Time-Shares/timeshare rescission/ contract benefits
Cancelled the timeshare purchase the following day by sending a certified letter with receipt requested to their address in Ocoee, FL. Our purchase was made at the Turkey Lake address in Kissimmee. It appears that they are going to honor the request except charge us for contract benefits in an amount to exceed $500. The only benefits we agree to is the $30 breakfast and $50 directory fee. They are claiming other benefits like a $500 rent fee that they took off the down payment but we never actually used it nor was it explained. And a cruise discount fee that we did not use. The time we spent at the resort was discounted because we were to attend the presentation and it was prepaid. There was no additional time spent at the resort prior. Additionally, the sales rep. and another man repeatedly violated paragraph 18 page 2 of the purchasing agreement which states there will be no representation of potential profitability of the time share. Many times they expressed how we could rent it for more than the annual maintenance fee and how much it would go up in value because of it's Kissimee location and planned theme park expansion. They also went on about our week being Daytona 500 week which makes it even more profitable to us.
Our questions are: how can they claim higher contract benefits fees than the breakfast and directory fees and can we
challenge the legal validity of the entire contract due to their misrepresentations and violation of paragraph 18? Thank you for your time.
I would send them a letter quoting Paragraph 18, page 2, stating that they are in violation as you understand and would like a 100% refund. The next step would be to get an attorney involved.
I do not believe they can charge you for the $500 rent fee unless you somewhere waived your right to a refund of it. Although that is also fishy. Those breakfast charges and directory fee (if you return the directory) should also be refundable as that was part of what they used to get you in the door at the sales presentation. That sounds like they are just trying to recoup their marketing expenses.
If you have any other questions please let me know.