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C.Fortunato
C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience:  Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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How do I cancel a timeshare purchase, 2 months after the contract

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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?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  C.Fortunato replied 5 years ago.

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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C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience: Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
C.Fortunato and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.

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.

Expert:  C.Fortunato replied 5 years ago.

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.

 

Customer: replied 5 years ago.
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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