Legal Question in Consumer Law in Virginia

Time-share cancellation, postmark

My husband and I signed a time-share ownership contract in Arlington, VA on the evening of March 19th for partial ownership in a resort in Las Vegas, Nevada. We sent a certified mail, return receipt, letter cancelling the contract and all our obligations on March 22nd. They did not sign the return receipt until March 29th. They say we did not meet the rescission period because the day they signed for it was not within the 7 calendar day period provided by applicable law. The contract states: . . .any such notice sent by certified mail shall be effective on the date postmarked''. So is the postmark, for contract rescission purposes, the day I mailed it or the day they signed the return receipt copy?


Asked on 4/03/04, 7:46 pm

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Time-share cancellation, postmark

In general, the cancellation is effective when mailed if it is ultimately received. That is blackletter law regardless of what the contract says. However, you do have to see what the contract says about which State's law governs. Maybe Nevada law. And you need to confirm this under Nevada law.

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Answered on 4/04/04, 5:10 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Time-share cancellation, postmark

If the effective date of the recission notice

were permitted to be the date these "scam share peddlers" got around to signing the green receipt card, how many of these bogus deals do you think would ever get cancelled? Probably, zip!

The only logical answer to your question is that the efffective recission date is the date that the certified notice is postmarked immediately after you deposit it with USPS authorities.

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Answered on 4/04/04, 12:07 am


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