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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110539
Experience:  Attorney experienced in commercial litigation.
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I am from bc and recently (May3 2012) bought a points based

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I am from bc and recently (May3 2012) bought a points based time share / vacation club
membership in Hawaii the rescind period is 7 days. I noticed on line that the company I have bought from has hundreds of complaints against them. They outright lied to me and my wife,one of the first questions I asked the sales guy was what happens if I no longer want it, they both said I could sell it with no problem or transfer it, well was I in for a surprise when I found out they are giving them away there is no market for used timeshares. I have not used any of the services nor do I plan to I figure my $30000 is gone I paid with amex what will happen if I don't pay my fees
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Did you file your notice to rescind the contract within the 7 day time period?

Has the time share refused to honor its contract with you and provide you what your written contract states they would provide you?
Customer: replied 3 years ago.

ive owned it for 46 days . my annual fees are $1812 for me to use the service in 2014 ill have to pay at least $3600 and this where the complaints come in availability of weeks ever increasing fees assessments that are outrageous we just would like to get out before it starts im sure we will lose our 30K. is foreclosure something that I would have to worry about


Thank you for your follow up.

I am afraid that under Hawaii law, contracts are to be enforced as they are written and absent some type of cancellation clause, the only way to terminate the contract is if you can prove that the company has somehow breached your contract or that there was a material misrepresentation. Thus, I am seeing you are arguing the material misrepresentation that induced you to sign the contract and this would be grounds for you to seek to void the contract. Unfortunately, these companies do not go down easy and this means you will need to engage local counsel in Hawaii to review the contract and the evidence you have of the misrepresentation to determine if the evidence is sufficient to sustain a case against the company in court. Evidence of their past unfair and deceptive practices would be used as well to prove their material misrepresentation. You would also have to claim "anticipatory breach" based on other claims of customers and you are going to have to do leg work to run those customers down to testify because you bear the burden of proving the history of this breaching conduct to show that it is more likely than not you will suffer the same breaches in your contractual agreement.

Sadly, these cases are not inexpensive to bring and your contract will need to be scrutinized by a consumer protection attorney along with your evidence, but based on what you are stating above, these are the legal grounds to challenge the contract and seek to void it.

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