# Sampler Package purchased yesterday on Kaua'i, Need to rescind!



## ejfrolic (Dec 18, 2018)

I am very mad at myself for falling into this trap again. While staying at Point at Poipu, my husband and I got lured into their timeshare presentation. After successful two 'No's, the hospitality lady convinced us to get into this Sampler membership. I did not realize this one only can be used in limited number of resorts in the US. We travel internationally in most cases other than Hawaii in the US, so this does not make any sense... One thing she mentioned was some luxury resorts or other international resorts are part of the Diamond network and I could use them with their Club (?) program once I stayed in one of the US resorts. So that is why I thought this may be a good program initially. 

She also gave us a couple of this travel certificate (dream vacation network) for me to use until 2020.
In the contract, it does not mention any 'Rescission' period. I used my credit card billing address of 'North Carolina' as my home address. When I look at the Rescission period for North Carolina, it is 5 calendar days. I found the Diamond International Resorts address in Las Vegas.
Since we will be on Kaua'i for another 2 weeks, should I go back to the sales office to request cancellation or send a letter to the Diamond office in Las Vegas?
Thank you so much!!!
EJ


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## Passepartout (Dec 18, 2018)

ejfrolic said:


> I used my credit card billing address of 'North Carolina' as my home address. When I look at the Rescission period for North Carolina, it is 5 calendar days. I found the Diamond International Resorts address in Las Vegas.
> Since we will be on Kaua'i for another 2 weeks, should I go back to the sales office to request cancellation or send a letter to the Diamond office in Las Vegas?
> Thank you so much!!!
> EJ


You should STAY AWAY from the salesroom. Send the rescission letter to Las Vegas. Time frame in Nevada is 5 days too, so don't dawdle. Certified w/return receipt. Unplug the room phone- nobody you want to talk to will call on that phone anyway. Go back to your vacation.

Jim


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## ejfrolic (Dec 18, 2018)

Passepartout said:


> You should STAY AWAY from the salesroom. Send the rescission letter to Las Vegas. Time frame in Nevada is 5 days too, so don't dawdle. Certified w/return receipt. Unplug the room phone- nobody you want to talk to will call on that phone anyway. Go back to your vacation.
> 
> Jim


Thank you Jim. I will do this today. I am just a bit concerned that in the Sampler membership agreement, the rescind period is not mentioned at all. 
EJ


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## Iggyearl (Dec 18, 2018)

There is no reason to NOT send a letter to HQ in Las Vegas.  But, any discussion of "rights" needs to center on where you signed the contract.  Each state in the country has it's own laws on timeshare products, and the right of a consumer to cancel the purchase - or rescind.  Your contract was signed in Hawaii, so you are subject to their laws.  But, you did not buy a timeshare.  You bought a prepaid vacation.  The reason you did not see any reference to a rescission period in the contract is because there isn't one.  Seems pretty sneaky to me, but that is how Diamond works.  You might get lucky and have Diamond issue a refund, but be prepared for a rejection.  Here is an interesting thread from Tug members who had to deal with Diamond on this subject:

https://www.tugbbs.com/forums/index.php?threads/sampler-just-purchased-in-arizona.261944/  Best of luck in your pursuits.  And, make noise if you have to.


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## ejfrolic (Jan 18, 2019)

I'd like to share a good news. I only sent one rescind request letter to their Las Vegas HQ one day after signing the contract package. And after about a week, I got an email from the customer service saying that they will review the cancellation request and I will get a formal letter confirming the cancellation along with the refund within 7 to 10 days. And then I got the full refund after about a week. It was a painless process. No phone calls or resistance from the HQ. So big thanks to this forum again for the support! EJ


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## TUGBrian (Jan 19, 2019)

congrats on rescinding in time!


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