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HI WE DIDNT SIGN A CONTRACT FOR TIMESHARE BUT WE DID SIGN A

 
Tina's Avatar
  • Answered by:Tina
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Customer Question

HI WE DIDNT SIGN A CONTRACT FOR TIMESHARE BUT WE DID SIGN A FORM FOR A FREEZE IN WHICH HOLDS THE OFFER AS IS FOR 18 MONTHS BUT WITHIN THIS TIME WE ARE STILL GOIN TO PAY A SMALL MONTHLY FEE IN WHICH GIVES US POINTS TO USE TIL THEN. WE REALIZED THAT THIS JUST ISNT FOR US SO HOW DO WE GO BOUT CANCELING

 

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Country relating to Question: United States

Submitted: 275 days and 7 hours ago.
Category: Consumer Protection Law
Value: $40
Status: CLOSED
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Expert:  Tina replied 275 days and 7 hours ago.

Hello and welcome,

How long ago did you enter into the agreement?

Does it provide for a right to terminate it?

In which state was the contract entered into?

Customer replied 275 days and 7 hours ago.

WE SIGNED FRIDAY 07-06-12...THAT IM NOT SURE I DO KNOW SHE SAID THAT IF IN THE END WE DIDNT WANT IT THEN WE DIDNT HAVE TO WORRY BOUT NETHING OR IF WE DECIDED WE WANTED BEFORE THE 18 MONTHS WAS UP JUST COME BY AND GO FROM THERE.....FLORIDA

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Expert:  Tina replied 275 days and 7 hours ago.

I see.

I would send written notice to them by fax/e-mail and follow-up by certified mail today or tomorrow in order to properly exercise your right to terminate the contract.

FL law does provide 10 days in which to terminate the contract without further obligation, for purchases of a timeshare.

Here is a link that sets out this law:

http://floridalawyer.typepad.com/my_weblog/2007/11/what-do-you-do-.html

These provisions would arguably apply to your situation. Also, if the contract itself provides a right to rescind, then you would have that right based on the express provisions of the agreement.

Finally, since they represented that you have the right to rescind, that would typically provide a basis to terminate the agreement for fraudulent inducement even if it is found that you do not have a right to rescind the agreement.

If the company disputes your right to rescind, I would file complaints with the BBB, state Consumer Protection Agency, and/or retain a local attorney to represent you.

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Thank you and all the best to you,

Tina

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Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.1 %
Accepts: 1115
Answered: 7/9/2012

Experience: 15 years legal experience including consumer protection law.

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Customer replied 275 days and 5 hours ago.

hi i was wondering how do u go about writing the fax/email what all needs to b said in it etc

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Expert:  Tina replied 275 days and 5 hours ago.

It doesn't have to be formal, but should include the fact that you are exercising your right to rescind the contract and reference the contract you signed.

If you expect a refund of anything, you should indicate your expectation for that to occur promptly and for them to promptly confirm their receipt of this notice by whatever means you wish for them to respond to you.

 
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