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Original Message:

"Cancelling" timeshare... (by David G.):

I believe two things allowed me to cancel at any time. One was the statement from the salesperson that we could cancel at any time. Another was a statement in the contract. #9 says "This agreement may be cancelled by the PURCHASER extemporaneously, as long as the PURCHASER is current in its payments, also SELLER at its sole discretion may cancel the agreement if PURCHASER fails to fulfill any of its obligations of the agreement and / or the operating rules of the club, attached." The above clause in the contract was the clause the salesperson referenced when he told us we could cancel at any time.

ken1193 wrote:
davidg1375 wrote:
...that was the initial consultation and the writing of the cancellation letter. A little less than 2 months payments. It gave me some piece of mind, allowed me to ask questions and he will be there in the future should I need advice. I think it also helps when the cancellation letter is written with a lawyer on the letterhead. I don't think Royal Holiday likes it when lawyers are involved.

I respectfully submit that your story is a bit difficult to comprehend or believe as presented. NO ONE (including the very best attorneys) can just unilaterally "cancel" a timeshare, which is a legally binding contractual obligation. Accordingly, your reference to a "cancellation letter" frankly has me just scratching my head in puzzlement. Contractual obligations can't just be "cancelled", like one might "cancel" home delivery of a newspaper, or "cancel" a premium channel subscription on cable TV service. Contracts are (usually) carefully crafted legally binding instruments. It takes TWO cooperating parties to voluntarily execute a lawful contract and it takes TWO cooperating parties to void a lawfully executed contract. It isn't just a "one way street" to be driven at the whim of just one party , so the very phrase "timeshare cancellation" quite simply makes no legal (or logical) sense.

Before you ask, yes --- I DO have several DECADES of legal and courtroom experience, as well as almost that that much time being associated with timeshare ownership. I know whereof I speak and I just can't comprehend (or accept) your claim as presented.

Are you perhaps actually referring to rescission, which is a contract cancellation right provided to EVERYONE under applicable state law, with cancellation (rescission) time periods varying between 3-10 days (depending entirely upon the individual state)? If so, then you never actually needed a lawyer AT ALL to submit a letter of rescission; you could have done that for yourself in two brief sentences and the cost of USPS certified mail postage.