to stay in other resorts nearby. Because of the economy, swine flu scare, and media reports about drugs & violence in Mexico, the resort is running behind on building the additional tower that will accommodate more guests. This place has potential and I do not want my investment ruined by someone who posts negative stories. Yes, the OP only complains about Mr. Lobato, but that gives exchangers and potential other purchasers the idea that this is not a place to visit. That is not true - it is a nice, quiet, small resort.

I also know that many resorts use the we will take your old timeshare in on trade tactic. That generally does not pan out. There is not much of a market for resales right now - just check eBay. Because of that, we were actually given our timeshare back at another resort last year.

I also have learned that when you purchase in another country, you are subject to their rules, regulations, and laws. It is difficult to deal with them from a long distance away and could become quite costly to hire an attorney to represent you. Everyone who purchases property in another country should be very cautious as this is a gamble on your part.

I think forums are great places to share experiences, but I would suggest that when OP wants to share information, she should be more careful with her posts so that she will not be subject to the lawsuits she has been threatened with. I learned a long time ago when you are upset and write something, you should save it to you computer and analyse and edit it the next day before you send it - whether snail mail or email. Once you send it, you cannot take it back.

[pranas Senior Member Find all posts View Profile Close pranas]

WOW, so much for compassion or emphathy. OP got taken but its his/her fault. And its also wrong to warn others. Very strange attitude in my opinion

[aliikai2 Super Moderator Find all posts View Profile Close aliikai2]

So, Pittle is wrong for telling her experiences

But the op is right? That seems very judgmental on your part. Are you saying that because someone doesn't get the deal they thought they should receive that nobody else can enjoy the resort???
Did the op get taken? Maybe, from her side it sure sounds like it, does that mean that the resort isn't any good, or that the entire world should no longer travel to Mexico as the op has posted that she is and telling all her friends and anyone that will listen to also not travel to an entire country because she was taken???

I once had a bad burger at McDonalds, it hasn't kept me from eating

jmho,

Greg

WOW, so much for compassion or emphathy. OP got taken but its his/her fault. And its also wrong to warn others. Very strange attitude in my opinion

[PJTSytms97 Junior Member Find all posts View Profile Close PJTSytms97]

Boutique Resort La Jolla, Mazatlan Mexico $6175 Scam!

Hi everyone,

I can relate to both sides of this issue. If I owned at Boutique Resort La Jolla, and had experienced a positive sales experience, I too, would try to market the resort to protect my financial investment. Mexico is having health and drug related violence, and most especially Sinaloa, is receiving a lot of negative press. These are very serious issues, and travelers cannot ignore them.

My sales experience with Mr. Lobato and Boutique Resort La Jolla was a negative one. My intent has never been to defame Boutique Resort LaJolla, or Mr. Lobato, our salesman. My intent has been to arm unsuspecting travelers, just like my husband and myself, or even the travel savy, with the knowledge that one can fall prey to time share fraud while on vacation. Everyone always thinks, that this can't happen to them, Right? Each one of my posts, has been the whole truth and nothing but the truth, I can assure you. That is why we are not concerned with any type of legal recourse against us. If anyone cares to review Contract No. 417 with Addendum, I would be happy to share it with you. The document will show the indebtness owed to us by Mr. Lobato and Boutique Resort La Jolla.

We own two international timeshares, one is in Mazatlan-Pueblo Bonito at Emerald Bay. So, we like many others who have responded to this thread, are financially invested in Mexico for the next 27 years. We do, indeed love the country, but this experience has been devastating for both me and my husband. This entire experience has shown me that, as foreigners, our rights are very limited, if problems should arise. Even, with the assistance of PROFECO, the Consumer Protection Agency for the Federal Government of Mexico, has its limitation, as they cannot force Boutique Resort LaJolla or Mr. Lobato to abide by Contract No. 417 with Addendum. I have read that a contract that was written in English is not legally enforceable in Mexico. So again, we are at the mercy of the country's laws. This was a very expensive lesson for us to learn, but believe me, learning has occurred!

I truly hope that all who have invested in this resort, receive the services that they are entitled to receive.


Regards,
PJT

P.S.
Pittle, your grandson is really cute.

[pittle Senior Member Find all posts View Profile Close pittle]

Pittle, your grandson is really cute.

Thank you - we think so.

The above post was nicely written and is the type that will not cause Mr. Lobato to take action against you. You stated your issues in a very calm and succinct manner. I wish you luck on resolution.

[valnfred Junior Member Find all posts View Profile Close valnfred]

I am not trying to discredit the OP, but I do think readers should know that everyone who purchased at this resort was not "scammed" and has had the opportunity to use the resort. If they are full, they have made arrangements for owners to stay in other resorts nearby. Because of the economy, swine flu scare, and media reports about drugs & violence in Mexico, the resort is running behind on building the additional tower that will accommodate more guests. This place has potential and I do not want my investment ruined by someone who posts negative stories. Yes, the OP only complains about Mr. Lobato, but that gives exchangers and potential other purchasers the idea that this is not a place to visit. That is not true - it is a nice, quiet, small resort.

I also know that many resorts use the we will take your old timeshare in on trade tactic. That generally does not pan out. There is not much of a market for resales right now - just check eBay. Because of that, we were actually given our timeshare back at another resort last year.

I also have learned that when you purchase in another country, you are subject to their rules, regulations, and laws. It is difficult to deal with them from a long distance away and could become quite costly to hire an attorney to represent you. Everyone who purchases property in another country should be very cautious as this is a gamble on your part.

I think forums are great places to share experiences, but I would suggest that when OP wants to share information, she should be more careful with her posts so that she will not be subject to the lawsuits she has been threatened with. I learned a long time ago when you are upset and write something, you should save it to you computer and analyse and edit it the next day before you send it - whether snail mail or email. Once you send it, you cannot take it back.

Question: Has the new tower that will accommodate more guests even been started?

[pittle Senior Member Find all posts View Profile Close pittle]

Question: Has the new tower that will accommodate more guests even been started?

Yes, but it is going very slowly. No one was working in June - they had all the footings poured and a lot of rebar and some support posts. I read on another post somewhere that they had recently started working again but the completion date is late 2010. If they would keep crews working continuously, I think they could be done by then, but if they start and stop, it will take a while.

If they had the money that the RIU has, it would be done. RIU built a brand new 25+ story hotel in about 9-10 months! Of course then it would not be a timeshare or would cost so much that none of us would buy.

[Fern Senior Member Find all posts View Profile Close Fern]

Phyllis,
You hit on the problem exactly. Most all timeshares are built with cash, not with loans as they are in the US. Therefore the construction is not always constant, but stops and starts.

Fern

[PJTSytms97 Junior Member Find all posts View Profile Close PJTSytms97]

Boutique Resort LaJolla Mazatlan Mexico $6175 Scam!

The above post was nicely written and is the type that will not cause Mr. Lobato to take action against you. You stated your issues in a very calm and succinct manner. I wish you luck on resolution.[/QUOTE]

Hi Pittle,

There is one very important reason why I can now put this entire experience into a more emotionally healthy perspective. After June 17, 2008, we knew that Mr. Lobato had breached Contract No. 417 with Addendum. We waited to see if Bank of America had received a credit in the amount of $6175.00, the earnest money deposit, which Mr. Lobato agreed to refund to us in the Addendum to Contract No. 417. When we did not receive the credit, we then retained an attorney. On July 21, 2008, Mr. Lobato sent us an email stating, "I have checked in detail your case and have realized the following, first of all you are obviously right in not being delivered what was promised..." As to the Addendum to Contract No. 417, which states that, he "will reimburse all monies up to that point," if he does not sell our previously owned time share, Mr. Lobato stated in the July 21, 2008 email, "I’m well aware of the addendum which I personally signed..." I shared Mr. Lobato's email with our attorney, who then wrote Mr. Lobato a letter of demand, requesting that he abide by the contract and refund the earnest money downpayment, the letter was sent on July 22, 2008.

So, even though Mr. Lobato agrees that we have, "not been delivered what was promised..." we still have not received our refund. Our attorney tells us that this is a classic case of breach of contract, which legally places us in a very positive position, if an action is levied against us. My posts are not actionable simply, because my allegations are true, and factually documented in Contract No. 417 with Addendum. However, being right, has not netted us a refund.

Sadly, this entire incident could have been so easily handled, as far back as December 27, 2007, when Mr. Lobato sent me an email stating, "The state law seems to complicate things for us a little..." Mr. Lobato agreed in Contract No. 417 with Addendum, to sell our Virginia timeshare by June 17, 2008. I believe that Mr. Lobato knew on December 27, 2007 just 10 days after we signed Contract No. 417 with Addendum, that he was going to have a problem in selling our previously owned time share. Why did he not suggest canceling Contract No. 417 with Addendum then?

Lastly, I think that I can now move on, because I know that I have done my best to obtain a just resolution. I also have met some other time share fraud victims over the past year, which made coping with these issues much easier. I am no longer a timeshare fraud victim, as I was in 2008. I can now view myself as a time share fraud survivor.

Good luck with your investment.
PJT

[PJTSytms97 Junior Member Find all posts View Profile Close PJTSytms97]

Boutique Resort La Jolla, Mazatlan Mexico $6175 Scam!

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 Junior Member Find all posts View Profile Close PJTSytms97]

Boutique Resort La Jolla Mazatlan Mexico

Boutique Resort La Jolla and I reached a settlement agreement in December, 2009. I received one-half of my earnest money down payment in December, 2009 and the final one-half in January 2010. Therefore, I have received the entire earnest money downpayment in the amount of $6175.00.

Thank you, to all those who offered their support during this two-year dispute. I have asked that my posts be removed as a part of the settlement agreement.

PJTSytms97

[rkg Junior Member Find all posts View Profile Close rkg]

Congratulations vs LaJolla

Thank you so much for sharing the steps you had to take in order to have LaJolla "developers" return your money. Your suggestions have been very helpful to others, like my husband and myself, who are attempting to resolve a claims dispute, via Bank of America, with LaJolla. We have also opened a case with PROFECO, as a back up, should B of A prove fruitless.
In our case, we were to have a bridge loan that would go into effect after the sale, by them, of our existing timeshares. We cancelled, in person, the day after our purchase as per the five day grace period offered by Article 56 of the Consumer Protection Law of Mexico. The sales manager at LaJolla cancelled our contract and signed an agreement we prepared listing all the components of the sale that were "negated" by the cancellation of the contract. Asked to come back a third day, we were told by the developer's assistant that we would need to give him even more money should we wish to expedite the conclusion of the contract that had been cancelled the previous day. He also told us "There is no such thing as a bridge loan. My salesmen just use that term to get you to buy." We did not give him any more money. Several weeks later. after receiving no refund, we again contacted LaJolla. At this point the amount we would need to give them to cancel the loan we had already cancelled was in the thousands. We did not give him any more money - and so, our battle and our wait, begins.

That you did not give up - but looked at every potetntial avenue of support - has been a great motivator. We have taken many of the same avenues you suggested. Congratulations on winning an incredible battle.

[donnie Junior Member Find all posts View Profile Close donnie]

contact numbers for Boutique resort La Lolla

I have been reading the stories about people getting scammed at Boutique Resort La Jolla and I wanted to get a contact number for someone other than Francisco. Can anyone help me?