The 5-Day Cancellation Right for Mexico Timeshares (Articles 56 & 56-BIS)
Mexico's Federal Consumer Protection Law gives every timeshare buyer a five-business-day "cooling-off" period to cancel without penalty and without explanation. It is the single most powerful tool you have — and it cannot be taken away by any clause in your contract.
What Articles 56 and 56-BIS say
Article 56 establishes that, for contracts signed away from the supplier's normal place of business — which includes timeshare sales presentations at resorts — the consumer has the right to revoke their consent within five business days of signing, without responsibility and without penalty. Article 56-BIS reinforces the supplier's obligations around clear disclosure and the consumer's revocation right. Together they make the cooling-off period automatic and non-negotiable.
What qualifies
- Timeshare (tiempo compartido) contracts.
- Fractional ownership of vacation property.
- Right-to-use vacation membership contracts.
- "Vacation club" and points-based memberships sold at presentations.
What does NOT qualify
- Ordinary hotel stays and room bookings.
- Standard short-term vacation rentals.
- Completed services you have already fully consumed.
Exactly how to count the 5 business days
The window is measured in business days (días hábiles), not calendar days. That means:
- The count generally starts the day after you sign.
- Saturdays and Sundays are excluded.
- Mexican federal holidays are excluded (e.g., Jan 1, the first Monday of February, the third Monday of March, May 1, Sep 16, the third Monday of November, and Dec 25).
- The fifth business day is your final deadline to deliver notice.
What "proper notice" means legally
To cancel correctly, deliver written notice within the window. Best practice — and what we recommend in the letter — is to send it both ways:
- Certified mail with Return Receipt Requested to the developer's legal department. The postal receipt proves the date you gave notice — your single most important piece of evidence.
- Email to customer service, creating a second, timestamped record.
Keep copies of everything. Dated, documented notice within five business days is virtually impossible for a developer to defeat.
What happens if the developer refuses
If you gave timely notice and the developer still refuses to refund you, their refusal is itself a violation. Escalate:
- File a PROFECO complaint — the developer is legally obligated to attend the hearing.
- Start a credit-card chargeback if you paid by card (Regulation Z in the US; FCAC/card-network rules in Canada).
- Document every refusal in writing; it strengthens your case.