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Re: Class Action Against Diamond Resorts? (by Lance C.):

juliam181 wrote:

If your attorney like the AZ AG can present an argument of fraudulent misrepresentations of your singed contract the contract is not valilid. If the buyer purchased a contract due to fraudulent actions by the seller the entire transaction should be void.

That's the sticky point, if one can present an argument of fraudulent misrepresentation. This will come down to a matter of He said, She said. The sales person can make all sorts of claims as to what he said during the sales presentation and the buyers can do the same. It would have to be proved that the sales person said those things that were different from what is in the contract.

So the trick, again, is how can the buyer prove that there was oral misrepresentation? That is one of the main reasons why there is a written contract, in case there is a discrepancy between what the buyer thought he was buying and what he actually bought.