# HELP Change the MA Timeshare Laws - even if it's one at a time



## ChrisH (Dec 8, 2009)

*PLEASE WRITE TO MASS LEGISLATORS NOW -  RE: Timeshare contract cancellations*

If you live in MA, please send a letter to your local legislator and the Provincetown legislators as well.  Find them by town at:   http://www.mass.gov/legis/city_town.htm

If you live outside of MA, but own a MA Timeshare, please send your letter to the legislators representing  the town where your timeshare is located.  

If you want to include the Governor go here for contact forms: http://www.mass.gov/?pageID=gov3utilities&sid=Agov3&U=Agov3_contact_us

Ask that legislator to review the MGL for Timeshare Contract cancellation policies which include numerous complex documents for the purchaser to review with only 3 days to cancel.

*Chapter 183B: Section 41. Providing prospective purchaser with public offering statement and resale disclosures; cancellation of contract; damages 
Chapter 183B: Section 38. Public offering statements; furnishing to purchaser; contents 
Chapter 183B: Section 39. Public offering statements; conversion buildings; contents *

Explain that this amount of complex documentation may require the purchaser to have an attorney to review it before making the best decision.

And that the purchaser is most often not allowed to take documents home for review during the timeshares sales process – particularly if you have had that experience.

Explain that the offerings are often high pressured and for ‘today’ only.

Explain that these sales presentations often occur while you are at a vacation location and have no immediate access to your lawyer, banker (for loan purposes) or even the internet to research the company making this offer.

Explain (from your experience) that the details given by the sales rep often simply cover the highlights but none of the fine print in these contracts.  Often leaving out important details.

Ask the legislator to introduce and/or support immediate legislation to change the contract cancellation to a minimum of 15 days within MA.

Ask the legislator to introduce and/or support timeshare an overhaul of timeshare laws under the MGL allowing for increased consumer protection.
Remind the legislator that in recent years timeshare scams and consumer fraud have been uncovered in MA including the Navigator Beach Club, the Edgewater Beach Resort and Beachside Village in addition to MA residents being imprisoned for Timeshare Appraisal and Resale scams by the Federal Government. 

Ask them to introduce and support this legislation for extension of the cancellation clause NOW.  

Ask them to introduce and support a law that would provide that any timeshare contract signed due to misrepresentation,  fraudulent or deceitful information by the sales representative  allow for the contract to be rescinded and all monies returned to the consumer,  in addition to that representative and business being banned from any such continued occupation in the state of MA, and that business paying related legal fees if found guilty.

Making a change that helps all timeshare owners in the state.


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## theo (Dec 8, 2009)

*A reality check...*



ChrisH said:


> *PLEASE WRITE TO MASS LEGISLATORS NOW -  RE: Timeshare contract cancellations*
> 
> Ask the legislator to introduce and/or support immediate legislation to change the contract cancellation to a minimum of 15 days within MA.



I believe that your intentions are good and noble, but just be aware that while timeshare contract rescission time periods vary from state to state in the U.S., the average cancellation period is 5-7 days (although it's 10 days in Florida). The likelihood of getting support for a "minimum of 15 days" is clearly somewhere between slim and none. Just the same, I wish you luck...


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## ChrisH (Dec 9, 2009)

*Just getting the legislature to take a look would help*

If we ask for 15 days we might be able to get 7 business days or 10 calendar days, it doesn't hurt to try!


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## theo (Dec 9, 2009)

*Go for it...*



ChrisH said:


> If we ask for 15 days we might be able to get 7 business days or 10 calendar days, it doesn't hurt to try!



It's a bit of an oddity (...to me anyhow) that in a notably liberal and consumer (and tenant) friendly state like Massachusetts, the timeshare contract rescission period is so very brief. In fact, 3 days is "tied" with only a very few other states as among the shortest rescission periods in the U.S. Most are between 5-7 days. Florida is 10 days. Alaska is a highly unusual exception at 15 days.

In any case, I genuinely wish you success, although it is my own belief that no one should *ever* buy developer-direct in the first place...


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## e.bram (Dec 9, 2009)

What developers and which are TS being developed in MA. So what difference does the cooling off period make.


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## ChrisH (Dec 14, 2009)

*MA Timeshare Laws*

NEVS is 'developing' Sandcastle and Southcape, and offering Festiva Adventure Club memberships to deeded owners in exchange for their deeds and their money. 

Using Outfield Marketing which many of us have complained about for using high pressure tactics and downright lies to get those deeds into their grubby hands.  They do it while you're on vacation, have no access to a lawyer, or a banker or even the internet to check it out.  By the time you get home, it's a done deal, your 3 days is up and they've cashed your check or charged your card.

So if the law got changed to 10 consecutive days or 7 business days, people would at least have a chance to 'STOP PAYMENT'.

Chris


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## e.bram (Dec 14, 2009)

Outfield and Festiva are not developers but resale agents. So any law governing developers would not effect them.


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## ChrisH (Dec 14, 2009)

*MGL*

Outfield Marketing Ltd is violating MGL 93A Consumer Protection and are working under the direction of NEVS.  So NEVS cannot escape culpability for these actions.   They are selling Festiva products so Festiva is involved in this same mess in some convoluted way.  In addition, Outfield at the direction of NEVS - who has but won't produce the owner's list for the owners' - provided it to Outfield for the purpose of those solicitations of deeded owners to pay their money and give up their deeds in 'exchange' for membership/points in the Festiva Adventure Club.  
Any of those owners phone numbers that were on the Federal do not call list constitutes a violation for FTC and FCC laws as well.

And Festiva has a POS filed with the state of MA, listing themselves as 'developer' and NEVS and the sales agent for their dealings in the state.

Somewhere it is all connected.

Chris


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## theo (Dec 15, 2009)

*Merely "stopping payment" does NOT invalidate a contract...*



ChrisH said:


> So if the law got changed to 10 consecutive days or 7 business days, people would at least have a chance to 'STOP PAYMENT'.



Just to clarify a very important point here, exercising contract rescission rights involves providing a formal, written notification to the selling entity representative, as clearly specified by name and address in the contract (as required by law in any state; only the rescission time period differs among states). 

I'm making this distinction to avoid anyone somehow believing (incorrectly) that "stopping payment" has any effect whatsoever on the validity of an executed contract. It simply *doesn't*, plain and simple. 
Contract rescission is a specific and entirely separate process and action from any and all payment issues.


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## ChrisH (Dec 15, 2009)

*"You are correct - but....*



theo said:


> Just to clarify a very important point here, exercising contract rescission rights involves providing a formal, written notification to the selling entity representative, as clearly specified by name and address in the contract (as required by law in any state; only the rescission time period differs among states).
> 
> I'm making this distinction to avoid anyone somehow believing (incorrectly) that "stopping payment" has any effect whatsoever on the validity of an executed contract. It simply *doesn't*, plain and simple.
> Contract rescission is a specific and entirely separate process and action from any and all payment issues.



My experience was that I canceled the contract - in MA it's based on the postmark - in adequate time according to the law.  Fortunately I also canceled my credit card account the same day.  And this was _fortunate_ because my cancelation - by certified mail, return receipt requested - was never picked up by NEVS at the address stated at the top of the cancelation notice - and was returned to me by the USPS 15+ days later.  

 In the meantime, Outfield attempted to charge my card and left me a message - 10 days after I had sent the cancelation that they never retrieved from the post office - that my credit card was coming up in 'error' and "would I please call them back and straighten this out as I had never canceled."

 So by "STOP PAYMENT"  - I really meant send the cancelation by the date required, but don't have faith that it will work and stop any payment as well.

Good idea to clarify.  Thanks for your input.
Chris


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