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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27165
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I joined Exclusinve Travel, LLC and want to get out of the

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I joined Exclusinve Travel, LLC and want to get out of the contract. They caught us on our way to a cruise ship so by the time we got back it was too late to cancel. I'm willing to let my initial investment of $3000 go but don't want to waste more money.
JA: Where is the property located?
Customer: There is no actual "property". Its a travel club. Presentation was in FL, home office in GA
JA: Has any paperwork been filed?
Customer: We signed a contract
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can't think of anything.. Happened 12/10. My name is Jill

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Good afternoon. In the paper work which you signed, was there a time frame to cancel?

Customer: replied 6 months ago.
I think it was 3 days. They catch people (us) on their way out on a cruise so by the time we got back it was too late. I'm willing to chalk up the 3K to experience but want to get out of the annual fee.

Thank you for the reply. If a month has passed and the contract itself, had a 3 day cooling off period / right to rescind, you would not be able to just back out now. However, if you were on a cruise and your ability to communicate with them and cancel this was prevented, you may have an argument to make, regarding their sale and trade practices. I say this because as you shared, you may have been trapped, whereby even if you wanted to cancel, you did not have the ability to do so and they knew this, which is why they sold you what they did, when on the ship. You may be able to use that to your advantage, to get out and walk away. If not, you would need to settle with them and see if you can forfeit your $3000 and/or possible pay a penalty, to break the contract and walk away.

Customer: replied 6 months ago.
Actually, the contract does not mention a cancellation clause. Looking at it now.

You may have a defense to raise. If you were not advised of such time and this was something that was sold to you at the port or by the cruise ship, there is an argument to make that you should have been placed on notice as to your right to cancel and where not and were tricked and they used unfair and deceptive trade practices.

Customer: replied 6 months ago.
sorry for the delay, I lost the connection. How should I proceed?

At this point, you can send a demand letter to them, advising you want to cancel and address your issues and concern with their practices. Then you can wait for them to respond and see if they are willing to settle and release you but if not, you may consider taking legal action.

Customer: replied 6 months ago.
I'll send the letter, thanks. I'm retired and do not have the means to hire an attorney. We did not qualify for this in the first place. The woman on the phone said you have to make $50,000 per year + but I'll sign you up anyway.
Customer: replied 6 months ago.
Does that make a difference? The fact that we didn't qualify.
Customer: replied 6 months ago.
It is not letting me submit a rating.

Sorry for the delay. Yes, if you did not qualify and they submitted false financials that would also provide you with a strong defense and basis to actual cancel. They would have essentially committed fraud.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

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