Hello all:
Just returned from Las Vegas where I stayed at the HGVC Flamingo on their VIP package which I purchased last year. I was required to attend a presentation, which I did, and I had every intention of saying no. Well, I wouldn't be writing this if I stuck to my guns. Here is what we got from HGVC
Home property...Flamingo HGVC
Annual Points....3400
Bonus Points.....8000 to be used over the next two years
Cost................$13900 minus the $1500 I payed for the VIP = $12,500
I signed the contract on Monday October 23rd. Today is Saturday, October 28. I decided this morning I would recind after reading posts here on TUGS. The way I calculate it, this is the 5th day and I didn't reach midnight, so the I figure I am still within the recision period.
Nevada Law states,
========
1. The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.
...
3. The notice of cancellation may be delivered personally to the developer or sent by certified mail or telegram to the business address of the developer.
============
I believe I am within the time frame but #3 is the sticking point. I am home now so I can't deliver the recision personally. It was after the post office closed, and being a Saturday, I can't do anything with certified mail. That leaves me the "telegram" option. What is a telegram in todays world?
I found the following definition in another section of Nevada law so I am assuming that "telegram" means the same across the board, at least from the perspective of Nevada law....
As used in this section, “telegram” includes every method of electric or electronic communication by which a written as distinct from an oral message is transmitted.
Sounds like from the Nevada law perspective, a telegram is simply an email and/or fax.
So, I took the recision form and my wife and I both signed it. I then scanned and converted the form into a PDF file. I then found the business card of my HGVC "Quality Assurance Manager" which was part of my paperwork and which has the address of the HGVC office, the email, and the fax number.
I sent an email with the recision PDF attached. I sent this email to BOTH the Flamingo HGVC AND to the Nevada state Bureau Of Consumer Protection. I made it clear that I only did that so that an independent third party would have a record of the actual time that I attempted to recind. I also stated in the email that I would follow up with a FAX of the recision form. I then faxed to HGVC my recision.
Being a Saturday, that seems to be the best I could do. But reading another post here on TUG leads me to believe I should follow one more step. It stated...
NEVADA RULE 26. COMPUTATION AND EXTENSION OF TIME
(a) Computation of Time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or a nonjudicial day, in which event the period extends until the end of the next day which is not a Saturday, Sunday or a nonjudicial day. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and nonjudicial days shall be excluded in the computation.
So it seems that I still have Monday to actually get to the post office and send the form via "certified mail".
Can anyone see anything I may have missed or can do to ensure that my recision does not fail due to some loophole?
Any help or advice will be greatly appreciated.
Larry
Indiana
Just returned from Las Vegas where I stayed at the HGVC Flamingo on their VIP package which I purchased last year. I was required to attend a presentation, which I did, and I had every intention of saying no. Well, I wouldn't be writing this if I stuck to my guns. Here is what we got from HGVC
Home property...Flamingo HGVC
Annual Points....3400
Bonus Points.....8000 to be used over the next two years
Cost................$13900 minus the $1500 I payed for the VIP = $12,500
I signed the contract on Monday October 23rd. Today is Saturday, October 28. I decided this morning I would recind after reading posts here on TUGS. The way I calculate it, this is the 5th day and I didn't reach midnight, so the I figure I am still within the recision period.
Nevada Law states,
========
1. The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.
...
3. The notice of cancellation may be delivered personally to the developer or sent by certified mail or telegram to the business address of the developer.
============
I believe I am within the time frame but #3 is the sticking point. I am home now so I can't deliver the recision personally. It was after the post office closed, and being a Saturday, I can't do anything with certified mail. That leaves me the "telegram" option. What is a telegram in todays world?
I found the following definition in another section of Nevada law so I am assuming that "telegram" means the same across the board, at least from the perspective of Nevada law....
As used in this section, “telegram” includes every method of electric or electronic communication by which a written as distinct from an oral message is transmitted.
Sounds like from the Nevada law perspective, a telegram is simply an email and/or fax.
So, I took the recision form and my wife and I both signed it. I then scanned and converted the form into a PDF file. I then found the business card of my HGVC "Quality Assurance Manager" which was part of my paperwork and which has the address of the HGVC office, the email, and the fax number.
I sent an email with the recision PDF attached. I sent this email to BOTH the Flamingo HGVC AND to the Nevada state Bureau Of Consumer Protection. I made it clear that I only did that so that an independent third party would have a record of the actual time that I attempted to recind. I also stated in the email that I would follow up with a FAX of the recision form. I then faxed to HGVC my recision.
Being a Saturday, that seems to be the best I could do. But reading another post here on TUG leads me to believe I should follow one more step. It stated...
NEVADA RULE 26. COMPUTATION AND EXTENSION OF TIME
(a) Computation of Time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or a nonjudicial day, in which event the period extends until the end of the next day which is not a Saturday, Sunday or a nonjudicial day. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and nonjudicial days shall be excluded in the computation.
So it seems that I still have Monday to actually get to the post office and send the form via "certified mail".
Can anyone see anything I may have missed or can do to ensure that my recision does not fail due to some loophole?
Any help or advice will be greatly appreciated.
Larry
Indiana