Legal Question in Real Estate Law in Utah
Cancelling a Timeshare
How can I cancel a contract for purchase and sale of a timeshare interest? I signed the contract dated Dec 16, 2004. I sent them a letter of cancellation certified letter with return receiopt dated January 5, with date of delivery on January 10. I have received a letter back from the Timeshare Company stating ''your state mandated rescission period has expired.
I have cancelled all future payments, however, I need to get it cancelled legally.
1 Answer from Attorneys
Re: Cancelling a Timeshare
The terms of your purchase agreement govern how you may cancel a purchase. Usually there is only a three day right to rescind these kinds of contracts. You should read the contract to be sure there are no other rights. Absent anything in the contract, you may only rescind a contract based on their fraud or intentional misrepresentation; or lack of capacity on your part (i.e.you ar eunder age, mentally infirm).