Help w/ Contract Language

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Original Message:

Re: Help w/ Contract Language (by Kimy N.):

ken1193 wrote:
kimyn asks, quoted in pertinent part:

>> We bought our 1 week/yr for 30 years TS, starting 2009, in Mazatland last month and just received the Contract Certificate. I have problem understand its language. I called the resort but have not received response yet. Anyone understand it, please help me. Also, does anyone know how to will the RIGHT TO USE TS.

The certificate states: - Use Season or Week BI ANNUAL ODD for each (15) odd years... =======================================

First and foremost, I'm wondering if you have quoted the certificate accurately. BI ANNUAL means "twice per year". That's highly unlikely, in my experience.

Does it actually say "BI ENNIAL" --- which means "every other year"???

Either way, you have a problem if you believe that you have access to annual usage for 30 years and your certificate now says someting entirely different.

What does your original purchase CONTRACT say???? The contract document is what you signed when you initiated the purchase in the first place. The contract document is the legally binding document --- not the certificate issued later, after contract execution.

I sincerely hope that you have a copy of your original signed contract in your possession. If you don't, you have a real mess on your hands, because SOMEONE certainly has a copy of that signed contract and that contract IS the overriding legal document --- NOT the certificate issued a month later. I'm hoping that the explanation here is simply that your certificate was prepared inaccurately. The other possibility is much less pretty --- that you may have signed and executed a contract which says something entirely different from what you apparently believe that you purchased.

Bottom line --- What does the CONTRACT which you originally signed say????? This is the criticallly important document. Without its language, it's impossible to help you much here.

Ken, thank you for your response. I did review the documents that we signed. In the Purchase Contract and Security Agreement, it states UNIT TYPE: JUNIOR ONE WEEKLY INTERVAL PER YEAR IN RED O SEASON FIRST USE YEAR 2009.

In the New Owners Verfication Form it also states: Our vacation ownership is for 1 week(s) per year.

However, I did not see anywhere stating 30 yrs. So what do you think?