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Richard
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Category: Business Law
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Experience:  32 years of experience practicing law and a businessman.
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California K executed in Ca. My husband and I joined Global

Customer Question

California
K executed in Ca.
My husband and I joined Global Exchange Vacation Club powered by RCI points. We paid 11,000 up front. Left on a trip. It became evident on tis trip that my husband would have a very difficult time traveling. (he had been Dx with brain cancer = GBM) we missed the 5 day window. Here are the pertinate dates
March 5th Presentation, signed K and paid $11,485.00
March 23rd Escrow closing statmet sent to us
April 16th we sent registered letter asking to rescind K

No reply from them. Spoke to individuals on phone and they said we could resell. We still have not received a "member number" from them which would allow us to utilize the web cite. We are humiliated that people in our position made this buy. Any chance that we could get the majority of our money back and walk away ?
Submitted: 4 years ago.
Category: Business Law
Expert:  Richard replied 4 years ago.

Good afternoon. This is much the same situation as a landlord tenant situation where even though the tenant may breach the agreement by terminating the lease, the landlord still has the legal responsibilty to mitigate its damages. In your situation, you have cancelled and requested a refund of your money. If the operator used reasonable efforts to resell the trip and could not resell this trip, and/or the operator used reasonable efforts to enable you to resell the trip and you could not re-sell it, then because you did not terminate the contract timely, you would not be entitled to a refund. BUT, here it seems the operator has not been responsive to you at all since you cancelled the contract with them...thereby not taking reasonable efforts itself to try to re-sell the trip and not allowing you to timely resell the trips...as a result, you have a reasonble change of recouping your money due to this failure to mitigate by the lender. I would send them a certified, return receipt requested letter explaining the history and what I have set forth above. Then demand that you be refunded your money within a short specified period of time or you will have no choice but to file a suit against them for the refund. If they do not timely comply, file your suit. It's not a slam dunk case, but you have a reasonable chance of prevailing and I think the sympathies of the jury will be on your side which is always hugely beneficial!

 

 

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