How do I cancel a timeshare purchase, 2 months after the contract is signed? I called the salesman the day after the sale to let him know I was canceling the purchase. I did this because he told me I could cancel within 10 days of purchase, without penalty, and to call him if I decided to do that. So I did, and I thought that was the end of it. He said my down payment would be credited to my VISA. When my VISA statement came in without the credit, I called him. He said I needed to have written a letter to the company within the 10 day period; that he is not able to cancel a contract (which is what I thought he would do when he told me to call him if I decided to cancel) But now, after reading the contract, I see I did not follow the rules, and it is too late. I contacted the company and explained the situation. I was advised to write, also, which I did, today. Do you have any suggestions?
After speaking with client service personnel there, this is the letter I am mailing tomorrow, at their suggestion:
November 29, 2008, my husband and I toured the Mystic Dunes Resort in Kissimmee, with salesman Lou Elkaldi. We could not have asked for a more pleasant salesman to show us your beautiful resort. We were apprehensive about purchasing a timeshare, but the sales team is very persuasive, and we were assured we had 10 days in which we could cancel the contract, if we changed our minds about purchasing. Lou told us to call him if we changed our minds.
That evening and the next morning, my husband and I discussed the purchase quite thoroughly, and decided we should not take on the extra expense. That day, while driving home, my husband called Lou to inform him of our decision to cancel the contract. During the conversation, it was my husband’s understanding that by informing Lou of our decision to cancel, the contract was indeed canceled. He also understood we would see a credit on our Visa for the down payment we charged to our Visa. It wasn’t until our statement arrived this week, that I realized something was amiss. The down payment charge was there, but the credit was not. This led me to call Lou, to check on the status of the credit.
Lou said he remembered the conversation regarding our decision to cancel the purchase, but he was not able to do that for us and that to cancel the contract, we needed to have notified Mystic Dunes in writing. He also said this was written in the contract, which I now see is true.
And now, we are locked into a contract we feel will cause a great strain on our budget. I plead ignorance and misunderstanding on our part. I feel part of this misunderstanding has to do with my husband’s communication skills with the English language. He is Croatian by birth, and is sometimes difficult to understand. I beg you to review our situation and consider a reprieve for us. Of course, we would expect to be charged any reasonabl
The timeshare industry is notorious for deceptive practices and bad faith dealing.
If this ended up going to court, and it was proved that the company engaged in deceptive practices and or bad faith dealing (and the sales agent's omission seems to amount to both), then there is a good chance that the court would not enforce the contract.
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Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
I'm wanting to know if there is anything else I should do right now, to help the situation; to help sway them toward allowing me to cancel the contract. I would rather it not go to court, if possible.
No one wants to go to court. But having an idea of the outcome if one does go to court makes the negotiation more meaningful, and will help prevent going to court.
The things that will help sway them are simply letting them know that you know that they dealt deceptively with you, and they dealt with you in bad faith, and that therefore the contract with them is unenforceable.
So, they can just cancel it now, and perhaps keep what you paid so far, or they can pay the expense of going to court, and take the chance of losing everything, including what you paid so far. Because if they lose, they will probably have to refund your money in full. You have to try to be firm, and assertive, and not let them continue to take advantage of you.
So, should I restructure my letter, now, before I send it, to include that type of language? Or, should I wait for their response to the letter, and if negative, initiate another, more assertive letter? I don't truly believe the salesman was trying to be deceptive, but I think my husband's language barrier had more to do with it than anything. If I played off that aspect, do you think that would get me anywhere? And if I wait for their initial response, would that be more, or less advantagious? From what you've said so far, it sounds like I need to be aggressive right from the start.
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