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

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

Boutique Resort La Jolla Mazatlan, Mexico $6175.00 Scam!

Paul,

I want to thank you for your response. I am very glad that you have been able to make lemonade out of lemons. My husband has had to reign me in a few times, this past year. I just get so angry! We should have investigated this business deal, thoroughly also. A lesson learned the hard way, for certain.

Your words will help me remain focused on the goal, which is reimbursement of my earnest money down payment. We received an email response from PROFECO today, our first consumer complaint hearing is scheduled for February 4, 2009. We do not have to be there, but strangely, we will be in Mazatlan, later in the month of Februrary, 2009.

Again,
Thanks for the words of wisom.
PJT

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

Recommendation for Boutique Resort La Jolla

We do not recommend, nor would we ever give a recommendation for Boutique Resort Lajolla. JOLLA, We have also been scammed by Boutique Resort La Jo Unfortunately, we paid in full so that we could receive pre construction incentives. Now, 11 months later, we are trying to collect on our incentives and current resort Management, Ed Chester, is telling us that they have decided not to honor their written contract agreement. Our contract was written up by their previous Sales Manager James Berkley. James Berkley is no longer with Boutique Resort La Jolla. I guess that means when the management changes, so do the contracts. We are going to Mazatlan this weekend to try and resolve this matter. We have made an appointment wit Ed Chester, and asked that he have all the owners, managers, etc., meet with us also. Ed Chester has already told us that Boutique Resort La Jolla has decided not to honor our contract. I don't know if this meeting will do any good, but we are confident that this matter will be resolved one way or another. If anyone wants us to relay a message to the resort, let us know. Our email is lajollascam@aol.com.

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

We got photos of our unit from our salesman today. Our unit is complete and will have guests in January, so we have not issues with them. We are looking forward to taking our grandson there.

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

Boutique Resort La Jolla, Mazatlan, Mexico $6175.00 Scam!

We decided to celebrate our anniversary on February 9, 2009 at our timeshare at Pueblo Bonito, Emerald Bay in Mazatlan. We walked along the beach near Boutique Resort La Jolla one day, and were very surprised by the amount of construction that has been completed since our visit on December 17, 2007,

when we signed Contract No. 417 with Addendum with Mr. Lobato.

I seem to remember that the model that was shown to us,at that time, was much larger in scale, than what has now been actually constructed. Since our resort is a neighboring property, fellow tourists would stop and ask me if I knew anything about Boutique Resort La Jolla. Needless, to say, I am not a walking advertisement for that particular resort. We will be neighbors of Boutique Resort LaJolla for the next 28 years, so it will be interesting to watch the progress. We love Mazatlan and our timeshare there.

It would be very helpful to Americans, if the US State Department would inform Americans who visit Mexico,that we have PROFECO as a resource, when we have consumer fraud issues, while on vacation in Mexico.

I hope that all you who purchased from this resort, are able to obtain the services that you paid for with your hard earned money. I checked in at the PROFECO office in Mazatlan, while we were there to check on the progress of my case against Boutique Resort LaJolla. The first of three PROFECO hearings was scheduled for February 4, 2009 in Mexico City.

The PROFECO staff informed me that my case is still in progress.

Good Luck to us all!

[bezerk Moderator Find all posts View Profile Close bezerk]

I wish you all luck, but I must tell you patience is key here and tranquility. Mexico moves very slowly, manana does not mean tomorrow it means anytime in the future.

Tranquility, it is not in the Mexican culture to rant and rave, calm discussion with facts is far better here.

Profeco is very good, but it takes time and fraud must be proven......

A class action suit well hope you have a lot of money, for it will drag on and on and in the end , odds are you wil not be the winners.

Getting a local newspaper or station in Mexico to go along with this, without Mexican connections, might be literally impossible. I hate to say it but they do not like to get involved.

I am sorry for your troubles and yes I think there should be recourse but Profeco is probably your only recourse.....the laws are quite different here, things move slowly here and well the whole perception of Americans is different. Give Profeco all the facts in a rational, professional manner and let them do their thing.....

If you are going to be in Mexico and pursue this I sugest you keep check on your temper....not a good thing to display anger, name calling etc. in Mexico....they still have tort laws on the books. I have no comments on the president of Mexico other than to say.....I think he will refer it to Profeco as well.....

Best Wishes and good luck.....Can you not even use your units? Extreme cution should be utilized in any timeshare purchase, especially in a foreign country.

We toured La Jolla, some time back and walked.....pre-construction in Mexico can be very tricky, you need to read those contract with a fine tooth comb...

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

Boutique Resort La Jolla has been working with us to resolve our complaint.

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

Thanks for the update. I looked at photos on their website last week and it said that Phase 1 is completed and they are starting Phase 2. Our unit is one of the villas that comprise Phase 1 and we will be going there for the month of June. Phase 2 is the timeshare units that will be in a tower.

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

Boutique Resort La Jolla, Mazatlan Mexico $6175 Scam!

Boutique Resort La Jolla has been working with us to resolve our complaint.

Congratulations LaJollacam. I hope that the resort continues to work successfully with you in resolving your issues. I remember that you had paid the resort in full when you signed the contract.

When I signed Contract No. 417 with Addendum on December 17, 2007 along with my salesman, Mr. Fernando Lobato, I gave my word to buy 27, 500 fractional ownership points, if Mr. Lobato sold our Virginia Beach timeshare for $12,000.00, by June 17, 2008. I paid the downpayment of $6175.00 as per contract agreement. I stood by my word. Mr. Lobato did not sell our Virginia Beach timeshare by June 17, 2008. The Addendum to the contract stated that, "Boutique Resort La Jolla would reimburse all monies given up to that point." Mr. Lobato signed Contract No. 417 with Addendum, and continues to refuse to refund the downpayment.

I am awaiting the results from my first PROFECO hearing,
against Boutique Resort La Jolla Mazatlan, Mexico,that took place on February 4, 2009.

Again, I wish you luck with Boutique Resort La Jolla. I could never do business with a resort that does not abide by their contracts.

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

I understand your postion, but we paid upfront and did not trade anything in. Our unit is finished and we are happy.

On another timeshare purchase, we were given credit for trade in for our Sheraton Buganvilias weeks as part of the purchase. Well, at that resort, the company they contracted with to sell our weeks did not take weeks with less than 10 years remaining and they gave us our weeks back. The resort did not ask for more money. They just told us that it was a win-win for everyone and we could keep or sell our Buganvilias weeks. We do not owe them any more money.

Maybe you should check with the LaJolla and see if you really owe them more money. Maybe you got a better deal than you thought you did!

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

Boutique Resort La Jolla, Mazatlan Mexico $6175 Scam!

On December 17, 2007, Mr. Fernando Lobato, drew up and signed Contract No. 417 with Addendum, to sell our deeded (lifetime ownership) timeshare in Virginia Beach, VA for $12,000.00. The addendum to the contract read, that if Mr. Lobato did not sell our VA Beach timeshare by June 17, 2008, Mr. Lobato would "reimburse all monies given up to that point," which was my deposit of $6175.00. On December 17, 2007, we agreed to purchase 27, 500 fractional ownership points from Mr. Lobato, contingent upon the sale of the VA Beach timeshare by June 17, 2008. Mr. Lobato did not sell the VA Beach timeshare by June 18, 2008. We cancelled Contract No. 417, with Addendum, which was an option written into the Addendum, that Mr. Lobato drew up for all of us to sign on December 17, 2007. The fractional ownership points with La Jolla cost $11,400.00 and our VA Beach timeshare appraised for $12,000.00. This business transaction would have been a win-win situation for all, if Mr. Lobato had not breached Contract No. 417 with Addendum on June 17, 2008. Consequently, we were forced to file a consumer complaint against Boutique Resort La Jolla with PROFECO in Mexico City. Contracts are legal documents in the US and in Mexico. If Mr. Lobato had either sold the VA Beach timeshare within the designated timeframe or simply reimbursed the deposit as per Contract No. 417 with Addendum stipulations, there would not have been a need to file a consumer complaint against the resort with PROFECO. Clearly, we are now the creditors in this business transaction, Boutique Resort La Jolla, Mazatlan Mexico are now our debtors.

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

Boutique Resort La Jolla, Mazatlan, Mexico $6175.00 Scam!

Boutique Resort LaJolla, Mazatlan, Mexico $6175.00 Scam!

In November, 2008 Boutique Resort La Jolla sent me an email requesting that I remove my story of being defrauded of $6175.00 by them from the internet. La Jolla, my debtors, asked that I post a new story, recanting my entire nightmare of a sales experience on the internet. The email also asked that I address the integrity of Mr. Lobato. If I agreed to the offer, the email said that they would return one-half of my down payment up front, in what they termed as, "in good faith." and the remainder would be returned, once my posts had been removed, I have satisfactorily recanted my story, and addressed Mr. Lobato's integrity. I refused my debtor's offer. On December 17, 2007, I signed Contract No. 417 with Addendum in good faith, and then was defrauded by Mr. Lobato on June 17, 2008. I do not the have words to address Mr. Lobato's integrity.

On November 11, 2008, I received an email response from La Jolla, my debtors, saying that they were going to initiate a law suit against me. I am still waiting to here from Boutique Resort La Jolla's attorneys. Americans are protected under the US Constitution for freedom of speech. Every word that I have posted describing my sales experience with La Jolla is the truth, and is very well documented.

When we were recently in Mazatlan, we were told that PROFECO takes time and patience. I am still hopeful of a just outcome. I believe that businesses like Boutique Resort La Jolla should be put out of business, or heavily fined by PROFECO, for their unscrupulous business practices.

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

Hi, I'm a newbie here. We bought 35,500 fractional points at La Jolla on Nov. 29, 2008 and paid the full amount ($7950.). Since the units won't be ready until sometime in 2010, how would I know if I had been defrauded? (My sister & her husband also bought)
PS I apologize if this is the wrong place to ask this...I didn't know what else to do.

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

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



I was defrauded, on December 17, 2007 out of $6175. I filed a consumer protection case against Fernando Lobato, our salesman and Boutique Resort La Jolla with PROFECO. My first case against the resort was held on Feb. 4, 2009 in Mexico City. I have not heard anything from PROFECO to date.
I feel very fortunate that I was only defrauded out of the down payment, and not the entire purchase price. I find it incredible, that resorts such as Boutique Resort La Jolla, can continue to do business as usual, without any consequences. We do not plan to visit Mexico in the near future, nor do we recommend Mexico as a vacation destination to friends or family now.

The US State Department should warn Americans about the risk of being defrauded by unscrupulous timeshare resorts, such as Boutique Resort La Jolla, Mazatlan, Mexico.

Good Luck,
PJT

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

Hi, I'm a newbie here. We bought 35,500 fractional points at La Jolla on Nov. 29, 2008 and paid the full amount ($7950.). Since the units won't be ready until sometime in 2010, how would I know if I had been defrauded? (My sister & her husband also bought)
PS I apologize if this is the wrong place to ask this...I didn't know what else to do.

We were were at the Boutique LaJolla earlier this month - June 1-11. We were delighted with our unit. (2nd floor or the building closest to the pool, pool bar and beach - over the model.) We were supposed to stay the entire month, but were the only people there and our 10-year-old grandson was getting bored with no other kids there. We bought the month of June in one of the Villas back in February 2008 and are totally happy with how our unit turned out - much nicer than the one we saw that had just been completed at the time. It even had a dishwasher and garbage disposer in each kitchenette (almost unheard of in Mexico timeshare units). We are looking forward to going again next year, but without the grandson. We will invite other adults who are looking for R&R instead of entertainment to join us for a week or so. We do want a couple of the weeks just to ourselves.

I do not know much about the points thing, so have no idea how much time you purchased. I assume it was a week. If so, that is less than a week at many Mexico resorts. Mayan Palace is asking more than twice that for 1 week.

I do know that there was nothing going on at the new tower that will have the points timeshare units when we were there. That might be my only concern if I were you. We bought when our unit was about 1/2 done. Once the tower units are done, I think you will read more positive reports from folks like me that really enjoy the resort.

We are happy with our purchase. We really like the small resort atmosphere.

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

Boutique Resort LaJolla Mazatlan Mexico, $6175.00 Scam!

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!