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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
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Experience:  30 years of corporate, litigation and international law
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Is the practice of bait and switch, ie, being shown one thing

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Is the practice of bait and switch, ie, being shown one thing and sold another, grounds for terminating a contract. This involves a timeshare agreement.
Submitted: 3 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 3 years ago.
When did you realize that what was being offered was not what you purchased?
Customer: replied 3 years ago.

We returned to Hilton head on another trip two months later and learned that the apartments we had been shown in order to sell us on them have not been offered for sale but are for so called development weeks. The contract we signed simply gives a number of a unit which we had not been shown. These in no way resemble the unit we were shown and were told we had purchased and would be staying in.

Expert:  Richard - Bizlaw replied 3 years ago.

If the unit you purchased is not the unit you recieved you can terminate the contract and sue for fraud. I would make it clear that unless the contract was voided, your first call will be to the State Attorney General - fraud section.

 

If you get no satisfaction there, you can file a civil suit to rescind and to seek whatever damages you suffered.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 3 years ago.
In june 2010 we were vacationing with freinds on Hilton Head Island, SC. in a timeshare property we bought approximately eight years ago. We were approached by Coral Resorts, the company we dealt with to purchase that property, to "upgrade" our timeshare. We were shown a buliding two blocks from the ocean nearing completion, it appeared that landscaping was all to be done. We were shown an apartment which was very plush, granite counters, beautiful furniture and appointments etc. The difference was that ours was to be larger and with full balconies. We were in Hilton Head again last week and requested to see our new place as by now people are staying in the building we were shown. Then we learned that our contract had been made out for another set of buildings, which had we been shown we would not have considered buying as they are basically what we already owned and have been in use for a number of years. They were available for viewing at the time of the sales pitch but never mentioned. These apartments in no way resemble the place we were shown. This is not simply a clerical error as we were told by the manager and other personnel that the building we had been told we were buying into is reserved for developer weeks and not for sale. These places are quite plush so I assume they are reserved for some inner circle. The point is that I thought I bought a Lincoln and got a Kia. I was scammed, what can I do?
Expert:  Richard - Bizlaw replied 3 years ago.

This is not a mistake or a clerical error. Neither is it bait and switch which is where you lure someone in on a low price and then switch them to something else. The person switched knows they are not buying what they originally came in for. What you are is the victim of outright fraud. You can seek to rescind the purchase or if there are units still available, insist that you get what was represented that you purchased. Do not delay in taking one or more of the actions described in my answer now that you know what has occurred.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8678
Experience: 30 years of corporate, litigation and international law
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