Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I am trying to find out what midnight of the fifth calendar…

Customer Question
I am trying to...

I am trying to find out what midnight of the fifth calendar day is reffered as "the purchaser has the right to cancel a timeshare contract until midnight of the fifth calendar day following the date the contract was executed If I signed a contact on Saturday,12/23, Technically Thursday 12/28 today would be the fifth calendar day but does it imply I had until 12:00 am on 12/28 (Today) Or do I have the rest of today to send out the notice of cancelation

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

We are still in "escrow" on a vacation club membership and have not received an actual acceptance. But the paperwork advises we would need to send a certified letter no later than midnight of the firth calendar day following the date of execution of the contract So I am prepared to send the cancelation letter, however I am not sure If I am too late as 12/28 today would be the fifth calendar day, but not sure about the midnight stipulation

Lawyer's Assistant: Where is the timeshare located?

Its not a timeshare but the purchaser right to cancel document states it is Nevada

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

We really want to cancel this

Submitted: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Club Membership Contact signed on 12/23/2017; Purchasers Right to Cancel indicates " purchaser has the right to cancel a timeshare contract until midnight of the fifth calendar day following the date the contract was executed: - As it is already after 12:00 am (Midnight) on 12/28. Would we still have until Midnight tonight to send a cancelation letter via priority mail or is it too late to cancel.In addition, we did not purchase a timeshare property.We signed up for a Vacation Membership Club
Answered in 5 hours by:
12/28/2017
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 11,934
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago

Timeshares allow for 5 days cancellation (not counting the date of signing) whereas memberships allow for 3 day cancellations. However if the contract provides a notice of cancellation then those terms will govern. So for example if the law requires a 3 day period but the contract provides longer, that would govern based on contract law.

NRS 598.885  Cancellation of contract by buyer; notice required.  The buyer may cancel a contract for membership in an organization by giving the organization written notice of the cancellation within 3 business days after he or she receives a copy of the contract. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The organization shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.

(Added to NRS by 1985, 964)

NRS 598.890  Membership of buyer effective 7 days after contract signed.  The membership of the buyer in an organization becomes effective 7 days after the contract for membership is signed.

(Added to NRS by 1985, 964)

NRS 598.895  Refund required, if requested, for goods not delivered within 6 weeks.  If any goods ordered by the buyer are not delivered to the buyer or available for pickup by the buyer at a location within his or her county of residence within 6 weeks after he or she places the order for the goods or by a date agreed upon at the time of the order, any money paid by the buyer for the goods must, at his or her request, be refunded.

(Added to NRS by 1985, 964)

NRS 598.900  Untrue or misleading statements by organization prohibited; effect on contract.  An organization shall not make any untrue or misleading representations to the buyer or in its advertising. A contract for membership in an organization where any untrue or misleading representation was made to the buyer or the buyer was made aware of the untrue or misleading representation is void and unenforceable by the organization.

(Added to NRS by 1985, 964)

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 11,934
11,934 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
We are currently in escrow to buy a new house in California
We are currently in escrow to buy a new house in California but my wife and I decided to go our separate ways. I would like advice on how to proceed including designation of vesting instructions (deed… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Should a homeowner have the right to pay extra escrow and
Should a homeowner have the right to pay extra escrow and expect it not to go towards its principal? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I have an open escrow in Calif. I am the seller. As the
I have an open escrow in Calif. I am the seller. As the seller I can state there is written documentation of absolute ambiguity in the escrow instructions by the sellers. My question is: would it be d… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,835 satisfied customers
CAN AN ESCROW CLOSE LEGALLY WITH A CLEAN TITLE IF PROPERTY
CAN AN ESCROW CLOSE LEGALLY WITH A CLEAN TITLE IF PROPERTY TAXES ARE STILL OWING? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
If I am in an escrow with a seller and their agent is not
If I am in an escrow with a seller and their agent is not being forthcoming about anything escrow has been over 90 days. And the listing agent is now saying the listing expires in a few days and they … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
This is a real estate question. I have an escrow being tied
this is a real estate question. I have an escrow being tied up due to a property that was loan denied. per sellers lawyer they feel I breached contract due to time frame. Both the broker & my real est… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a timeshare with a $35 loan on it that I cannot
I have a timeshare with a $35 loan on it that I cannot afford. If I default on the loan what are the consequences to me and my wife. We are both retired. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
In can an escrow agent release deposit money without an
In Virginia can an escrow agent release deposit money without an agreement signed by both parties? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
We are selling our house and are in escrow we did an
We are selling our house and are in escrow we did an interior remodel to extend a closet but did not obtain a building permit at the time it was done we have applied for the permit with the city but t… read more
legalgems
legalgems
Arbitrator
11,934 satisfied customers
I owe to a timeshare both purchase payments and maintance
I owe to a timeshare both purchase payments and maintance dues around 640 per month. I simply cant afford. My job has reduced all employees hours by aroun 25% i was marginal before that. I need some a… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,348 satisfied customers
How does a repair escrow work? I am a buyer. If I have
How does a repair escrow work? I am a buyer. If I have something repaired after closing, do I need to get seller approval for reimbursement purpose? If he doesn't agree, what should I do?… read more
legalgems
legalgems
Arbitrator
11,934 satisfied customers
I'm in escrow on a house that is set to close in two weeks.
Hello, I'm in escrow on a house that is set to close in two weeks. I had the property surveyed (5.3 acres) it came back that a large concrete batting cage and a portion of the RV parking area that was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,493 satisfied customers
SALING MY HOUSE BUT RIGHT NOW THE ESCROW FOR ABOUT 10 DAYS
IM IN SALING MY HOUSE BUT RIGHT NOW IM INSIDE THE ESCROW FOR ABOUT 10 DAYS IS THERE ANY WAY I CAN GET OUT OF THE ESCROW AND DONT WAN TO SALE MY HOUSE … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Selling condo, have purchase agreement. Now escrow co. tell
Selling condo, have purchase agreement. Now escrow co. tell us we need to pay $$$ for Statement of Account and another $$$ for Covenant Compliance Inspection. I am suspicious of these two fees. … read more
legalgems
legalgems
Arbitrator
11,934 satisfied customers
Can a seller provide an escrow account for a buyer to pay
Can a seller provide an escrow account for a buyer to pay for repairs after closing? … read more
legalgems
legalgems
Arbitrator
11,934 satisfied customers
I'm in escrow on a REO in Hawaii. This house foreclosed and
I'm in escrow on a REO in Hawaii. This house foreclosed and was bought by Mellon Bank of NY who is now selling it to me. There are liens on the property that they have known of since 2/17, but have no… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,835 satisfied customers
The house we are buying is in escrow and they had an $85,000
Second opinion] The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
The house we are buying is in escrow and they had an $85,000
The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing. Now, they're s… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x