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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: 7 months ago.Category: Real Estate Law
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Customer reply replied 7 months 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 7 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,922
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 7 months 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)

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Real Estate Lawyer: legalgems, Arbitrator replied 7 months ago

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