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My husband and I had a timeshare with Diamond Resort. Sorry…

Customer Question
My husband and I...

My husband and I had a timeshare with Diamond Resort.

Lawyer's Assistant: Have you thoroughly reviewed the contract?

Sorry here is the question, after upgrading while on vacation, we went home and reviewed the contract. It was 10 days after our presentation, passed 7 days... it was not what we thought we signed for!! The presentation etc went on for 4-5 hours. I was shocked when I looked at the contract. I called them and told them that I could not afford it and that we were going to relinquish all rights on our previously paid timeshare and we no longer wanted to keep it because this would be very difficult to keep on our limited income. What can we do. They are calling...

Lawyer's Assistant: Has any paperwork been filed?

Like? Legal?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not yet?

Submitted: 4 months ago.Category: Legal
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Answered in 7 minutes by:
12/18/2017
Lawyer: Lori, Attorney replied 4 months ago
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 1,211
Experience: Attorney with over 25 years experience
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Hello. Let me see if I can assist you today. I will review your situation and get back with you shortly.

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Customer reply replied 4 months ago
ok, Thanks
Lawyer: Lori, Attorney replied 4 months ago

Assuming there are credit card charges being charged – be sure to dispute the charges formally and write to the credit bureau to dispute the charge. Hopefully you can get the State’s Attorney General office to sue the time share club for fraudulent trade practices. You can also take the affirmative action of suing the time share club for fraud and duress to rescind the agreement. The court will look at the circumstances to determine rescission. You cannot waive a claim of duress to rescind - so it is very likely the court will not enforce provisions in the agreement that say you cannot cancel.

I would also write a detailed letter to State Attorney General and request they bring action for the fraudulent practices of this company. Certainly be sure to report others who have been scammed by them as well. An honest Yelp posting against them might be helpful as well (if there are on Yelp) or other social media.

If I have answered all your questions today, please reply back "Yes"or "acceptable.".

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Lori
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 1,211
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