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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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Is there a law in CO that automatically allows a buyer to cancel

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Is there a law in CO that automatically allows a buyer to cancel a large purchase within 24 hours

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. This would depend on a few factors. Was the purchase at the seller's normal place of business, or at a convention/fairground/hotel?

Customer:

Hotel

LegalGems :

OK, and what was the purchase for?

Customer:

A vacation club membership

LegalGems :

A timeshare?

Customer:

NO NOT A TIMESHARE

LegalGems :

OK (there are separate laws re: timeshare which is why I was asking). One moment please; let me verify something.

LegalGems :

There is no law that specifically covers vacation club memberships as far as automatic cancellation that I could find. Here is the relevant law as to the types of contracts that can be canceled as a matter of right: http://tornado.state.co.us/gov_dir/leg_dir/olls/sl2013a/sl_166.pdf You can review the contract itself to see if there is a cancellation clause or a liquidated damage clause; however, it sounds as if you already did that.

LegalGems :

And here is a precise summary of the link above, as summarized by the attorney general's office: http://www.coloradoattorneygeneral.gov/initiatives/consumer_resource_guide/common_legal_questions#contract_cancel

Customer:

Before signing up for the membership I was given a PURCHASERS RIGHT TO CANCEL document which says I can cancel any time prior to the close of business today. Might this document this protect me if I get the form back to them today (fax, phone and/or regular mail w/ today's date postmarked)?

LegalGems :

Yes, that is good to hear. That is a contractual right to cancel (as opposed to one that is imposed by the legislature). As long as you comply with the terms of that right to cancel document, they would need to honor it. It is important to comply with it in all of its detail - for example, if it says send via mail, you can't send it via email. You can of course back it up by sending the notice as stated, and then also sending it in another manner so you have proof (i.e. certified mail, return receipt requested).

Customer:

Great news! Will fax it (per their request) and then send it certified mail with today's date postmarked. That should cover me then, correct?

LegalGems :

Yes, as long as it strictly complies (I can't emphasize that enough). For example, sometimes there is specific language that needs to be included. Read it with a fine tooth comb and make sure all your I's are dotted, etc...

Customer:

Will do. Many thanks for your counsel.

LegalGems :

You are very welcome. Glad to have helped. Take care.

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