Legal Question in Consumer Law in Texas

A timeshare contract was not fullfilled by timeshare co

we signed a contract for a timeshare with the timeshare co, not an individual. six mon later salesman came to our house and sold us an upgrade. six wks later when we were to take our wk vacation with 2 children who had taken time from work and 2 grandchildren ages 10,5. I called to confirm the day before dep.that minor mistakes made by salesman had held up the contr. so we would not be able to go. they had a chance to rectify the problem with a comp wk but they would not. the salesman had the papers for 5 wks but did not try to correct them. I wrote a cancellation letter to try and recover my dn. pmt. I recieved a portion of it. I stated in the cancellation letter that i was cancelling the original contract due to inability to upgrade. they told me that i could not cancell the original contract. we are so angry with them that we will not be able to use their facilities and do not want to do any more bus. with them. is there any way to get out of this mess. we paid 935.00 dn on original. the dn pmt of 531.25 on the upgrade we did not recieve,we recieved 100.39 back. is this breach of contract? is this deceptive trade? is there an alienation of property?


Asked on 9/25/02, 10:18 am

1 Answer from Attorneys
Bradford Downs Bradford K. Downs, Jr. Attorney at Law

Re: A timeshare contract was not fullfilled by timeshare co

It sounds like there is a breach of contract by the company. I would need to review the contract. There may also be some violations of the Texas Deceptive Trade Practices Act. It sounds like you may have some reliance damages. If the company is allowing you to cancel the contract and is not refunding your deposit you should have an attorney send them a demand letter. If that doesn't work, it sound like a good case for small claims court.

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Answered on 9/25/02, 10:36 am


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