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Incomplete Nanea signatures - can I revoke contract?

Discussion in 'Vistana Signature Experiences (formerly Starwood)' started by Gryph, Feb 12, 2018.

  1. Gryph

    Gryph Guest

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    Hi all, thanks for your help in advance.

    In January 2018, we attended an invited presentation for Nanea. We loved the property & SPG, so I decided to purchase. Came home after the 7-day Hawaii buyers remorse window and discovered I could have purchased much less expensively through a broker. Rats. I can't do anything about it now, so I pay my first month's payment.

    Then I get a FedEx envelope from Vistana saying that as a California resident, they forgot to have me sign a form and that I need to review some docs, sign, and send it back ASAP. It's been a few weeks and I'm trying to read the docs, but the language is dense and unnerving without someone to translate what it means. I'm wondering if I can cancel my contract safely since it is seems incomplete without this signed document (which I still haven't signed).

    Has this happened to anyone before? Thanks!
     
  2. Rman

    Rman TUG Member

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    I would consult a lawyer in California, most likely something in the contract that a previous buyer from California used to get out of the deal
    There lawyer probably found it.
    I know it can be expensive but is your best option or another member maybe able to give you better advice
     
  3. davidvel

    davidvel TUG Member

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    Send it back with a letter saying, now that I see this document/disclosures I don't want to proceed. Since you didn't comply with CA law please rescind my deal and return all money paid.

    Then sit back and see what happens. If you post the docs (with personal info removed), we may be able to handicap the chances of this working. But it can't hurt to try.
     
    Ken555, RX8 and klpca like this.
  4. Gryph

    Gryph Guest

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    Thank you both! This is very helpful. I'll post the docs ASAP to get your thoughts and reach out to a lawyer. Does anyone have a contract/timeshare lawyer that they like? I've seen poor reviews of Time Share Exit Team, so I'm not sure how to find legal specialists in this area. I hope I can still fix this and haven't misunderstood the situation. :)
     
  5. RX8

    RX8 TUG Member

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    If it was me I would save the attorney fee and just follow davidvel’s advice and see what they say. Doesn’t cost you a dime.

    You don’t want to mess with those “lawyers” with any kind of “exit” outfit. In most cases they aren’t even lawyers and they will charge thousands. If you want to go that route any real lawyer can review your contract and give you advice.
     
    Last edited: Feb 13, 2018
  6. davidvel

    davidvel TUG Member

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    Yeah, and I even gave free advice. Worth every penny paid.
     
  7. controller1

    controller1 TUG Member

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    If you check your paperwork, you will see that you have signed a statement stating that if you didn't sign a needed document or the signature was illegible or incomplete, that you will not withhold signing the correct document upon notification of such deficiency.
     
  8. bizaro86

    bizaro86 TUG Member

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    That seems pretty tough to enforce, especially if the document is a required disclosure.
     
  9. gdonnersc1

    gdonnersc1 Guest

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    If it was me i would read and evaluate the advice here but say nothing more as it could be used as evidence in a legal proceeding.
     
  10. rog2867

    rog2867 TUG Member

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    I would like to know how you can purchase Nanea through a broker and save money? Aren't all the units still being sold directly from the developer?
     
  11. rog2867

    rog2867 TUG Member

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    or do you mean eventually you will be able to buy one on the secondary market as there are none currently?
     
  12. bizaro86

    bizaro86 TUG Member

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    There have been a number of reports of people buying resale Nanea units.
     
  13. okwiater

    okwiater TUG Member

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    If it's a required California disclosure, with language that is material to the nature of the timeshare purchase agreement, then it may be possible to nullify the contract. What document(s) are they asking you to sign?
     
  14. vacationtime1

    vacationtime1 TUG Member

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    And if it's a financing related document (such as the promissory note or the security agreement) they cannot close the transaction.

    So -- what document(s) are they asking you to sign?
     
  15. davidvel

    davidvel TUG Member

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    Crickets. I'm sure they'll be back, but obviously they have not yet been assimilated by the TUG Borg.

    Hopefully, they are not off paying money for a lawyer. (yes, I said that.)
     
    controller1 likes this.

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