Legal Question in Real Estate Law in Texas
Misrepresentation of Resort Time Share
I bought into a time share at a resort (condos). At the time of the tour the sales people lied about several things. I did not find this out until two weeks later when I tried to use the resort. I now want my down payment back. In the very least just to get out from under this. They say I exceeded my six day time period and there is nothing they can do. Don't I have the right not to be lied to? What can I do about this?
1 Answer from Attorneys
Re: Misrepresentation of Resort Time Share
"Caveat emptor" or 'let the buyer beware' is still good advice in this society. It gets complicated in the area of sales, contract and consumer law, as "puffery" or exaggeration is not illegal and not viewed as a "lie." Exactly what is a lie and what is puffery is what gets complicated.
It is difficult to tell how a judge or jury is going to answer this question. Also, since undoubtedly these statements do not appear in writing, the burden of proof is difficult to meet. It gets into a "he said-she said" and those are tough.
At least the cost of tuition in this life's lesson can be limited to your downpayment if you have allowed more than 72 hours to pass since you signed up.
Get it fully in writing the next time if you want to be safe.
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