Report Abuse

Understanding contract rescission (cancellation)

[Q=glorial57] what about if I signed the contact and mailed to them already? Is that possible I can dispute the charge?[/Q] Merely disputing a credit card charge will NOT cancel a valid, signed timeshare purchase contract. Contract execution and payment method are distinctly separate matters. BEFORE disputing the credit card charge, FIRST you need to lawfully cancel the contract itself (if you are still within the time period allowing you to do so). State law provides for contract rescission (cancellation) IF done properly AND on time AND in writing. The "in writing" part is very clearly specified somewhere within the contract documents already in your possession (these instructions MUST have been provided to you, by law). Use ONLY the address and procedures identified in the cancellation instructions --- do NOT ad lib, do NOT make phone calls and do NOT send emails. NONE of those things are legally adequate substitutes for following EXACTLY the cancellation instructions which were previously provided to you in writing. If the instructions say U.S. Mail (as they almost certainly do), then don't just decide on your own to use FedEx, DHL, UPS, or a carrier pigeon instead. The time period deadline for cancellation varies from state to state (it's the state of the timeshare location that determines this deadline, not YOUR state of residence). In Ohio and Indiana, the deadline is shortest at three days. It's longest in Alaska, at 15 days. Other states are somewhere in between (Florida is 10 calendar days). Most other states are 5-7 business or calendar days). It's the postmark date on your cancellation letter that determines whether you have met the deadline. Using certified mail, you will be provided with a date stamped receipt from the folks at the Post Office counter. "Return receipt requested" is fine, but is NOT legally necessary, since successful delivery (if the material was correctly addressed in the first place) would simply be presumed by any court of law. Date of actual delivery by the postal service does not matter one bit either. The POSTMARK date rules all --- if your cancellation letter is not postmarked within state law deadlines, the developer is NOT required to (and likely won't) process your cancellation request. So, if you're still within the rescission (cancellation) time period, get off the computer and go do it NOW!! If the contract rescission deadline has already passed, merely calling your credit card issuer to dispute the charge absolutely is NOT going to just magically invalidate that contract, which is a valid legal instrument you knowingly and voluntarily chose to execute and sign.