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RONB-ESQ
RONB-ESQ, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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How do I get out of a time share contract without verbal

Customer Question

how do I get out of a time share contract without verbal attention to what I was signing, about a ( five day cancelation period )
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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You should be able to view my answer just below this response as we continue…. I type kind of slow so I may do some quick research and then be typing your answer it may be 5-10 depending on your question. You can respond at any time.

In what state did you sign the contract? On what date did you sign the contract?

Actually I am somewhat familiar with time share issues as I cancelled my own after buyers remorse and know the feeling. I also see the question frequently on here.

Customer: replied 1 year ago.
Las Vegas, Nevada August 29th 2015
Customer: replied 1 year ago.
was at World Mark resort at the time of my dealings with salesman ( fast talker Tim )
Customer: replied 1 year ago.
email ***@******.***
Expert:  RONB-ESQ replied 1 year ago.

What if any actions did you take to rescind the contract? Pursuant to Section 119A.410 of Nevada statutes there is a 5 day right of rescission. The statute also provides for recourse should the sales people have misrepresented the offer. http://www.leg.state.nv.us/nrs/nrs-119a.html For my background how much was the contract for and what did you pay as a down payment? It would help me to know what actions if any that you took before November 3 midnight to rescind the contract? This information will help me give you a more specific answer.

Ron

Expert:  RONB-ESQ replied 1 year ago.

I just wanted to check back in with you. If you could provide the information I requested above I could provide a more specific answer. I should be back online tomorrow around 1:00 PM CST and would be happy at that time to respond to your reply.

Ron

Customer: replied 1 year ago.
I wasn't aware of a 5 day cancelation date as I was in Vegas on Vac. Didn't read the contract until I came home on the 4th of September.. $1.400.00 was the down payment with other charges I wasn't aware of and the charge is now over $2.000.00.
I called the sales man and left several msgs. He never returned any of my calls. He had told me not to do anything with the credit card til I talked to him, I then called another sales person who worked with Tim and complained. The next day Tim call and said he had been on vacation so that delayed this dispute further. He told me to call another # ***** again was told the 5 day cancelation was on the first page of ALL THE PAPER WORK they gave us. Have sent several letters about this problem. I was not told about this 5 day cancelation period, however I did sign it among several others papers. This page was put in the portfolio with no mention of how many days I had to cancel. This upgrade to my existing time share is $12.000.00. The credit card was given to me to use and defer maintenance costs and still don't under stand why. Haven't made any payments on card as yet until this is re solved. was told they were going to hold me to this contract and send me a registered letter over a week ago and haven't gotten it yet.
Expert:  RONB-ESQ replied 1 year ago.

Sadly I have found that some resorts even resort to placing the notice in a pocket in the binder they give you. If I read your response correctly you said you "signed" a copy of the notice. That would tend to indicate it was included and would go a long way for the developer in defending any claim it was not included, but I may have misunderstood you. They don't have to make you aware of the right to rescind or show you the notice page and point it out in fact many time they hope that it is just buried under other papers and even if you signed it you were signing multiple documents and didn't read them. Clarify for me if they did actually include the notice as required by statute in your contract. I have copied the relevant section and will post it below.

NRS 119A.410  Right to cancel contract of sale.

1.  The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.

2.  The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.

3.  The notice of cancellation may be delivered personally to the developer, sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service, to the business address of the developer.

4.  The developer shall, within 20 days after receipt of the notice of cancellation, return all payments made by the purchaser.

(Added to NRS by 1983, 982; A 1985, 1141; 1987, 894; 2003, 984; 2007, 1549; 2013, 1586)

t

Customer: replied 1 year ago.
I want to thank you for your information, however I need the info in layman terms so please cancel any further communications
regarding this problem.
Expert:  RONB-ESQ replied 1 year ago.

Thank you replying and letting me know my answer wasn't clear as it is my goal that your question is fully answered to your satisfaction. In layman terms, pursuant to the Nevada statute you must have provided a written notice of rescission by midnight on the 5th calendar day after you signed the contract. If you did not do so then to undo this contract you would have to sue them and you may be able to sue them based on the claim of fraudulent inducement into a contract. If you did sign the notice of rescission as you indicate above typically prevents you from claiming the contract was void for failure to require the notice as required by Nevada statutes. I would recommend that you setup a consultation with a real estate attorney in the same general area of the sales presentation. You can go to findlaw.com or avvo.com and do a search for attorney based on practice area and location. You can probably find some that specialize in timeshare lawsuits. You can likely meet with one of these attorneys for 30 minutes free to have them advise you of all your rights and they will also go into their fees at that point.

If you live out of town you can usually setup a phone consultation in lieu of a personal meeting. You should act on this sooner than later just so it minimizes the ongoing issues with the credit card, etc. I would dispute the charge on the credit card, but if the timeshare provides them a copy of the contract the credit card company may come back and charge it back to you. That is why it would be necessary to file suit with the goal of having a Court determine that the contract is void and unenforceable.

Does that help any?

Expert:  RONB-ESQ replied 1 year ago.

I just wanted to check in and see if I answered your question or if you needed me to clarify something or had a follow up. I should be around the computer this evening and tomorrow after 1:00 PM CST

Regards,

Ron