Timeshares in Mexico: the five-day right to cancel, and what to check before you sign

Timeshares are a large part of the lodging business in Mexico's resorts. Mexico's consumer protection agency, Profeco, defines a timeshare (tiempo compartido) as the sale of vacation stays at a fixed price plus an annual maintenance fee, to be used for a set number of years, usually through a membership. Ownership of the property is not transferred to the buyer. This guide sets out the rules Profeco applies, and the steps it recommends before and after you sign.

Where timeshares are concentrated

Profeco's 2012 study of the sector used figures from the exchange company RCI. By 2010 there were 445 developments in Mexico affiliated with an exchange company, mostly in Cancún, Puerto and Nuevo Vallarta and Los Cabos. In some resorts, timeshare units made up most of the lodging on offer:

These 2010 estimates are the latest in Profeco's study, which also found that nine beach destinations concentrated 86% of the country's timeshare offer.

What you might be buying

Profeco's study, citing the Mexican tourism developers' association AMDETUR, describes several formats:

• Fixed week and unit: the use of a specific unit in a set week each year, which the owner may rent, resell, exchange or donate
• Right to use: the developer keeps ownership, and the buyer may use the property for a set number of years, between 5 and 20, after which the rights return to the developer
• Vacation clubs or points programs: members buy points to spend on different unit sizes, seasons or lengths of stay at affiliated developments
• Floating time: no fixed week, so the owner must reserve in advance and may find no availability
• Split weeks, lock-off units that can be divided, and biennial ownership, used every other year

Exchange companies let owners use their interval at other developments, but Profeco notes that exchanges usually carry restrictions and may cost extra, so ask which companies, countries and destinations are covered and what they cost.

Before you sign

Profeco's advice to buyers, from its 2014 leaflet and 2019 guidance:

• Do not buy on impulse. Compare destinations, costs and services, visit the development and talk to current owners.
• Do not deal with companies that offer timeshares through social media, WhatsApp, email or phone.
• Check that the contract is registered with Profeco. A timeshare may be sold or pre-sold only if its contract is already registered, and Profeco's Buró Comercial shows each provider's complaints.
• Work out the total cost: ordinary, extraordinary and maintenance fees, exchange costs, interest, and the Costo Anual Total (CAT) of any financing. Fees usually rise every year, so ask whether the increase has a limit and make sure it is in the contract.
• Check that the company has insurance covering your safety and belongings, and damage to the property.
• Do not sign any clause that waives your right to cancel, and do not sign documents that are not written in Spanish.
• The provider cannot apply charges without your prior consent.

When you sign, the provider must give you in writing an original of the signed contract, the internal rules of the hotel or development, the certificates and promotions offered, the annual interest rates and total annual cost of any financing, and any annex that creates rights or obligations.

The five-day right to cancel

Profeco says you have five business days from signing to cancel a timeshare contract for any reason, without liability. In September 2026 it restated the general rule in article 56 of the federal consumer protection law (LFPC), which allows a buyer to withdraw consent without liability within five business days of delivery of the goods or signing of the contract.

Profeco's 2019 timeshare guidance says the cancellation notice must be delivered in person or by registered or certified mail, and that the provider then has 15 business days to return your money. Its September 2026 release, on cancellations generally, advises sending the request in writing or by email and keeping all evidence. Read the contract's cancellation clause, and keep proof of when and how you gave notice.

The official standard for timeshare contracts, NOM-029-SE-2021, published by the Economy Ministry in March 2022, sets out the same limits. Every contract must include a cancellation clause giving at least five business days, counted from the business day after signing, and the full initial payment must be refunded within 15 business days of the provider being notified, with 9% annual interest on any amount not returned in time. Under the standard, cancellation is made in writing at the place of sale or one of the provider's addresses named in the contract, or by the email address given in the contract, or by other means the law allows. If you cancel by certified or registered mail or courier, the date of posting counts as the date of cancellation.

If the resort cannot provide your stay

If the provider cannot provide the service for reasons attributable to it, Profeco says it must give you alternative lodging in the same destination, at a development of equal or higher category and quality. If that is not possible, it must cover the necessary, provable costs of travel from your place of origin to the development and back, within 15 calendar days at most. Profeco's 2014 leaflet adds a 20% indemnity where applicable. You are also entitled to the penalties set in the contract if the provider fails to comply.

How to complain

Profeco distinguishes between a complaint (queja), to obtain redress when a provider breaks its terms, and a report (denuncia), to stop a practice that breaks the law. A report can be anonymous, and a group of affected buyers can bring a collective action. The Teléfono del Consumidor is 55 5568 8722 or 800 468 8722.