How is rescission rights date & time for contract calculated for California?

[Anand Vaidyanathan]

I need some advise on rescission rights date & time cutoff for contract calculated for California.
- I signed a contract with Diamond Resorts to purchase timeshare points on 6/3/17.
- By 6/8/17 I made a decision to cancel contract.
- My contact in Diamond Resorts who has been following up with me was going to call me back regarding my purchase on 6/9/17 and I was going to convey my decision and follow due process to cancel my contract.
- Unfortunately Diamond Resorts rep's call to me on 6/9/17 were from "No Caller Id" and during times when I could not pick up his calls. The voicemails left for me had no callback number to reach the rep.
- I waited all day on 6/10/17 to get a callback but since didn't get a callback signed my rescission rights form same day so that I can send it to Diamond Resorts as soon as I could
- I faxed the letter first thing on 6/11/17, emailed on 6/11/17 to Diamond Resorts emails who coordinated my presentation and on 6/12/17 sent a certified email to Diamond Resorts
- On 6/19/17 I got a letter from Diamond Resorts saying "The cancel request has been confirmed o be outside of the Rescission Period. Regrettably, we are unable to fulfill your request to cancel"
- On 6/20/17 I called Diamond Resorts Finance dept and was told there is nothing they can do since they were not informed about cancellation within the Rescission Period.

Please suggest what are my option to cancel my contract

 

[Passepartout]

Unfortunately, you're out of options. You have 7 business days to mail a rescission letter. The postmark on the letter is the determining time stamp. Not to beat up on you, but the 'contact who has been following up' has no interest in helping you rescind. Their entire job is to either make you change your mind OR delay your rescission until the time passes that rescission is allowed. It would have fallen to you to have a letter postmarked by Sat, 6/10 to be valid.

It appears that you are a new timeshare owner. Welcome to TUG. At this stage just hang around here and learn to use what you bought. DO NOT sign up with ANY outfit, law office, or anything else that promises to 'get you out' of your timeshare! They are all scams designed to take your money. Once they get that, they disappear with your money and you still own the timeshare.

Sorry for the news. If it's any consolation, half of TUGgers bought their first timeshare from the developer, and we are overwhelmingly happy to use them.

Jim

 

[Anand Vaidyanathan]

Unfortunately, you're out of options. You have 7 business days to mail a rescission letter. The postmark on the letter is the determining time stamp. Not to beat up on you, but the 'contact who has been following up' has no interest in helping you rescind. Their entire job is to either make you change your mind OR delay your rescission until the time passes that rescission is allowed. It would have fallen to you to have a letter postmarked by Sat, 6/10 to be valid.

It appears that you are a new timeshare owner. Welcome to TUG. At this stage just hang around here and learn to use what you bought. DO NOT sign up with ANY outfit, law office, or anything else that promises to 'get you out' of your timeshare! They are all scams designed to take your money. Once they get that, they disappear with your money and you still own the timeshare.

Sorry for the news. If it's any consolation, half of TUGgers bought their first timeshare from the developer, and we are overwhelmingly happy to use them.

Jim

Thanks Jim for your response. In California do I have 7 business days or 7 calendar days. If it is business days then I was within 7 business days to send email, fax and certified mail.

 

[emyshor75]

Thanks Jim for your response. In California do I have 7 business days or 7 calendar days. If it is business days then I was within 7 business days to send email, fax and certified mail.

According to this link: http://tugbbs.com/forums/index.php?...erals-offices-and-or-related-contacts.102785/
You have 7 days, not 7 business days.

 

[DeniseM]

I believe it is 7 calendar days.

Question: Were there rescinding instructions in your packet, and did you follow those instructions regarding the mailing method and the address to send them to?

I would send the State Attorney General a very brief and to the point letter stating that you followed the legal procedure to rescind within 7 days (include a copy of the letter and a copy of your mailing receipt) and I would copy the letter and send it to Diamond as well - FAX and Certified.

If it is within your means, you may want to have an attorney write a letter to Diamond for you - usually about $100.

California

Website: http://www.ag.ca.gov/

Email: not available

Phone: (800) 952-5225

Mailing Address: Attorney General’s Office California Department of Justice Attn: Public Inquiry Unit P.O. Box 944255 Sacramento, CA 94244-2550

Consumer Protection: http://ag.ca.gov/consumers/general.php

Online Complaint form: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL

Rescission Period: 7 days​

 

[davidvel]

A few questions to help you further, and possibly get you out:
Is the timeshare in California or did you sign the contract in California?
If so, did you receive a Public Report (LINK: DIAMOND RESORTS US COLLECTION) and a form: "Notice of Cancellation Rights (Time-Share) RE 615"?

 

[Passepartout]

I think the only time the difference between calendar and business days adds a day is if the last day falls on a Sunday. In this case the 7th day was a Saturday. Most businesses consider Saturday a business day. Some TSs might give the buyer the benefit of the doubt, but Diamond? They will likely play hardball.

Jim

 

[davidvel]

I think the only time the difference between calendar and business days adds a day is if the last day falls on a Sunday. In this case the 7th day was a Saturday. Most businesses consider Saturday a business day. Some TSs might give the buyer the benefit of the doubt, but Diamond? They will likely play hardball.

Jim

The California statute states "within seven calendar days..." (emphasis added.)

 

[emyshor75]

I went to a Wyndham presentation in Anaheim 3 weeks ago, I've said NO to all the packages, but I've got the Discovery pkg (20,000 points - $3129) after almost 4 hours of saying "NO". I've cancelled that after 2 days. The funny thing, those sales guys assured me that in CA the days for cancelling are 10 business days, but with the contract says very clear - 7 calendar days. If you don't read the contract and take the word of those sales guys, you think you have enough time to cancel it.

 

[Anand Vaidyanathan]

A few questions to help you further, and possibly get you out:
Is the timeshare in California or did you sign the contract in California?
If so, did you receive a Public Report (LINK: DIAMOND RESORTS US COLLECTION) and a form: "Notice of Cancellation Rights (Time-Share) RE 615"?

Contract was signed in California. Timeshare points are for Diamond Resorts club points which is not tied to a specific location. I did get public report and rescission rights (RE 615) as attached. I signed contract on 6/3/17 (Sat), signed rescission rights (RE 615) on 6/10/17 (Sat) and emailed & faxed rescission rights on 6/11/17 (Sun) and certified mail was sent out on 6/12/17 (Mon)

 

[WBP]

If you signed your P and S Agreement in California, and Diamond sold you "real estate," I believe your salesperson (? or designee) must be a California real estate salesperson, and I believe Diamond'a actions, and the actions of their salesperson are subject to rules and regulations of the California Bureau of Real Estate (CBRE). You should call the CBRE to confirm this.

If you believe that you have rescinded in a manner consistent with your contract, and California State Regulations, I would contact the California Attorney General, as suggested above, AND the California Bureau of Real Estate.

SEE: http://www.dre.ca.gov/consumers/filecomplaint.html

If Diamond has acted unscrupulously (been alleged by many), I would use every avenue to your avail to make every regulatory agency in California who oversees Diamond's business practices in California, aware of whatever (Diamond) unscrupulous business practices you may have been subjected to.

I think you would be prudent to not lay eyes or ears on anything associated with Diamond in the future. Be forewarned, in California Diamond operates an outfit called "Embarc," it's Diamond Poison of another name and flavor. Best that you stay clear of Embarc, as well.

 

[davidvel]

Contract was signed in California. Timeshare points are for Diamond Resorts club points which is not tied to a specific location. I did get public report and rescission rights (RE 615) as attached. I signed contract on 6/3/17 (Sat), signed rescission rights (RE 615) on 6/10/17 (Sat) and emailed & faxed rescission rights on 6/11/17 (Sun) and certified mail was sent out on 6/12/17 (Mon)

Sorry, but when you signed rescission is not relevant, its when you sent/faxed (if they had fax in contract) it. This is not legal advice to you, but unfortunately it appears that based upon this, you were at least a day late if you received the public report the same day you signed the contract. You may still want to consult with a lawyer with expertise in CA timeshare law to confirm you have no other options.