Legal Question in Credit and Debt Law in Texas

consumer cancellation rights

I live in Texas and joined a vacation club at an office in TX. The vacation club is located in Kentucky. The member appl. listed the club with KY address. The acknowledgment and bylaws I signed lists KY address and states that KY law is applicable and binding and that venues for disputes will be arbitrated in the state. The contract has the disrtibutors address in Illinois. KY law states that for vacation clubs consumers have the right to cancel their membership within 30 days and shall be refunded the entire (pro-rated minus any services rendered) cash price and fees of the membership. The contract says we had 3 days to cancel and a refund will issued minus processing fees and a 15% restocking fee. My question is which law governs this process? Is it TX law where the transaction was made? Is it KY law which is where club that we applied to is located and where the ack./bylaws we signed were bound by? Is it ILL law which is the address of the distributor located on the top of the contract? We cancelled the next business day and were told we'll be charged $600 in fees. We are trying to fight the charges on the argument that we should be under KY law. We are disputing charge for a complete refund. Please help!


Asked on 11/13/07, 8:45 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: consumer cancellation rights

According to the terms of your contract, it sounds reasonable that you would proceed under KY law, and you might want to repost this question directed toward KY lawyers ('law pertains to').

Good luck.

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Answered on 11/14/07, 7:37 am


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