Legal Question in Consumer Law in Florida

3 day Cooling Off Period for Vacation Club Membership

I signed a contract and paid the membership fee last night with Great Escape Vacation Club. We have changed our mind today and want to cancel the contract. There isn't a termination clause in the contract. Can we back out under the 3 day cooling off law? We received a mailer offering 2 free airline tickets to sit through the presentation. We called to schedule the appointment just for the free tickets, but cancelled when we couldn't take our infant. They called several times to try to reschedule. We finally agreed and went to their office for a persentation and signed up for the membership the same night. We were hurrying through the information to get home to the baby, but now don't feel that the timing for this package is right. There was a question you initial that you weren't pressured into the agreement. Can we back out and get a refund? The paperwork says it takes the company 14 - 21 days to process your membership.


Asked on 11/03/07, 1:32 am

4 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: 3 day Cooling Off Period for Vacation Club Membership

There is no 3 day cooling off period. Unfortunately, you are stuck.

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Answered on 11/03/07, 7:33 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: 3 day Cooling Off Period for Vacation Club Membership

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.

There is no 3 day cooling off period under Florida law except for door to door sales. You do not have a legal right to cancel or terminate the contract and get a refund. What you might be able to do, however, is cancel your check if it has not been deposited and then let the company decide if they will come against you for breach of contract.

Scott R. Jay, Esq.

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Answered on 11/03/07, 1:37 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: 3 day Cooling Off Period for Vacation Club Membership

While there is no applicable 3 day cooling off period in Florida, there may be law on the federal level, since apparently they are selling to out of state buyers. You should contact an attorney immediately to collect sufficient detail to see if there is a valid contractural reason to rescind the agreement and demand a refund. The sooner you act the better.

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Answered on 11/03/07, 2:05 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: 3 day Cooling Off Period for Vacation Club Membership

Everyone is right about there not being a 3 day cooling off period. However, it sounds like you might have been pressured into the deal. A demand letter from an attorney to the seller might get them to let you out of your contract. If you would like to discuss this further, please call my office.

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Answered on 11/04/07, 11:12 am


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