rescind timeshare contract

Hello-
We are 2 days past our timeshare rescission period, but just realized today as we were planning our 2010 trip that our contract excludes weeks 51 and 52. We were never told of this, in fact, our salesperson knew that we would most likely be planning Christmas vacations each year. We would not have purchaed the timeshare if we knew this was the case. I called the sales office and they tell me it's too late. Any advice?

Hi and welcome to TUG!

If you are past your rescission period, you are basically stuck.

All that counts is what is in writing in your purchase documents - verbal promises will not hold up in court, and TS sales people are infamous for saying (or not saying) whatever it takes to make the sale.

Exactly what day did you sign the contract? In Hawaii, you have 7 days to rescind.

I see that you bought from Marriott - I will move your post to the Marriott forum, where you will get expert help!

unfortunately you are two day beyond the rescind period..

live and learn.. we call that the school of hard knocks here.. lots have gone through the same school so you are not alone..

welcome to tug..

I know I must sound like a whiner because the worst that happens is we enjoy Maui at a different time of the year. The resort is absolutely georgeous. But, I hate the fact that we were mislead. Well, if anyone knows of anything else we can do, or someone we can call, please let me know.
p.s. we signed on 1/3 so our 7 days were up on the 10th. boo.
Best regards.

Check the wording in your contract but it's normally business days not calendar days.

I would send them a rescinding letter anyway, staying what you wrote here, and also inform them that you will be reporting them to HI Real Estate Regulatory Board (if there is such a thing) if they do not cancel the purchase. It can't hurt...

jimf41 said:

Check the wording in your contract but it's normally business days not calendar days.

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Yes, great thought. The contract just says 7 days (doesn't specify which). I asked the sales manager and she said it was calendar. I actually looked up the HI statute and it says "up to 7 days."

LisaH said:

I would send them a rescinding letter anyway, staying what you wrote here, and also inform them that you will be reporting them to HI Real Estate Regulatory Board (if there is such a thing) if they do not cancel the purchase. It can't hurt...

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Hm, that's a thought. The sales manager promised to "look into it" and discuss with our sales rep. She said she'll get back by week's end, but I know the farther it gets from the rescission date, the worse it probably is for us.

Most resorts sell week 51 and 52 at a much higher rate than the other weeks because these weeks are the most demanded. I believe that weeks 51 & 52 (Christmas and New Year's) at Marriott Maui 2 bedroom/2bath units sold for about $48,000 initially, but I'm not sure. They sold out rather quickly.
Welcome to timesharing. Read everything you can from tis website and you will find out everything you need to know for optimizing the use of timeshare.

Send the Letter

Send the Letter!
The worse thing that can happen is that you in the exact same situation you are in now.

If they still stay know, this is a good time to meet your local newspaper/TV reporter. I am sure they have a consumer watchdog at one of them.

Tell them your story, show them the letter you sent at 7 business days and then let them go to work.

Again, the worse thing that can happen is you are exactly in the same situation you are in now.

Do you really want to rescind?
If weeks 51 & 52 are that impt to you, you can always try to "trade back in" through II. So, look @ the demand Index for your resort & reserve a week w/ very high trading value for 2011. Maybe Pres Week? The time to call for that is soon...Feb 18, 2010, I think. Or Wed. Feb 17, 2010 if you have Thursday Check-in @ your resort (i.e., 12 months before Thurs, Feb 17, 2011). Then use that 2011 week to try to trade back in for week 51 or 52.

Another thought: Weeks 51 & 52 , 2010 are probably already taken as other Owners had the opportunity to reserve them in Dec, 2009 & for multiple week owners in November, 2009

Smooth Air

Don't Give Up

I would argue for a more aggressive approach.

First thing you should do is review your contract carefully - and educate yourself by reading about Marriott and timeshares on TUG. Then file a complaint with the Better Business Bureau. You will probably discover that the salesperson made numerous misrepresentations to you [I'm not asking you to make anything up - I suspect you will discover that Marriott was less than honest with you, as you learn more.]. The time limit for recission does not apply to your right to sue for fraud.

The BBB will try to help you resolve the issue. Marriott will want to preserve its rating with the BBB so it will have some incentive to negotiate with you. And file the recission letter, even if the time has lapsed.

I was really unhappy after I learned that my salesrep had lied to me. I threatened to sue and that led to a negotiated new contract (a better deal, but I should have just insisted on getting my money back).

If the BBB is unable to help you, then you should consult with an attorney. He or she may be able to give you some good advice - but obviously the cost for a lawsuit would be problematic.

Good luck.

Attorney Generals

You should also consider seeking help from the Attorney General's office in your state. Here is a great thread offered by TUG.

http://www.tugbbs.com/forums/showthread.php?t=102785

Smooth Air said:

Do you really want to rescind?
If weeks 51 & 52 are that impt to you, you can always try to "trade back in" through II.

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You can't "always" trade back in through II - these are VERY high demand weeks.

If weeks 51 and 52 are really that important to you and you want to be owners at this resort, contact the sales manger and ask if they can upgrade your contract to one that includes those weeks. I'm sure it has not closed yet so this should be a possibility. Of course, as mentioned earlier, these are event or holiday weeks and they sell for a premium. Sometimes a rather steep premium. But if it's what you want it may be worth it to go this route.

Thanks everyone for your comments. I really appreciate all the feedback. Wish I knew about this site before we purchased! Best regards.

I don't understand how they can mislead you about your reservation season. As others have said, the time period you want is the Platinum Plus season which is much more expensive. If you told them you wanted to travel only during the Christmas season, they would have tried to sell you that season instead. Hmmmmm.

If you really want Platinum Plus season, i'm sure you can strike a deal with the Sales Manager to pay the difference in price since you just purchased the unit. They'd love to sell you the more expensive time period!

dougp26364 said:

If weeks 51 and 52 are really that important to you and you want to be owners at this resort, contact the sales manger and ask if they can upgrade your contract to one that includes those weeks. I'm sure it has not closed yet so this should be a possibility. Of course, as mentioned earlier, these are event or holiday weeks and they sell for a premium. Sometimes a rather steep premium. But if it's what you want it may be worth it to go this route.

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Personally, I think giving the sales manager a call and explaining you thought you were purchasing plat plus and are willing to pay the price for plat plus, I can not imagine the sales manager wouldn't change the contract. If you are looking to get plat plus for the price of non plus, I think you will have a fight on your hands. Ultimately, it is the buyers responsibility to be sure that what they are signing is what they want and were promised. That is one of the purposes of the rescission period along with giving the buyer an out for the purchase altogether.

Good luck.

Beverley

Smooth Air said:

Do you really want to rescind?
If weeks 51 & 52 are that impt to you, you can always try to "trade back in" through II. So, look @ the demand Index for your resort & reserve a week w/ very high trading value for 2011. Maybe Pres Week? The time to call for that is soon...Feb 18, 2010, I think. Or Wed. Feb 17, 2010 if you have Thursday Check-in @ your resort (i.e., 12 months before Thurs, Feb 17, 2011). Then use that 2011 week to try to trade back in for week 51 or 52.

Another thought: Weeks 51 & 52 , 2010 are probably already taken as other Owners had the opportunity to reserve them in Dec, 2009 & for multiple week owners in November, 2009

Smooth Air

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Sure they should want to recind - despite the fact that maybe they can trade in - resale is much, much cheaper - something, OP, that many of us didn't know before we bought our first t/s, so don't feel badly.

However, if you can find a loophole - get out and buy resale.

Write the letter. Give it a try. And please - report back to tug to let us know what happened.

It's possible there were no more Weeks 51 & 52 for Marriott to sell.

Cheers!

NWL said:

It's possible there were no more Weeks 51 & 52 for Marriott to sell.

Cheers!

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Good thought ... always a possibility

Beverley

ps Hi Ellen

Beverley said:

Good thought ... always a possibility

Beverley

ps Hi Ellen

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Hi Beverley!!! Hi EVERYONE!!!