Full question:
I SIGNED A LEASE WITH OPTION TO BUY FOR A TIME SHARE IN FLORIDA. I OPTED TO CANCEL THE CONTRACT WITHIN THE 10 DAY CANCELLATION PERIOD. I USED THE ONLINE FORM FROM LEGALZOOM.COM. I HAD THE FORM NOTARIZED AND MAILED THE FORM CERTIFIED RETURN RECEIPT. I AM STILL WITHIN THAT 10 DAY PERIOD. IS THERE MORE I SHOULD DO TO PREVENT THE LEASING COMPANY FROM SAYING THEY DIDN'T GET THE NOTICE?
- Category: Contracts
- Subcategory: Recission
- Date:
- State: Colorado
Answer:
Under the Florida Vacation Plan and Time-Sharing Act, purchasers may cancel timeshare contracts within 10 calendar days after the date the contract is signed if the seller is notified of the cancellation in writing. Any attempt by the seller to obtain a waiver of the cancellation right is void and of no effect. While closing documents may be executed, the closing cannot actually take place until the 10 day cancellation period has expired.
Proof of recorded delivery is generally sufficient proof of notice of cancelling a timeshare purchase. A copy of the notice of cancellation and mailing receipt should be retained. A person rescinding a timeshare may add a fax, an email and a phone call. A letter of acknowledgment of canellation may be requested. If payment was made with a credit card, the purchaser may wish to check if the card remains charged and write to the credit card issuer, briefly explaining the facts, and enclosing
-a copy (not original) of the Purchase Agreement
-a copy of the cancellation letter and
-a copy of the proof of mailing of the cancellation letter
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
