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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We signed a contract with Global Discovery Vacations Sept.

Resolved Question:

We signed a contract with Global Discovery Vacations Sept. 21....they are closed Sep.22 and the 23rd. We have 3 business days to rescind our contract and we are going down tomorrow to demand all of our paperwork back including anything with our S/S #'s on it. We also made a small down pmt. with our C/C and we're going to call to have the down pmt. cancelled. What are our rights if they refuse to return our paperwork? Since they are closed Sept. 22nd and 23rd., does the three business day right of rescission start on Sept. 24th.? According to the Arizona Republic Newspaper in section B, page 4, article by XXXXX XXXXX this may be a scam. What action should we proceed with?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

What are our rights if they refuse to return our paperwork?

If they refuse to return your paperwork, i.e.refund you, then someone in your situation may wish to threaten to sue, or sue, for negligence per se, unjust enrichment, and money had and received.

NEGLIGENCE PER SE is when someone is not following a statutory law that is meant to protect you. I am assuming that your right of recession stems from A.R.S. § 44-5001, et seq, which applies to certain home solicitations, seminar sales, etc. If the right stems from your contract verbiage, then this does not apply but the other two still do.

UNJUST ENRICHMENT - In Arizona, five elements must be proved to make a case of unjust enrichment: (1) an enrichment; (2) an impoverishment; (3) a connection between the enrichment and the impoverishment; (4) absence of justification for the enrichment and the impoverishment and (5) an absence of a remedy provided by law. City of Sierra Vista v. Cochise Enter., Inc., 144 Ariz. 375, 381, 697 P.2d 1125, 1131 (App. 1984); Stapley v. American Bathtub Liners, Inc., 162 Ariz. 564, 568, 785 P.2d 84, 88 (App. 1989).

MONEY HAD AND RECEIVED - when money held by them in good conscience belongs to you. Pleasants v. Home Federal Sav. & Loan Ass'n, 569 P. 2d 261 - Ariz: Court of Appeals, 2nd Div. 1977.

Since they are closed Sept. 22nd and 23rd., does the three business day right of rescission start on Sept. 24th.?

Saturday tends to count as a day here, while Sunday does not. Monday will even if they are closed (one can still send the notice via mail and it counts from date sent, not date received, so Monday can be "utilized").

According to the Arizona Republic Newspaper in section B, page 4, article by XXXXX XXXXX this may be a scam. What action should we proceed with?

If they refund you the money, then there should not be any case. If they do not, then one may wish to talk to counsel and file suit (or threaten to do so - often they capitulate at the threat of a lawsuit from an attorney). May I recommend the AZ Bar referral programs from Maricopa or Pima - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87745
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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