Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I answered a timeshare invitation and went to Gatlingburg Tenn. for a timeshare resort which I did signed a contract to buy. I live in Orlando Florida, at the time I paid a deposit and entered into a contract, I asked if there was a time given to get out they said no. But 2 days after I did send a certified letter to the Company Westgate in Orlando Fl where the Corporate office is as well as thwe resort where I signed the contract wanting to cancel the contract. I did find out from Tennessee that I had a 10 day cooling period. Since then westgate has ignored my letter and they asked me to pay my monthly payments which I did for a few payments, until I said enough and send the letters telling them that I was not paying it anymore and wanted my money back. They never did. I just found out that westgate did a Timeshare foreclosure which in Tenn can be done as a non judicial transaction by just publicating in a newspaper which they did and they have transfered deed to Westgate in taking posession. Since I have now a bad credit report showing a foreclosure.
I have spoken to them and they just basically dont care. So I am filing law suit in Orlando Fl due to their Corporate office being there. Question is, am I right suing in Orlando and what would be the reason, Breach of contract? Negligent? Etc. can you assist please.
Response: Yes, you need to look at the contract you signed to see where you are supposed to sue the company. The venue for lawsuit should be stated in the contract as these timeshare companies do expect to be sued. If the contract is silent as to venue for lawsuit, you can sue them in Orlando where they have an office.
Your lawsuit would be for several reasons:
(1) Misrepresentation in the sale of the timeshare: Their lie to you that you could not cancel the contract when you asked them whether you could cancel. By law, they are supposed to tell you whether you have a right to cancel BEFORE you signed the contract;
(2) Fraud for forcing you to make payments on a timeshare that you could have cancelled but for their misrepresentation;
(3) To force them to remove any derogatory information such as foreclosure that they have reported to the credit reporting bureaus;
(4) To force them to return all payments you made on the timeshare because you could have cancelled and avoided the payments but for their misrepresentation and fraud.