Legal Question in Real Estate Law in Michigan

An internet time share listing company (Vacations & Resorts from Atlanta, Ga) called us and INSISTED they had a buyer for our time share who had put a down payment on it 8 months ago and was waiting for us to complete the paperwork; but first we had to sign with Vacations & Resorts to complete the paperwork & sale. When their "paperwork" was e-mailed, it stated that they did "not have a specific buyer/renter at the present time." I questioned it, they said "it was just a standard general paper" to get us listed with them in order to complete the sales. I was almost convinced till they then sent us a paper to sign saying we "would not dispute the transaction in the future". That sounded wrong, so I signed NO papers what-so-ever and called, e-mailed & faxed a cancellation; but they have a recording of the initial ok with my credit card. Their final paragraph in their Authorization paper says (and I quote):

"YOU MAY CANCEL THIS AGREEMENT FOR VACATIONS AND RESORTS MARKETING AND RESALE SERVICES WITHOUT OBLIGATION WITHIN SEVEN (7) BUSINESS DAYS FOLLOWING RECORDED VERBAL VERIFICATION. THEREAFTER, THIS IS A ONE TIME NON-REFUNDABLE FEE TO CANCEL THIS AGREEMENT. A WRITTEN REQUEST MUST BE SENT VIA MAIL, FAX OR E-MAIL TO OUR COMPANY, VERBAL REQUESTS WILL NOT BE HONORED." I read this paragraph as my fee should be refunded when cancelled within the 7 days and would not be refunded if after the seven days. I cancelled within 5 days and they are telling me that this means it will not be refunded at all because it is a one time non-refundable fee. Where do I stand on getting the $2000 fee credited back to my card?


Asked on 10/05/10, 5:45 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You will have a good chance of getting a refund for the fraudulent charges if you act quickly. First, file a dispute immediately with your credit card company for the charge. Take notes, get names, record the date, time and phone number called. Follow up immediately with a written notice of dispute, referencing the phone call details. Mail this to the address on the BACK of your credit card bill (for disputes and correspondence) and NOT to the bill payment address. Keep copies of all correspondence. Second, hire a real estate attorney to contact the time share company. The longer you wait to take affirmative action, the more likely you are to have the company disappear into the night with your money.

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Answered on 10/11/10, 5:28 am


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