Marriott left out part of my contract - can I rescind because of it?

[cp17]

Hi,

I bought a 1500 Abound point package retail on July 21, 2024 (I know, I know) for usage in Maui, before I knew about resale.
On August 27, Marriott sent me an email stating they "forgot" to include the 33 page exchange procedure document in my printed closing documents. The email was the first time I saw the doc.

Does this invalidate the contract? Can I rescind?

 

[jwalk03]

No harm in trying.

 

[dioxide45]

This post should not to be considered legal advice.

As mentioned, you can try. But in this case your rescission letter probably needs to be more specific and cite the Florida statue that indicates the date of which rescission is based on doesn't start until the last of all documents required to be given has been done. This isn't a straight forward rescission. You need to indicate that the last of all required documents wasn't given until X date and you are rescinding within 10 days of that date.

3. You may cancel this contract without any penalty or obligation within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida Statutes, whichever is later.

Chapter 721 Section 06 - 2011 Florida Statutes - The Florida Senate

www.flsenate.gov

Chapter 721 Section 07 - 2011 Florida Statutes - The Florida Senate

www.flsenate.gov

Is the exchange procedures one of the required documen ts? I don't know. Is it part of the POS? Perhaps and that POS wasn't complete until you received it. It is worth challenging it if you want out. The worst they can say is they don't agree and hold you to the contract. You could also enlist the assistance of an attorney.

 

[Fasttr]

Today is more than 10 calendar days after August 27. Sounds like it would be a long shot at best.

 

[dioxide45]

Today is more than 10 calendar days after August 27. Sounds like it would be a long shot at best.

Yeah, I would probably agree. Didn't do the math on that detail.

 

[TravelJoy]

This post should not to be considered legal advice.

As mentioned, you can try. But in this case your rescission letter probably needs to be more specific and cite the Florida statue that indicates the date of which rescission is based on doesn't start until the last of all documents required to be given has been done. This isn't a straight forward rescission. You need to indicate that the last of all required documents wasn't given until X date and you are rescinding within 10 days of that date.

3. You may cancel this contract without any penalty or obligation within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida Statutes, whichever is later.

Chapter 721 Section 06 - 2011 Florida Statutes - The Florida Senate

www.flsenate.gov

Chapter 721 Section 07 - 2011 Florida Statutes - The Florida Senate

www.flsenate.gov

Is the exchange procedures one of the required documen ts? I don't know. Is it part of the POS? Perhaps and that POS wasn't complete until you received it. It is worth challenging it if you want out. The worst they can say is they don't agree and hold you to the contract. You could also enlist the assistance of an attorney.

This could also be pursued in small claims court if they disagree. I would think Marriott would not want this to venture into a FL. court and settle thereafter; small court fees should be pittance compared to the alternative.

 

[Dean]

For retail the 10 days period doesn't start until all required legal documents have been delivered. I'd send a cancelation citing this fact within 10 days of the new information. I'm doubting leaving out the exchange procedures would quality but as others have said, it's worth a try.

 

[cp17]

I appreciate everyone's suggestions.

I sent an email to the Colorado Rescission address this morning (I'm in Colorado, and bought in Hawaii), stating since I was alerted by the VP of Regulatory that the Exchange Procedures were left out of my closing documents, I wanted to rescind.

I didn't mention the date, since I am at day 14 (if you are counting the 27th as day 1).

I'll let you know what they say.

 

[okwiater]

I appreciate everyone's suggestions.

I sent an email to the Colorado Rescission address this morning (I'm in Colorado, and bought in Hawaii), stating since I was alerted by the VP of Regulatory that the Exchange Procedures were left out of my closing documents, I wanted to rescind.

I didn't mention the date, since I am at day 14 (if you are counting the 27th as day 1).

I'll let you know what they say.

What did they say?

 

[Dean]

What did they say?

I would suspect this didn't work out. I can't speak for other states but I don't believe in FL the exchange procedures are a requirement to be part of the POS info delivered.