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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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We need advice on how to get out of a timeshare agreement we

Customer Question

we need advice on how to get out of a timeshare agreement we signed in orlando, USA, recently. the cooling off period has expired but on returning home and our financial situation has changed plus we discovered more about these arrangements that we were not happy about. we have paid a deposit but have not paid the balance. Can we just not pay?
thank you
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.
Hi, unless you can argue that you were placed under immense pressure to sign.. undue influence... to void the contract... you are bound by the agreement... you can try to sell your timeshare in the second hand market... but I am afraid the news is not good... if you are unable to sell your timeshare... my experience is that they will chase you for any monies owing under the agreement. It might help you a little, being in Australia... but then again.. these are generally international companies.. and these are experts at enforcing their agreements. Did it involve finance? maybe they gave you finance when they should not have done so... and a complaint can be made.. against the financier.. How long ago did the cooling off period expire? how long after did you write to the resort's director asking to terminate? Kind regards, James
Customer: replied 1 year ago.
it involved finance. but what would the complaint be about?
we signed the contract on the 25th of june. we wrote to him on the 13th of july
Customer: replied 1 year ago.
what would be considered as immense pressure?
Expert:  Brisbane.Lawyer replied 1 year ago.
In my experience, the sales process for timeshare is high pressure and involves offering a one time only deal... available today only.. but you must sign before you leave (don't worry about the finance, we can handle that we have our own finance company), and if you do not accept the deal.. they offer you an even better deal... and if you refuse they offer you an even better deal... and invite more senior sales people to close the deal with you... the deal is so good you would be crazy not to sign... You CANNOT take the paperwork away to have a lawyer advise you regarding what you are signing... To counter this, they will say that is why there is a COOLING OFF period.. so that you can reconsider.. and if you are not happy terminate the deal... however, things happen, the COOLING OFF period is short, and if you are travelling, it may be only after this expires, that you get to find out what you have actually committed to.... When did you return to Australia from your holiday in the USA? With regard to the finance.. Banks and Finance companies legislation and codes of conduct that mean they should be responsible in their lending practices.. and not lend money to people who cannot afford it. In Australia there are complaint processes that can be instigated.. I assume similar avenues exist in the USA. Kind regards, James
Customer: replied 1 year ago.
we returned on the 4th of july to australia.
if i don't pay anything to them what is the worse that could happen??
can it affect my credit rating in australia? if i just cut all communications with them will i loose anything here in australia?
Expert:  Brisbane.Lawyer replied 1 year ago.
Be prepared for the timeshare company, or their Australian subsidiary (if they have one), or the finance company, or their Australian subsidiary (if they have one)... to follow through and chase you for all money owing under the agreement/s. If you fail to pay, and they obtain a Court Judgement against you, it will impact on your credit rating. Kind regards, James

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