Is It Possible For Me To Cancel My Timeshare Contract? (Part 3)
In Part 2, we explored the questions and options open to you for cancellation of your timeshare once the established rescission period for your timeshare has elapsed. In that discussion we determined that the road to timeshare cancellation is fraught with turmoil. Your timeshare is exceedingly difficult to sell and even harder to rent. Add to that the numerous companies that are more than willing to relieve you of your hard-earned money while maintaining that they are reselling your timeshare, but ultimately, to no avail. Scams seem to abound at every turn and you were left to wonder if you would ever be divested of your timeshare nightmare.
However, the discussion turned to the strong, viable option of retaining the services of a competent timeshare attorney who would help you legally cancel your timeshare – all the way to litigation if necessary. That is the real advantage of a timeshare attorney over the other options explored and found wanting. Now that we have determined that the services of a timeshare attorney are warranted for your timeshare cancellation, how is the process initiated?
Question 3: What information will my timeshare attorney require from me to help build my case for timeshare cancellation?
In order to properly evaluate your case to determine how best to proceed for your timeshare cancellation and to determine other factors such as cost, time estimates and probabilities of litigation, the attorney will gather pertinent information from you regarding your experience with your timeshare purchase and ownership. You can use this list as a good starting point for your research as mentioned in Part 1 prior to contacting the timeshare attorney.
1. Information a competent timeshare attorney will ask for:
a. Timeshare Sales Presentation Woes – Can you describe your sales presentation? Take some time to recall your timeshare sales presentation. Most likely, you will remember the turmoil it caused you, maybe even leading to your signature on the sales documents just so that you could escape the presentation. This becomes an important aspect of your case as the attorney ascertains if there were fraudulent sales techniques employed to get you to sign. Take a look at the steps below and check them against your own presentation experience.
1. What was the total length of the presentation? Timeshare Sales Agents continually bill their sales presentations as 90 minutes to 2 hours in length. However, it’s not uncommon to hear of presentation times of 4, 6, and even 8 hours!
2. Do you feel that you were told lies and deceptive information about your timeshare and how you could use it? Write a list and be detailed. That one small piece of information may help your case in a tremendous way.
3. Were you told that your timeshare purchase was a great investment? There are many, many articles of advice from respected financial counselors that prove this not be the case.
4. Do you feel that you were defrauded? Write your list and be specific. Examples might include such actions as the timeshare developer not disclosing that there was a rescission time period involved, or the developer failed to disclose fees such as the maintenance fees or special assessment fees, etc. Perhaps the developer uses your credit card in an irresponsible manner or even issued you a new card using falsified financial information. These are just three examples of what may have happened, so be thorough in your listing of what you feel was fraudulently presented to you.
5. Did you feel like a hostage during your presentation, as if you were being prevented from leaving? Perhaps your kids were being “entertained” elsewhere and you felt that the sales agents would not bring them back to you. Did the sales agents give you alcoholic beverages during the presentation? These are examples of hardsell techniques which are designed to lead you ultimately to sign the timeshare documents. Any type of sales technique which causes you duress of any kind should be noted by you on your list. Again, be thorough – it could be very important to your case.
b. Timeshare Ownership Woes – What has been your experience as a timeshare owner?
1. What are the circumstances surrounding your timeshare rescission period? Did the timeshare developer make it very difficult to execute your rescission rights? Perhaps they had you take the cruise that you earned as a prize for attending the timeshare presentation right after the presentation, thereby overlapping with the rescission period and denying you a chance to send in the rescission papers. If you missed the rescission period, it is important to know why.
2. Have you been able to book availability after your timeshare purchase? Perhaps you’ve tried many times, only to find that there is never open availability during your time.
3. Perhaps you’ve been lucky enough to secure your timeshare booking and attended, only to find that the property is seemingly not maintained well and somewhat “rundown” in appearance. This is definitely not what you signed up for! Write down your description of what happened and how it appeared to you.
4. Have you researched your timeshare availability only to discover that you do not have enough points to book the property? This is a common problem and usually leads to the developer trying to sell you more points.
5. Perhaps you’ve found yourself in the position of not being able to use your timeshare due to illness, age or financial hardship. These are points that are very important to your case and you should list the various reasons for not being able to use and enjoy your timeshare.
Part 4 of our discussion regarding the cancellation of your timeshare contract discusses the ways that a competent timeshare attorney can help you cancel your timeshare. This will involve ascertaining the specifics of your timeshare ownership, the evaluation of your case based on these specifics and then what the attorney can do to help you with your timeshare cancellation.
Concerned about your timeshare and how you can divest yourself of it? Has it become a major burden for your family to bear? The competent timeshare attorneys of the Aaronson Law Firm stand ready and able to provide you with the answers you need regarding your timeshare case. Let them help you cancel your timeshare – it’s all that they do. Contact them now for your free consultation. It’s not too late!