Legal Question in Consumer Law in Florida

contract cancelibility?

recently purchased a timeshare upon my wife's persistance. Within 3 days, my wife contacted the rep. that signed us up and our personal concierge regarding the fact that we need to downgrade on our timeshare. My wife suffers from sever boughts of depression often with a bipolar like personality. She contacted this rep. via email stating her distress over this decision and wanted to revert back to a similiar first offer we had. She told we could and give her call. My wife having a hard time coping with stressful events that she feels responsible for did not answer or call this rep. yet contacted her several times via email with this request. Never once being told there was a 10 day window and we had missed it.. My wife assuring me everything ok until this past week. I called the rep and was then informed their was nothing she could do we would have to contact corporate to see if they would change it. Wonder if I have any recourse in this matter. I have realized my wife's true state of mind after checking into other personal affairs. My wife as always handle all paperwork. I had no idea the true state of our affairs until the last couple weeks. Do I have any options at this point at all??


Asked on 12/19/07, 11:55 pm

3 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: contract cancelibility?

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.

Legally, you have lost any rights to cancel the contract that there might have been. You should still try to convince the sellers to cancel or downgrade your agreement, however. You have nothing to lose by trying.

Scott R. Jay, Esq.

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Answered on 12/20/07, 12:15 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: contract cancelibility?

Having signed a contract and not followed its terms, your rights are few. There is a theory called promissory estoppel that might operate to extend the time to downgrade because of the promise made, upon which she relied, to downgrade the purchase. It is a long shot and would depend what is in writing from the sales person or what you could prove she said. You best bet is to contact the seller and see if they will give you a break. They may, since you are not cancelling entirely. You should probably not have you wife doing paperwork if she has a condition that prevents her from doing it properly.

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Answered on 12/20/07, 7:59 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: contract cancelibility?

I agree with the other counsel. However, it may also help if you hired an attorney to write a demand letter and lay out the facts and note (even if bluffing) that if they don't assist you then you will file suit against them asserting promissory estoppel and fraudulent inducement. If you would like to contact my office, please feel free to do so.

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Answered on 12/20/07, 4:12 pm


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