On August 12 we visited Grand Miramar Resort and Spa, owned by Disyga, S.A.De c.V. We toured the property and over the course of about 5 hours we were offered a preconstruction membership for a one-bedroom master suite. The membership is for 4 weeks usage per year at the resort.
During the course of our negotiations, the sales manager offered us financing through Bank of America Visa with an introductory rate of 2.99% for the first 7 monthly statements. This was the first of many very attractive features of the purchase but the most important was the “guaranteed buyout” of our timeshare at Hacienda Del Mar in Cabo San Lucas, MX for the written price of $24810. The sales person – an American named Jerry Forney made mention a few times that Bank of America’s presence proves legitimacy in the sale and that most of his customers take advantage of the low cost funding. I must admit that I was fooled with this key confidence builder – that Bank of America was offering financing.
Our assumption was that if the buyout did not occur within a few months, we could unwind the down payments we made through Bank of America for $24945.40..
So, at the time, we were made comfortable that if we had free and clear title, we could expect our buyout check in the mail within 30-60 days. I emailed the documents to Grand Miramar’s real estate broker – Highend-Rentals within 4 days of returning from our trip. I was reassured by phone calls and emails that all our paperwork had been submitted in perfect order and we could expect the $24810 as promised.
As the months went by, we did not receive our buyout and had heard nothing. We began to feel very uncomfortable and I wrote a demand letter requiring our buyout. After that I continued to receive phone calls and emails from Grand Miramar, that all was still OK. They again promised that we would be sure to receive our buyout any day soon.
On December 15, I received an email from a broker in Texas – Royal Sun Resort Resale that a corporate buyer was ready to go to escrow and that there were some fees that they were willing to pay. Those fees would be added to my sale price in order that we would net out our contracted amount. Only catch was that Royal Sun wanted me to pay the escrow fee upfront. Right then, we began to lose complete confidence and referred the matter to our attorney. His advice was never send any money in advance and research and demand to know the identity of the buyer. At that time, with an online search, I read complaints from Americans and Canadians that had claimed they were scammed by Disyga, S.A.De c.V. And Grand Miramar just as I am reporting to you above. It is at that time, we realized we too were scammed.
Bank of America knew or should have known that Grand Miramar Resort and Spa and Disyga, S.A.De c. V were fraudulently inducing customers to buy these timeshares and using their credit cards to fund down payments or paid in-full purchases of those properties.
Grand Miramar Resort and Spa and Disyga, S.A.De c. V have defaulted on our agreement.
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