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We need advice on how to get out of a timeshare agreement we

Customer Question
signed in orlando, USA, recently...
we need advice on how to get out of a timeshare agreement we signed in orlando, USA, recently. the cooling off period has expired but on returning home and our financial situation has changed plus we discovered more about these arrangements that we were not happy about. we have paid a deposit but have not paid the balance. Can we just not pay?
thank you
Submitted: 2 years ago.Category: Australia Law
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Answered in 10 minutes by:
7/15/2015
Solicitor: James D. Ford, Solicitor replied 2 years ago
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1,601
Experience: Consulting Principal at Nexus Law Group
Verified
Hi, unless you can argue that you were placed under immense pressure to sign.. undue influence... to void the contract... you are bound by the agreement... you can try to sell your timeshare in the second hand market... but I am afraid the news is not good... if you are unable to sell your timeshare... my experience is that they will chase you for any monies owing under the agreement. It might help you a little, being in Australia... but then again.. these are generally international companies.. and these are experts at enforcing their agreements. Did it involve finance? maybe they gave you finance when they should not have done so... and a complaint can be made.. against the financier.. How long ago did the cooling off period expire? how long after did you write to the resort's director asking to terminate? Kind regards, James
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Customer reply replied 2 years ago
it involved finance. but what would the complaint be about?
we signed the contract on the 25th of june. we wrote to him on the 13th of july
Customer reply replied 2 years ago
what would be considered as immense pressure?
Solicitor: James D. Ford, Solicitor replied 2 years ago
In my experience, the sales process for timeshare is high pressure and involves offering a one time only deal... available today only.. but you must sign before you leave (don't worry about the finance, we can handle that we have our own finance company), and if you do not accept the deal.. they offer you an even better deal... and if you refuse they offer you an even better deal... and invite more senior sales people to close the deal with you... the deal is so good you would be crazy not to sign... You CANNOT take the paperwork away to have a lawyer advise you regarding what you are signing... To counter this, they will say that is why there is a COOLING OFF period.. so that you can reconsider.. and if you are not happy terminate the deal... however, things happen, the COOLING OFF period is short, and if you are travelling, it may be only after this expires, that you get to find out what you have actually committed to.... When did you return to Australia from your holiday in the USA? With regard to the finance.. Banks and Finance companies legislation and codes of conduct that mean they should be responsible in their lending practices.. and not lend money to people who cannot afford it. In Australia there are complaint processes that can be instigated.. I assume similar avenues exist in the USA. Kind regards, James
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Customer reply replied 2 years ago
we returned on the 4th of july to australia.
if i don't pay anything to them what is the worse that could happen??
can it affect my credit rating in australia? if i just cut all communications with them will i loose anything here in australia?
Solicitor: James D. Ford, Solicitor replied 2 years ago
Be prepared for the timeshare company, or their Australian subsidiary (if they have one), or the finance company, or their Australian subsidiary (if they have one)... to follow through and chase you for all money owing under the agreement/s. If you fail to pay, and they obtain a Court Judgement against you, it will impact on your credit rating. Kind regards, James
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James D. Ford
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1,601
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Experience: Consulting Principal at Nexus Law Group

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