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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9693
Experience:  Just Answer consultant at Self employed
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I recently purchased a Hyatt timeshare where they said they

Customer Question

I recently purchased a Hyatt timeshare where they said they sold me one thing and actually up sold me. I have the papers to prove it. What can I do?
JA: Have you thoroughly reviewed the contract?
Customer: Yes
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: U filed a complaint with the BBB but that went nowhere.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  legalgems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 8 months ago.

I am sorry to hear this; can you tell me what state this occurred in and if the rescission period has expired (that varies by state, but is the time period that allows the consumer to cancel the contract without requiring a reason)

Customer: replied 8 months ago.
texas, way past the withdrawal deadline. what is the deadline for fraud?
Expert:  legalgems replied 8 months ago.

Ok thank you for the follow up. I wanted to verify this was not a new purchase.

There are 2 possible causes of action:

1. breach of contract, with a 4 year statute of limitations per Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), (a)(4)

please see here

A party can be sued for breach of contract if they did not comply with the terms of the contract (did not deliver as promised). Every contract has an implied covenant of good faith and fair dealing.

2. fraudulent misrepresentation, or fraud in the inducement (misrepresentations made to get the buyer to sign the contract). This has a 4 year statute also: 16.004

The damages are the economic damages suffered by plaintiff, and the court can often award attorney fees and costs, to help restore plaintiff to the position s/he would have been in but for defendant's misconduct.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 8 months ago.

Hi. Just checking in to see how the above situation worked out. Hoping the information was useful. Thanks!