How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33299
Experience:  16+ yrs. of legal experience.
11181181
Type Your Consumer Protection Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

Is Sundance Vacations subject to the right to rescission

Customer Question

Is Sundance Vacations subject to the right to rescission since they initially reach out to customers via phone call
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The fact that contact is made by phone is not, in and of itself, enough to trigger the federal right to rescind. But tell me more about this...is this for a timeshare purchase?

Was there a purchase? How long ago?

Customer: replied 1 year ago.
it is for a timeshare purchase made in July of this year.
Expert:  P. Simmons replied 1 year ago.

Thank you

The problem you face is that too much time has passed.
The federal "right to rescind" law gives you only 3 days to cancel.

The MD law for timeshare purchases gives you 10 days to cancel

But if you purchased in July, both of these windows have closed.
So it is too late to cancel without penalty.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can still cancel this contract, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I have been attempting to cancel this contract for months. They have been telling that I have no right to rescind since my first attempt to cancel several months ago. They have a log that shows I attempted to cancel within the month of July however they would not allow me to.
Expert:  P. Simmons replied 1 year ago.

Sorry...I had MD as the state...is the company in MD or PA?

Customer: replied 1 year ago.
They blatantly told me I had no right to cancel the contract and I only found out about the right to rescind law recently. I was never informed from them that I had think of you right?
Expert:  P. Simmons replied 1 year ago.

Can you tell me, what state is the company located in?

Customer: replied 1 year ago.
Pennsylvania
Expert:  P. Simmons replied 1 year ago.

Thanks
Just a movement, I want to pull the code

Expert:  P. Simmons replied 1 year ago.

PA law is unique in that it ties your right to cancel to the public offering statement. Did you receive such a statement when you signed the contract?

Customer: replied 1 year ago.
No, I did not.
Expert:  P. Simmons replied 1 year ago.

Thank you

Title 68, section 4402 of PA law REQUIRES a timeshare seller to provide a public offering statement prior to selling a unit. You can see the law here

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=68&div=0&chpt=44&sctn=2&subsctn=0

Title 68, section 4408 provides that a purchaser has 7 (SEVEN) days from receipt of the pubic offering statement to cancel the contract. You can see the law here

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=68&div=0&chpt=44&sctn=8&subsctn=0

Here, if they never provided a public offering statement, that would be a basis to sue to void the contract. You can hire a local attorney to sue them and void the contract (again, if they never provided you with the public offering statement)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.