Legal Question in Real Estate Law in New York

Clarification of right to cancel timeshare

I just recently bought a timeshare on 4/10/07 in VA, I am having second thoughts, and contract states right to cxl until midnight of seventh calender day following execution of the contract. Is my expiration time tonight(4/17/07) at midnight or did it pass on 4/16/07 midnight, I am confused on what a calender day means.

Please reply ASAP!!!!!

THANK YOU


Asked on 4/17/07, 10:37 am

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Clarification of right to cancel timeshare

Based on the contract info you provided, it appears that expiration of your time to cancel is, BEFORE midnight on 4/17/2007.

"Calendar day" generally means the ACTUAL number of days FOLLOWING an event, W/O INTERRUPTION for weekends, holidays, non-business days or other event.

If you have ANY doubts about your Time Share Agreement, CANCEL IT, ASAP!!!! And, DO EVERYTHING the Seller or Agent indicates is necessary to Cancel. Also, obtain written verification and proof that your CANCELLATION timely completed, was accepted.

Please note: Once you are committed, Time Share Agreements are virtually impossible to cancel or transfer.

Good luck,

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Answered on 4/17/07, 1:33 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Clarification of right to cancel timeshare

I agree with Phroska that the day of execution does not count as one of the days, but that it is 7 days thereafter, which means midnight tonight. As Phroska stated, make sure you follow all procedures correctly and do everying in accordance with the instructions.

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Answered on 4/17/07, 2:48 pm


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