Legal Question in Consumer Law in Florida

Vacaton Club Contract

We signed a vacation club contract on the 21st. It said we had 3 days to cancel, however, we were not given access to the website (which we were told would answer many of our questions) until the 29th. Once we had access we discovered that many of the claims made at the presentation were not exactly as as stated. Can we cancel?


Asked on 7/01/07, 6:14 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Vacaton Club Contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. Three days means three days. If you could not get access to verify the information, you should have cancelled immediately to preserve your rights.

Scott R. Jay, Esq.

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Answered on 7/20/07, 12:02 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Vacaton Club Contract

They are tough to get out of. It is hard to prove that you were fraudulently induced to enter the contract. The first think to look at is whether what is on the web site differs from the contract that you signed. In it you will almost certainly see a provision that all terms of your deal are in the contract and you cannot rely on what was told to you before signing.

In hindsight -- which is always 20/20 -- you should have cancelled within the 3 days provided and told them it was because you did not have access to the web site to confirm their promises.

Call right away, you may get lucky and they may let you out or clarify what your deal is.

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Answered on 7/01/07, 8:45 am


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