# Cancel Contract After Rescind - Conversion Gone Wrong



## karplop (Aug 8, 2013)

Hello everyone,

I am looking for advice for my situation:
I have today sent a fax letter to rescind my contract and ask for my deposit back and will also mail to the Recission Coordinator (registered n/a). I am 8 days outside of the 5 day rescind date.
The deal was to Convert Traditional Ownership to Points, and purchase more points to become "Silver". I have a Diamond Resorts Purchase Proposal with Membership and Property info for 3000 points, and filled out For Conversions Only the contract number, unit week and Points 12,000. in Special instructions the 60 days to convert contract # for 12,000 points has been crossed out.
The actual authorization to convert the week we not completed, was not signed or sent back by my partner (shared owner) who was was in another country not at the presentation. 
Questions:
Will they accept my cancellation from my contract of 3000 points? 
Have you ever heard of such a conversion/sale not completed?
I am pretty sure I will loose my deposit it was quite a lot of money 23% of the contract - I am worried that I can not get out of my contract for the 3000 points. (They have verbally said I can cancel the contract to me and I have a text stating that this is the case.) I obviously would like deposit back, but its probably as good as gone. Any options or ideas? Does my paperwork help at all? There is nothing that says that I can straight cancel and I'm worried. 

I am looking for any Advice, Comments, suggestions, Please help??! 
I know I am very embarrassed and feeling quite dumb. 

Thank you,
Karol

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Full story:
On July 26, 2013, I signed a contract to purchase 3000 points at Polo Towers (PT) Las Vegas, as we are already owners of a Traditional Timeshare at PT Villas - since 2003, there was to be a conversion of our week to 12,000 points. I am very aware this is way past the 5 days rescind date of NV state law. 

The issue is that my ex-spouse who is part owner was not travelling with me and they had no way to complete the contract but sold me the points anyway. They e-mailed a contract to convert our ownership of the one week at PTV to 12,000 points to my ex and asked him to sign and fed ex back, the sales person even advised that he may have to give up his commission because the conversion deal was not done in the appropriate manner (at the time of contract).

I had received a call from QA about the paperwork not returned on August 2, I had discussed the options with my ex on August 1st but we did not rescind the night before which was my mistake. I called and talk to their QA person, and spoke to the sales person, who advised that I could cancel my contract but would loose out on my deposit, and only change to purchasing less points - min 2000. The maintenance fees are too high due to their THE Club dues and association fees, and even though we received a rate $3.32/point, this is also a huge cost which I am very regretful of signing the new contract and giving my deposit, then missing the rescind date. Do you think I have a case at all since this is such an odd occurrence -conversion to purchase but not completed?


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## vacationhopeful (Aug 9, 2013)

*Example as to what lies are told if you ask your TS SALESMAN*

And HERE above is an EXCELLANT example as to WHY a retail buyer should NEVER, EVER talk to the sales staff about if it is OKAY to do this or that in rescinding a contract for a retail purchase.

AND if you have a multi-part contract, READ the entire contract. BEFORE SIGNING IT.

*OP* - I am not associated with Diamond. You got snooker - your ex-spouse's deed could NEVER have been included in your membership. That is why that section was not filled in! You can NOT trade or upgrade something that is NOT in your name (or even in your partial name). The only thing you brought was the 3,000 Diamond points. And you have brought them - as you did NOT rescind that contract within the rescind timeframe for that state.

And VERBAL fluff-er-ry by the sales staff was NOT in or part of the contract. The sales staff during that phone call totally had ONLY their EARNED COMMISSION in mind and miss led you - to KEEP you from rescinding and they would lose their commissions.


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