Legal Question in Consumer Law in Florida

Can I cancel a timeshare contract?

I bought a timeshare. I called on the phone 2 days later to cancel. I was misled. The person who responded on the phone said, ''Oh, we have a problem. You can't cancel with real estate.'' I was so upset, so she offered me a cheaper deal. I reluctantly said yes. I was sent the contract and realized (how did I miss it on the first one? Because I'm stupid) that I can cancel - 10 day cancellation policy in writing. So I called again. But she said now the 10 days was past. She said she never said I couldn't cancel - rather something like I'd lose the closing costs. I said I'd take the closing costs loss. She said no and offered me a cheaper deal. At this point, they're sending cheaper papers. But I called the credit card and disputed the charges and plan to cancel. Should I cancel or am I stuck?

Thank you.

Asked on 2/15/04, 7:59 pm

1 Answer from Attorneys

Kevin Begley Kevin J. Begley - Attorney at Law

Re: Can I cancel a timeshare contract?

2 suggestions:

1) Sicn the new papers for the 'better deal', then cancel in writing by First Class Mail and Cert. Return Reciept ~ 5-7 days later (to be sure they recieved the new deal paperwork).

2) Call the attorney general for Florida and complain about their deceptive trade practice, cc: the time share people, and threaten a civil suit (check the FL Consumer Fraud Act, you mey be able to use in in this case) for deceptive trade practices, fraud in the inducement, fraud, and who knows what else (you will most likely need a FL atty's assistance). They may give your money back and cancel the deal, because the squeaky wheel gets oiled (most of the time).

Good luck,

Kevin J. Begley

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Answered on 2/16/04, 5:26 pm

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