Original Message:
PROPER contract rescission procedure follows: (by KC):
erics243 states in part: Re: >> After reading all of the paperwork, I discovered the rescission rights document buried in information they never went over. It said that I had within 7 days to rescind. I bought last Saturday.<<
The right of contract rescission is one provided by law, with or without the notification, consent or approval of the selling resort. Only the actual time period varies from one state to another. In most states, it's 5-7 days. Generally, Sundays don't count on the ticking clock, but Saturdays do. ================================================
Re: >> The legal jargon states that I can mail or fax it to the office (number provided). I opted to fax it since I didn't know if today or tomorrow was my last day. I sent it twice just to be sure and kept documentation. It seems like they could easily claim they didn't get it since it is not a recorded transaction. In the morning I am going to try and contact them directly to be sure, but I doubt that I'll be able to get to them given it is Saturday. <<
NO!!! You need to step away from that fax machine, stay off the telephone, and instead (and more productively) get your butt to the nearest U.S. Post Office and MAIL your contract rescission by certifed mail BEFORE the Post Office closes TODAY (and remember, the USPS counters close at noon on Saturdays). You NEED the certified mail stamp -- not because it's a legal requirement (it isn't), but because it provides objective, third party documentary proof that you have, indisputably, met the contract rescission deadline provided by law. If you just put your letter in a mailbox today, it won't get postmarked in time to meet the deadline and cancellation would then NOT be valid (regardless of date written on the cancellation letter itself).
DO **NOT** RELY ON FAX FOR YOUR CONTRACT RESCISSION. Dates can easily be manipulated on fax machines (by either sender or recipient) and can be legally challenged for that reason, if the selling resort tries to be deceptive or make your life difficult. Get to the Post Office --- TODAY, BEFORE NOON!!!