We got hooked into buying a timeshare for Park City , UTah . We signed the contract on Dec 28th 2011. the contract had a 10 calendar day cancellation period. Utah has a 5 day minimum cool off period (they dont count legal holidays in that 5 day) so we assume 10 days is because Wetsgate is a Florida based company, are we covered by the 10 day we signed or 5 day Utah?After reading blogs, it seems they can play difficult on cancellations so I want to make sure we are tight, though we sent via fedex on Dec 30th, late with tracking & signature required , it wont be sent until Tuesday Jan 3rd due to the 3 day shut down of all postal services (New year!). We sent to the cancellation notice to the address on the cancellation clause and to the guy who signed the contract in Utah.We paid $4k deposit on credit card so i would like to call the credit card company to register a dispute in the event there is a problem & also to stop the monthly payments. Will i cause myself a problem doing this ThxGed
State/Country relating to question: Utah
Under Utah Code 57-19-12, the notice of cancellation must be postmarked by certified mail no later than the 5th day after the contract was signed, and legal holidays do not count in the calculation. Therefore, the last day that you can cancel under Utah law would be Jan 3, 2012. The fact that the contract contains a 10-day cancellation period, and as that period provides greater protection to the purchaser, then the Utah public policy, it would almost certainly be upheld by a court. However, you don't want to be in court, because that costs time and money. So, tomorrow, you may want to get into the post office and send that cancellation notice, so you don't have to worry about it again.Hope this helps.
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As mentioned I already dropped off at a fedex location on friday Dec 30th with tracking & signature required . The tracking shows shows that I dropped off on Dec 30th (2 days after the contract signing) but as there was no shipping Sat, Sunday & monday it will not be sent until Tomorrow (jan 3rd) which is the 5th day after cancellation (Final day for Utah). Though I sent over night it will arrive jan 4th (6th day after contract signing).
Am I covered with the fedex tracking information? ie does this satisfy the 'postmark' by 5th day requirement
Under Utah Code 57-19-12(1)(a)(i), notice must be by hand delivery or certified mail. Anything else is not legal notice under this particular law. I suppose that if the FedEx driver hands the envelope to a representative of the timeshare, then that would satisfy the law -- otherwise, it would not.Hope this helps.
Attorney and Real Estate broker -- Retired (mostly)
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