DRI Sampler purchased in Hawaii

[Gooseman]

We bought the 20k sampler package in Hawaii. The contract says we can cancel in 7 days if we send written notification to DRI in Las Vegas, which I have done. I hope we are ok. If not i will dispute the $3995 charge with my credit card company using the terms of the contract as justification... I hope it works out but I think we are on solid ground.

I’m surprised to read on this site that people say Hawaii has no rescission period on samplers, that was not my experience.




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[Gooseman]

We bought the 20k sampler package in Hawaii. The contract says we can cancel in 7 days if we send written notification to DRI in Las Vegas, which I have done. I hope we are ok. If not i will dispute the $3995 charge with my credit card company using the terms of the contract as justification... I hope it works out but I think we are on solid ground.

I’m surprised to read on this site that people say Hawaii has no rescission period on samplers, that was not my experience.




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OP here - since we are from CA I wonder if that’s why we got that 7 day clause added to our contract? (Of course the salesman never mentioned it to us)


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[izzymail]

Not sure...I got mine in Las Vegas and there is no rescission period in NV. Congrats, much easier than what many of us have had to do to get them cancelled!

 

[TUGBrian]

is a very large thread in the DRI forum about the sampler package...some of them push back on owners far more than others...while many allow rescission without question.

we always suggest standing firm and continuing to press them to allow you to rescind under state law!

 

[TUGBrian]

Not sure...I got mine in Las Vegas and there is no rescission period in NV. Congrats, much easier than what many of us have had to do to get them cancelled!

the state law in Nevada is 5 days...regardless of what anyone tells you.

 

[izzymail]

the state law in Nevada is 5 days...regardless of what anyone tells you.

The sampler is not considered a real estate or timeshare purchase so they do not follow the recession laws. Don't know if that's legal, but that's what they do, and unlike other states who apply rescession periods to packages like the SAMPLER, the documents in NV clearly indicate that no cancellation allowed. Those of us who have received refunds have gotten them through BBB complaints.

 

[Gooseman]

I bought in Hawaii and am a CA resident. The contract clearly says I have 7 days to cancel the sampler....


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[bobpark56]

We bought the 20k sampler package in Hawaii. The contract says we can cancel in 7 days if we send written notification to DRI in Las Vegas, which I have done. I hope we are ok. If not i will dispute the $3995 charge with my credit card company using the terms of the contract as justification... I hope it works out but I think we are on solid ground.

I’m surprised to read on this site that people say Hawaii has no rescission period on samplers, that was not my experience.




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We did that successfully back in May. You may have to nudge DRI a time or 2 to get them to move in this. In our case they sent the paperwork to an outfit in England. That seemed to add to the delay a bit, but they did finally act on on our request to rescind...after I asked them to please reread the contract language on rescinding.

 

[TUGBrian]

The sampler is not considered a real estate or timeshare purchase so they do not follow the recession laws. Don't know if that's legal, but that's what they do, and unlike other states who apply rescession periods to packages like the SAMPLER, the documents in NV clearly indicate that no cancellation allowed. Those of us who have received refunds have gotten them through BBB complaints.

yes, we have had many reports that diamond tries to make this claim, but we still stipulate that when push comes to shove the law would favor the consumer here. selling a timeshare product while "not" calling it a timeshare is utterly ridiculous.

plus the fact that so many others have had no problems rescinding their sampler packages, just like other timeshare scammers...all of this reads like they hope owners will just roll over and take it vs stick to their guns and demand the rescission within the state regulated laws, and certainly assume owners wont report it to the AGs office(which we urge any and all who have been told they CANT cancel within the proper state law time period to do so).

 

[Fredflintstone]

The sampler is not considered a real estate or timeshare purchase so they do not follow the recession laws. Don't know if that's legal, but that's what they do, and unlike other states who apply rescession periods to packages like the SAMPLER, the documents in NV clearly indicate that no cancellation allowed. Those of us who have received refunds have gotten them through BBB complaints.

The reason why is the wording of the Act is literal. In essence you aren’t buying a timeshare or completing a real estate transaction and therefore doesn’t follow real estate legislation.


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[Fredflintstone]

And yes Brian, I think the sampler strategy is slimy...for the record.


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[TUGBrian]

I also dont believe it would hold up for one minute if push came to shove, thus why DRI allows owners who stand their ground to rescind as they should be legally allowed to.

 

[Gooseman]

I bought in Hawaii and am a CA resident. The contract clearly says I have 7 days to cancel the sampler....


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Well, the cancellation/recission letter arrived at Diamond's Las Vegas office today. Since my contract is so clear about the 7 day cancellation period, if they give me a hard time I'll just dispute the charge with my credit card company (Chase).

 

[Gooseman]

Well, the cancellation/recission letter arrived at Diamond's Las Vegas office today. Since my contract is so clear about the 7 day cancellation period, if they give me a hard time I'll just dispute the charge with my credit card company (Chase).

Wow... I have to say I am quite surprised. I received the following email the same day that my recission letter arrived in Las Vegas.

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Dear Member:



We are in receipt of your cancellation request with THE Sampler. Please accept this email as confirmation and assurance our team will be diligently working to review the rescission terms of your vacation ownership purchase (the “Agreement”) to determine contract cancellation details.

During this period, please allow 7-10 business days to complete the cancellation process. To avoid any delays with the cancellation process, we ask for your cooperation to refrain from submitting disputes to your credit card company or bank. If you are entitled to a refund, a credit will be issued back to the credit card previously tendered or a refund check will be issued based on the method of payment.

Once your contract has been officially cancelled, a confirmation cancellation status letter will be mailed to you.

Please feel free to contact our Member Services department at 877.DRI.CLUB (877.374.2582) with any questions.

Sincerely,



Escrow Department
Diamond Resorts Financial Services.

 

[izzymail]

Congrats!

 

[Gooseman]

I got a phone call from someone at DRI in Hawaii today. I didn’t hear the phone ring so they left a msg. Should I ca all them back or just ignore it? I shouldn’t have to speak with them to cancel, do I?

Thanks!!



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[SmithOp]

Ignore any calls, just trying to talk you out of rescinding the purchase.


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[Gooseman]

On August 13 DRI issued a refund for the $3995 sampler on my credit card.

I bought the sampler in Hawaii and reside in California. I had a 7 day right to cancel clause in my contract and it worked...


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