Legal Question in Consumer Law in California

timeshare cancellation

With no experience of timeshare practices and under much pressure, we bought a timeshare in Los Cabos, Mexico based on the resort's sales team's verbal assurance that we had 30 days to cancel a contract, minus a non-refundable $ 1600 deposit. Upon our return, we contacted their U.S. custodian company based in California who indicated there was no such cancellation period and that we were beyond a 5 day , no-penalty cancellation period which we were not informed of by the sales team (despite us asking), but written in fine print on the back of a single page of the pile of papers given us. We want a full refund of the downpayment and immediate cancellation of the contract since we were given fraudulent (verbal) information on which we made the purchase. The Custodian stated we can opt out of the contract by signing a ''voluntary surrender'' letter, but that we would not get any refund of the down payment. Is there such a thing as this ''voluntary surrender'' letter? I am very suspicious since we trusted the sales team to give us accurate info, but now find ourselves in this unpleasant situation. We don't want to rest in this letter, only to hear from a collections agency later. What legal forms should I ask for?


Asked on 6/19/07, 9:16 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: timeshare cancellation

Verbal means nothing. It's what's in the written contract that counts. Now you know. RTFC.

Read more
Answered on 6/19/07, 9:39 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: timeshare cancellation

Unless you can prove they made these statements, it becomes your word against theirs. And, my guess is their contract says it can only be modified in writing, not verbally. You will be stuck with the contract.

Ask them for a copy of the voluntary surrender letter and then have it reviewed by an attorney before you sign it.

Read more
Answered on 6/19/07, 11:27 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: timeshare cancellation

Depending upon the relationship between the CA company and their agents in Mexico, you may have a valid defense under California's unfair and deceptive business practices law. Surely in my opinion, it is worth exploring your legal options before signing the voluntary surrender form.

I would be willing to discuss your case to see how I may be of assistance.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

Read more
Answered on 6/20/07, 11:50 am


Related Questions & Answers

More Consumer Law questions and answers in California