Hello, I want to rescind a HGVC timeshare (points) we purchased on Dec 2 in Orlando. Florida allows 10 days but there is an addendum in our agreement that shows the rescission period in Our state of Delaware is 5 days (today). Which time will be honored. The fine print says that if the rescission period in the purchasers state is more than the state of the sale, the longer period applies. It doesn’t say which period of time the purchaser has if their state’s rescission period is shorter. Any advice is appreciated.
The law of the state in which the contract was
executed is all that really matters. A developer can
attempt to get cute by contriving their own separate "addendum", but any such lame effort cannot and will not supersede applicable state law. Where you live matters
not one bit anyhow. For example, someone residing entirely outside the U.S., even if they reside somewhere with
no contract rescission laws or provisions, would
still have available to them the rescission rights provided by U.S. state law (Florida, in this particular instance under discussion) where the contract was actually executed.
Get your rescission postmarked and on its' merry way if not done already, as you have only two days remaining to exercise your rescission rights as provided by applicable state (Florida) law.
I would personally
expect such slimy sales weasel behavior from Westgate or Wyndham, but I am frankly a bit surprised to see it from HGVC. I suspect that this might actually be an effort by
local rogue sales weasels; I cannot imagine that Hilton would ever knowingly allow or tolerate their sales force taking such egregious and inappropriate liberties with state law(s).
