Is this an OK rescind letter??
Any suggestions about what I should have hubby add or subtract from it??
Williamsburg Plantation
Attention: XXXXXX XXXXX
Per § 55-376. Virginia Statutory Law: Purchaser's rights of cancellation.
A. A purchaser shall have the right to cancel the contract until midnight of the seventh calendar day following the execution of such contract. If the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel the contract shall expire on the day immediately following that Sunday or legal holiday. Cancellation is to be without penalty, and all payments made by the purchaser before cancellation must be refunded within forty-five days after receipt of the notice of cancellation.
B. If the purchaser elects to cancel a contract pursuant to subsection A, he shall only do so either (i) by hand-delivering the notice to the developer at its principal office or at the project or (ii) by mailing the notice by certified United States mail, return receipt requested, to the developer or its agent designated in the contract. Any such notice sent by certified mail shall be effective on the date postmarked.
C. If, because of the occurrence of a material change, the public offering statement is amended between the time of contracting to purchase a time-share and the time of settlement, the developer shall provide the amended public offering statement to the purchaser and the right of cancellation shall renew from the date of delivery of such amended public offering statement. This subsection shall not apply if the public offering statement is amended by the developer because of a change which is not material or to disclose any change which is an aspect or result of the orderly development of the time-share project in accordance with the project instrument.
D. The right to cancel the contract as provided by this section shall not be waivable by the time-share purchaser and any provision in the contract or time-share documents indicating a waiver shall be void.
E. A statement of the purchaser's right of cancellation as set forth in subsections A and B shall appear in the contract above the purchaser's signature line. Such statement shall appear in type no smaller than any other provisions of the contract, and the caption "PURCHASER'S NONWAIVABLE RIGHT TO CANCEL" shall appear immediately preceding it in conspicuous, bold-face type.
(1981, c. 462; 1983, c. 147; 1984, c. 572; 1985, c. 517; 1991, c. 704; 1994, c. 580; 1998, c. 460.)
As a consumer, and covered by Virginia Statutes, I am invoking my right to cancel any and all obligations to a contract signed, by my wife and I , to Williamsburg Plantation Resort.
The following reasons:
* Misrepresenting the resale or exchange potential of the facility, in reference to the actual contract signed.
* Making oral promises that were omitted from the written contract. The sales manager stated that Interval International property exchange was guaranteed. In addition to that fact, the sales manager also pointed areas that we intended to travel to, such as Rehoboth Beach , DE , stated that the location had an Interval International exchange program with a resort in the area. After calling Interval International we found that both statements were false.
* Offered a special price "for that day only." If the price is fair, it will still be in effect the next day. Many people readily admit they became much smarter the day after they signed a time-share contract
* Subjected to a long 6 hours sales pitch that lasted longer than the 90 minute described presentation.
Please review this as a formal request, as my right as a consumer, to cancel a signed contract with Williamsburg Plantation ( Vacation Village), to refund all deposited sums back to the originating source with in the specified time.
Thank your for consideration in this matter.
Sincerely,
XXXXXXXXXXXX XXXXXXX and XXXXXXXX XXXXXXXXXXXXX