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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I also had questions re cancelling a contract on a timeshare

Customer Question

I also had questions re cancelling a contract on a timeshare in TN. This took place on Tuesday evening 11/24/15 We are back in MS now and are wondering if we can cancel this. It would have to be by mail, of course. I don't recall there being this option pointed out to us during the negotiations. Not that it would, I don't suppose.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm a lawyer licensed in Tennessee and Mississippi. I'll be glad to assist.

Expert:  Roger replied 1 year ago.

Tenn. Code. Section 66-32-114(a) allows a timeshare purchaser to void their timeshare contract up until they receive the public offering statement detailing the timeshare purchase, but also allows for a “cooling off” or rescission period. This period is ten (10) days if you signed the timeshare contract after touring the timeshare facility, or fifteen (15) days if you did not do an onsite tour of the timeshare.

To cancel, you must send written notice of your intent to cancel your timeshare contract within the appropriate rescission period as applies to your case to the timeshare developer, via either hand-delivery or certified US Mail.

Customer: replied 1 year ago.
We were given a tablet along with the Owners' packet of materials. Will all this need to be returned?
Expert:  Roger replied 1 year ago.

All the statute requires is that you issue the certified letter/hand delivered letter cancelling the contract......BUT you should look at the contract documents to see what other conditions you agreed to.

My assumption is that you'd need to return anything you received to comply with the contract, but again, you're just going to have to read through the paperwork and see what your obligation is.

Expert:  Roger replied 1 year ago.

Thus, you should be prepared to return everything, including the tablet. If you don't have any paperwork, you can call and ask that it be sent/emailed to you. But, you probably need to proceed with getting your cancellation sent out asap to make sure you don't run into a timing issue.

Expert:  Roger replied 1 year ago.

Can you see the responses above?

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