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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26758
Experience:  Began practicing law in 1992
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if I have a timeshare contract that was not notarized at the

Customer Question

if I have a timeshare contract that was not notarized at the time of signing can I consider that as a way to extend the recision period
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

JD 1992 :

You can try but it is unlikely to work.

JD 1992 :

A notary's signature isn't required and all it does is just attest that the person whose signature appears there presented evidence that they were indeed that person.

JD 1992 :

Most people think the notarization has more legal weight than it actually does.

Customer:

so I am screwed

Customer:

no matter how bad they are

Customer:

and I can prove

JD 1992 :

If they are not living up to their part of the bargain then you can always sue for rescission based on a breach of contract.

Customer:

they committed to contact me after the signing of the contract to get bank informaiton they never did then I got a nasty gram stating pay or be taken to court

Customer:

that isn't in writing it was verbal but recorded

JD 1992 :

No money ever exchanged hands?

Customer:

I made a small down payment with a credit card but can't make the other payments that way

Customer:

the initial money was paid but I havent paid anything since

JD 1992 :

I had an idea but it's not going to work if you paid them anything.

Customer:

I am a little nervous after the last go around one of the Owner Relations people put a hold payent note on my account so they haven't asked for anymore money and I haven't paid any

Customer:

but it is only a matter of time I think before the mortgage company comes back and puts me in default

JD 1992 :

I don't see anything in your facts that would let you get out of it.

JD 1992 :

You may want to take the written contract to a local lawyer and let them look it over to see if there is anything there to work with but that would be your only shot.

Customer:

so they can lie and not be customer service oriented and I have to be honest consumer

Customer:

I love it

JD 1992 :

Timeshare companies are awful.

Customer:

there was some really odd things about a credit card application too, but I think that would be hard to prove

Customer:

I was declined immediatly the day I was there the sales rep said my application was pending. I never got the letter fromt he bank saying I was declined. The cc would have allowed us to cover our maintenance fees with our purchases

JD 1992 :

I don't understand what you mean by "cover our maintenance fees with our purchases". Can you explain?

Customer:

There is also one of the owner service ladies who literally said she didn't have a boss (lie) and she couldn't receive e-mails (lie) I have an e-mail from one of her peers just to prove that she was lying

Customer:

oh if we applied for their cc then our "points" could be applied to maintenance fees. Both mine and my husbands credit scores are in the 700s and somehow we were both declined for credit

JD 1992 :

You may have something there. If you can prove they lied about that then that would equate to fraud and you might be able to ask for a rescission.

Customer:

neither of us received the letter from the bank we were supposed to, and when I called they couldn't find an application or a letter. They even went as far as to say they don't keep them.

Customer:

The bank won't help to prove they lied

Customer:

they lie to cover the lies

JD 1992 :

It sounds very suspicious. What you may want to do is hire a lawyer to use that to allege fraud and see if you can get them to let you out of the contract to avoid a lawsuit.

Customer:

I have thought about running my husband through the process that I went through with Barklays bank just to verify my suspicions

JD 1992 :

I think before you do that talk to a local lawyer and get a price on handling this. It shouldn't be terribly expensive to just bluff.

Customer:

because I have a small history with Barklays they were able to cover their tracks

Customer:

I also asked for my "complaint file" from BlueGreen and they have refused to give it to me, including the recordings of the conversations I have had

Customer:

is that something a lawyer can compel them to give up

Customer:

I didn't think anyone could keep a file on you and then refuse you access

JD 1992 :

A lawyer could force them to give it up although it could take a lawsuit to do it. There is no law that forces them to give your file to you outside of a lawsuit.

Customer:

alright, it looks like I am going to have to spend some money to make my point, them doing the right thing is definately out of the scope of their business practices, they have proven that.

JD 1992 :

it usually is with a timeshare company.

Customer:

thanks so much for your time, this has me losing sleep at night. I hate creepy companies

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26758
Experience: Began practicing law in 1992
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