HELP, QUESTION ABOUT RESCISSION PERIOD

[aj8712]

Hi,

I am trying to cancel my timeshare contract with Wyndham Resort, but I have question about rescission period. I live in VA and bought timeshare in VA. The VA laws stated that I have 7 days to cancel the timeshare contract. My 7th day is a Sunday. So, I believe I have until next day (Monday) to sent my rescission letter with certified letter. Question is, what if next day (Monday) is a holiday? such as Labor day. Do I have until next day of holiday (Tuesday) to sent my rescission letter?

I appreciate you guys thought and help.

Thank you!

 

[LannyPC]

I would get on it right away since you still are in your rescission period. Did you check the owner's contract with the details about rescission to see what seven days means?

 

[Panina]

Hi,

I am trying to cancel my timeshare contract with Wyndham Resort, but I have question about rescission period. I live in VA and bought timeshare in VA. The VA laws stated that I have 7 days to cancel the timeshare contract. My 7th day is a Sunday. So, I believe I have until next day (Monday) to sent my rescission letter with certified letter. Question is, what if next day (Monday) is a holiday? such as Labor day. Do I have until next day of holiday (Tuesday) to sent my rescission letter?

I appreciate you guys thought and help.

Thank you!

I found this on https://www.nolo.com/legal-encyclopedia/virginia-timeshare-foreclosure-right-cancel-laws.html
Your Right to Cancel a Timeshare Contract in Virginia
Virginia law states that you may cancel a timeshare contract until midnight of the seventh calendar day after signing the contract. If the seventh calendar day falls on a Sunday or a legal holiday, then the right to cancel the contract expires on the day immediately following that Sunday or legal holiday (Va. Code Ann. § 55-376(A)).

 

[TheTimeTraveler]

I think you need to find out for sure if it's 7 calendar days or 7 business days. I believe it is just "7 days" which means you need to go to a Postal Facility with a self service kiosk on Sunday 9/2 and mail a letter via certified mail with return receipt. If I am correct it will cost you somewhere between $6.70 and $7.00 to do this and it will have the Sunday 9/2 Postmark on it.

I would urge you to not take a chance and be sure to get this postmarked on Sunday 9/2 (for the many thousands of dollars that you will be saving for years).

Best of luck!



.

 

[Passepartout]

VA law is 7 CALENDAR days. I don't know that there is any allowance for holidays. They really don't have to. If it was me in this situation, I would either make a road trip to place a rescission letter in their hands, or be in the line at the post office Tuesday morning.

Good luck!

Jim

 

[WackyLucy]

I would get on it right away since you still are in your rescission period. Did you check the owner's contract with the details about rescission to see what seven days means?

Applicable state law prevails over all else, regardless of what the contract states.
That said, the time for OP to act is surely right now, however inconvenient that may be.

Fwiw, 7 days is among the longest rescission periods provided anywhere in the U.S.
FL and TN allow 10 days, three or four states only 3 days, most allow 5-7 days.