How do I get out of a timeshare contract?

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How do I get out of a timeshare contract?

I signed a contract with westgate resort timeshares in April for 10000. I haven’t completed the down payment yet but stopped paying them. I just want out. We were pressured into signing, one seller after the other every time we said no. We were told we would have the week of Christmas and ended up with a completely different week. The 90 minute presentation turned to a little over 4 hours, trying to get us to sign. We just wanted or discounted tickets. After we

returned home from our trip, I did some research, so many negative things were said. The 10 days we had to rescind were up. I calied westgate and the agent was really rude, wasn’t trying to listen to anything we had to say and basically said oh well you’re in a binding contract reminded us of the payment due date and that was all. How do I get out of this mess?

Asked on July 22, 2016 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, you have to forget about feeling pressured or how long the presentation was: that is legally irrelevant. The law does not recognize "pressure" as a defense to a contract, unless by "pressure" you mean they threatened violence or blackmail (i.e. something itself criminal). You could have simply gotten up and walked out at any point (and if they didn't let, then that's kidnapping--call 911).
Also forget about the negative reviews--also legally irrelevant. The law enforces bad decisions as well as good ones.
The only thing that *might* let you out of the contract is IF either--
1) the contract said you'd get Christmas week, but then later, they refuse to give that to you--in that case, they are in "material" (or important) breach of contract, and that breach will let you treat the contract as terminated.
2) You were orally promised Christmas *before* you signed, but after you signed were told it was not available--in that case, they may have committed fraud (though with only oral promises, this could be very difficult to prove, since a court will assume that if it was important to you to get Christmas, you'd have made sure that was in writing; thus, the assumption with a written agreement is that  if it's not in writing, it was *not* promised). Fraud could let you void the contract, but as stated, this could be difficult to show and there is a good chance you would not win.
However, if before you signed you told you either that you would not get Christmans or might not get it--even if they told you only moments or instants before signing--then it was not fraud, because you signed with knowledge of the situation.


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