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Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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I just upgraded my vacation club membership. (Similar to timeshare.)

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I just upgraded my vacation club membership. (Similar to timeshare.) Several days after the multiple page contract was signed by both parties, I received an email from the vacation club stating that I needed to resign one of the pages because they had mistakenly given me double one of the agreed benefits. The contract reflects what I was told verbally
as part of the sales pitch and no one questioned the benefit at the time of signing.

Am I obligated to sign a new contract reducing my benefits a week after the original contract was signed?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

If I understand correctly, the benefits as offered in the sales pitch were the "double" benefits that were reflected in the original agreement. They are now asking that you sign a new contract with reduced benefits for the same sales price, is this correct?

Customer:

Yes, specifically they offered me 4 trade weeks in the sales pitch, which is what the contract that is signed says, and now they are asking me to sign a new page which says only 2 trade weeks, because they "made an honest mistake".

William B. Esq. :

That is not an honest mistake, they offered you one thing and are now doing a "bait and switch" with a new contract after they have already entered into a contract with you for the original deal. You are not required to change your contract.

Customer:

That is what I answered them.... can they cancel the contract if I refuse to sign?

William B. Esq. :

No, if they attempt to cancel the contract, they are in breach of contract and you can either pursue damages under the terms of a "dispute resolution clause" in the original contract (if such a clause exists - usually it would be arbitration or mediation), or you can sue them in court for the breach.

William B. Esq. :

You may also be able to sue them for fraud and deceptive business practices.

William B. Esq. :

Finally, you can report them to the State Attorney General's Office (Consumer Affairs Division), as the State AG's office does watch for these types of business practices. They will not work to recover on your behalf, but they will pursue them for the fraudulent practices.

Customer:

Frankly at this point I am happy to tell them that they can either met their obligations under the existing contract or cancel the contract with a refund in full of the deposit that I paid. Does it hurt me in any way if I tell them that?

William B. Esq. :

No. You are perfectly within your rights to demand a rescision. Fraud is a basis for a contract to be "voidable" by the injured party, meaning that you have the right to either continue with the contract, or to void the contract and receive your money back.

Customer:

Okay, thank you!

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