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Ask Daniel Kokhba Your Own Question
Daniel Kokhba
Daniel Kokhba,
Category: Real Estate Law
Satisfied Customers: 56893
Experience:  Partner at Kantor Davidoff
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I purchased a timeshare in S.C on Dec 27th, 2016. The

Customer Question

I purchased a timeshare in S.C on Dec 27th, 2016. The following day I got buyers remorse and went to the office (Palmera,LLC) where I purchased said timeshare, returning the owners kit. Their notary public signed & stamped that page, in which I received a copy of, along with my original down-payment check. It states I. BLOW CAP PRINT "That returning owners kit DIES NOT confirm cancellation of contract. I signet RIGHT TO CANCEL" in which the Notary ONLY stamped, no signature plus he gave me the "original" not a copy. So, with all that being said... My question is.. 1) do I need to send seller in writing my right to cancel 2) Sunday is my 5th day. I understand Sunday is not counted against your 5th day, as long as such Sunday would be your 5th, however most day will also be a holiday due to the 1at of the year. So, if I must send in writing I'm within my legal time frame sending Tuesday... Would that be correct? Thank you for your time and consideration in this matter... The Greenes 7
JA: Have you thoroughly reviewed the contract?
Customer: Yes
JA: Has any paperwork been filed?
Customer: Unknown
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.. Very simple. Can one cancel a timeshare contract "IN PWRSON" within the allowed 5 days? Or must cancelation be in writing? The 5 days given by S.C. Law to cancel contract... When your 5th day falls on Sunday and Monday is a holiday, I am within, by law, my time frame to cancel "in writing" the following Tuesday, yes or no? Thank you
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Daniel Kokhba replied 7 months ago.
You may cancel on ground of being misled and breach of agreement.I am sorry this happened. I will do the following: 1. suggest options for pursuing a case 2. preparation tactics 3. way to find a local lawyer if you still wish to involve one but can save on fees by following steps 1 and 2You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if that is acceptable and feel free to reply back and follow up