How do I get out of a timeshare deal after the rescind period

[theo]

Of course such statements are exceptions to the hearsay rule... I guess I should try proving fraudulent inducement some time with only oral statements. That would be a first for me.

Feel free to continue to conveniently ignore the facts --- and (signed) contract clearly stating that verbal statements are not binding. Maybe you should offer to represent SamOne pro bono, in view of your inferred / alleged "expertise".

 

[taterhed]

Now now........

The point is: The squeaky wheel does get the grease...sometimes. Sometimes it just gets whacked with a BFH which reseats the bearings and shuts the squeak up.
It's early in the process. Clearly you may have been steered with misinformation, disinformation or at least coaxed into signing. No different from buying a used car. Except that it lasts forever--unlike the used car.

I would attempt to vigorously and professionally rescind your purchase if this first attempt fails. The better business bureau, registered letters, written correspondence to the appropriate officials or offices etc... will likely get you some attention. Will it cancel your contract? Maybe, maybe not. Again, you have some personal details that may sway things in your favor. I suspect they were used to coerce you in the sale....just a hunch.

In any case, do your best and ultimately accept responsibility and move forward. I'm sure you will based on earlier comments.
Good luck.

I don't think even Perry Mason could win this one in court......

 

[davidvel]

Feel free to continue to conveniently ignore the facts --- and (signed) contract clearly stating that verbal statements are not binding. Maybe you should offer to represent SamOne pro bono, in view of your inferred / alleged "expertise".

The contract cannot disclaim fraudulent inducement.

 

[taterhed]

....but here's some random drivel to go with your coffee.
in the absence of physical record of statements (only verbal testimony/oral contract)--reasonable reliance may be difficult to prove
with no clear line of 'opinion vs fact' as intentionally, verbally, misrepresented prior to the contract--intentional fraud may be difficult to argue
an integrated contract subsequently signed that clearly states it is the entire agreement between the parties--testimony on verbal exchanges may be less persuasive
a legislative period of 5 (or more) days to review and rescind said contract after being supplied with a complete and factual representation of the contract/program--was the reliance still justified and credible after the 5-10 day review period, or is this buyer's remorse?
This would be an uphill battle to argue in court me thinks.

Agreed, the contract cannot successfully disclaim illegal acts or practices. But the likelihood of proving intentional fraud without something beyond verbal testimony would be relatively low, I think.
I'm no lawyer, but I'm doubtful a judge would allow such a case to reach trial without significant efforts to reach a settlement (or arbitration, depending on the contract?).

In the end, the contract would likely be dissolved. But, the fees to reach this objective may be prohibitive given the relatively small cost of the contract (as compared to legal fees/court costs etc..)
Of course, I think your point is made.

Barring an amicable cancellation of the contract, the OP should be armed with the knowledge that he/she may have been fraudulently induced to sign the contract. And, given the complexity and myriad elements of this timeshare program, it was not possible for the OP to verify the authenticity and factual evidence of the salesperson's claims of 'fact'--upon which he/she relied--during the mandatory rescission period. Having subsequently disproved these 'claims of fact' used to induce the OP to enter into the contract, the OP asserts that fraudulent inducement coerced entry into the contract and this intentional, material, misrepresentation--which was relied upon--caused injury. Therefore, the contract should be voided.
I wish the OP luck. Again, the sales team played ALL their assets to get the contract. The OP should also use ALL available assets to void the contract.

One fly in the ointment here: I'm not sure what 'spiel' and 'magic numbers' were used to induce the OP to sign..... but I'd make darn sure that the salespersons 'false representations' are in-fact, totally false--without any exception--before claiming such.

Now if this was a Wastegate contract.......

 

[davidvel]

....but here's some random drivel to go with your coffee.
in the absence of physical record of statements (only verbal testimony/oral contract)--reasonable reliance may be difficult to prove
with no clear line of 'opinion vs fact' as intentionally, verbally, misrepresented prior to the contract--intentional fraud may be difficult to argue
an integrated contract subsequently signed that clearly states it is the entire agreement between the parties--testimony on verbal exchanges may be less persuasive
a legislative period of 5 (or more) days to review and rescind said contract after being supplied with a complete and factual representation of the contract/program--was the reliance still justified and credible after the 5-10 day review period, or is this buyer's remorse?
This would be an uphill battle to argue in court me thinks.

Agreed, the contract cannot successfully disclaim illegal acts or practices. But the likelihood of proving intentional fraud without something beyond verbal testimony would be relatively low, I think.
I'm no lawyer, but I'm doubtful a judge would allow such a case to reach trial without significant efforts to reach a settlement (or arbitration, depending on the contract?).

In the end, the contract would likely be dissolved. But, the fees to reach this objective may be prohibitive given the relatively small cost of the contract (as compared to legal fees/court costs etc..)
Of course, I think your point is made.

Barring an amicable cancellation of the contract, the OP should be armed with the knowledge that he/she may have been fraudulently induced to sign the contract. And, given the complexity and myriad elements of this timeshare program, it was not possible for the OP to verify the authenticity and factual evidence of the salesperson's claims of 'fact'--upon which he/she relied--during the mandatory rescission period. Having subsequently disproved these 'claims of fact' used to induce the OP to enter into the contract, the OP asserts that fraudulent inducement coerced entry into the contract and this intentional, material, misrepresentation--which was relied upon--caused injury. Therefore, the contract should be voided.
I wish the OP luck. Again, the sales team played ALL their assets to get the contract. The OP should also use ALL available assets to void the contract.

One fly in the ointment here: I'm not sure what 'spiel' and 'magic numbers' were used to induce the OP to sign..... but I'd make darn sure that the salespersons 'false representations' are in-fact, totally false--without any exception--before claiming such.

Now if this was a Wastegate contract.......

Much better drivel than "what's not in the contract doesn't exist."

 

[geist1223]

I am not giving legal advice. But as some posters above mentioned some jurisdiction may allow "fraud in the inducement" to attack a written Contract. Many jurisdiction have the "Parol Evidence" Rule, which prohibits the introduction of evidence of negotiations or oral agreements that contradict the written Contract which is meant to be the complete and final agreement. Exceptions to this rule might be fraud, distress or illegality.

One question is whether it is a true contract - meeting of the minds. One way to show it is not a true contract between equal parties is to try hand written modifications of the Contract. If the other party (timeshare business) refuses to allow any modifications you might argue that it is a contract of adhesion. A Contract of adhesion might be voidable.