need help and advice

[RX8]

OK I own it. I will be happy about it! I will! Called a real estate agent whom I bought my house from in Mass it is 72 hours for post mark on the rescind letter. which would have been Thursday. I will stick with what I have for a year and read the boards here and learn before I buy more RCI points so I can get what I really want and when I really like taking my Vacation. I want to thank you all for the great advice and the 3 day rule will make acceptance sink in faster for me and I will keep taking deep breaths!

Side note: My husbands says I can make myself unpleasant on occasion but he just prefers to suck it up and own it and learn from this for the next set of points we buy!

Some good advice here. Hopefully you will at least TRY to get this contracted rescinded. If you just decide to "own it" then just understand it may be $9495 down the drain. An eBay auction recently closed with a high bid of $1.

 

[scootr5]

OP:
Still time, Ma. rescission period is three BUSINESS days, and Friday was a holiday.

Right, but the papers were signed on Monday - the third BUSINESS day would have been Thursday.

The lack of clear and conspicuous forms is the better argument.

 

[djs]

OP, this advice doesn't help your current situation, but try reaching out to your City Councilor(s), State Rep and State Senator. They may have had other constituents in similar situation as you. Let them know that you feel the 3-day recision period is too short (or whatever else you feel about it).

Each of these officials are there to represent your interests. As far as contacting your City Councilor, although they don't have any pull on state laws they likely are in regular contact with their counterparts at the State and are still a resource worth reaching out to.

 

[vacationhopeful]

Tuesday was Election day ... almost all of our government offices were closed as were on Veteran's Day on Friday.

3 business days would be WED, THURS and TODAY (Monday).

Why are you stalling? Writing a hand written letter stating:
Dated 11/14/2011

I rescind the purchase of CONTRACT #ABR123 signed on MON 11/7/11. Please RETURN all payments to my credit card IMMEDIATELY. I have also disputed that charge on my credit card as of this date also.

Do not contact me to reconsider. I am exercising my legal right to cancel this contract immediately for the purchase of ABC Resort in TOWN/CIty, MA for $9999.99.

Signed: Wife
Signed: Husband

with names printed below.

Regular Mail
Certified Mail 1234 1234 1234 1234 1234

See, it is that simple.

 

[djs]

In Massachusetts, Election Day would count as a Business Day. No harm in sending the letter out though.

 

[ampaholic]

the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required by this chapter, whichever is later,

Have they provided you with the "Rescission Forms" as required by the Mass statute? Because you have three days AFTER they provide them - per the statute.

Don't take any crap from them - send in the rescission A.S.A.P. and insist that they honor it - if they try to fight the rescission THEN the fight is "on" (lawyer time).

You would resist a common pick pocket - wouldn't you

 

[DeniseM]

Unfortunately, Thisor has not been back since posting their last response on Sat....

 

[Beefnot]

From OP's third post in this thread, seems like she has decided it's not worth the fight and to just chalk it up to an expensive lesson learned.

 

[theo]

A strange contradiction....

I also looked up the Mass rescission law. 3 business days. Boy, that's tough.

Yes indeed --- and only one or two other states in the entire USA have rescission periods so very brief.
In most states, it's 5-7 days (10 days in Florida, 15 days in Alaska, but in most states it's 5-7 days).

What is particularly odd about this very strange anti-consumer anomaly is that notoriously liberal Massachusetts is otherwise well known and long established as an extremely consumer-friendly state, with laws that historically and very consistently favor tenants over landlords, consumers over merchants, etc.

The Secretary of State in MA (William Galvin, a former classmate and a genuinely decent man) is strongly pro consumer and of unquestionably high integrity. Frankly, I'm a bit surprised that he hasn't personally tackled and corrected this particular problem already. He certainly never avoids (...to say the least ) any camera or reporter on any issue of potential consumer / public interest in MA. I would think that the unacceptably brief 3 day rescission period in MA would be a no-brainer PR opportunity for him to get on camera and trumpet more proactive accomplishments of his office. Then again, maybe this is a matter which would require legislative change and is perhaps therefore outside the scope and authority of his office.

 

[djs]

Theo, you bring up exactly why I suggested the OP contact his/her elected officials. Oftentimes elected officials don't know there is an issue until it is brought to their attention. I do agree that we tend to have very consumer friendly laws/rules/regulations here in MA and was actually shocked to find out that our cooling-off period was only 3 days.

I hope this isn't a situation of "well, most of the people buying the timeshares likely are not Massachusetts residents so we won't bother ourselves with this".

 

[theo]

I dunno, but...

Theo, you bring up exactly why I suggested the OP contact his/her elected officials. Oftentimes elected officials don't know there is an issue until it is brought to their attention. I do agree that we tend to have very consumer friendly laws/rules/regulations here in MA and was actually shocked to find out that our cooling-off period was only 3 days.

I hope this isn't a situation of "well, most of the people buying the timeshares likely are not Massachusetts residents so we won't bother ourselves with this".

I doubt that's the reasoning. It's the location of the timeshare (i.e., not state of residency of the buyer) that governs the rescission (a.k.a. "cooling off") period. There are 40 to 50 timeshare facilities located within MA --- over 30 on Cape Cod alone. Surely many of those weeks are purchased and owned by MA residents. Regardless, your suggestion to try to enlist the help of appropriate pols / authorities might be a good one. Even if the rescission period has expired, that extra "juice" still might help the snookered buyer...

P.S. The preceding House Speaker in your state is scheduled to check-in to the Federal penitentiary soon to begin his prison sentence after a recent corruption conviction. Accordingly, if the OP does decide to seek the help or influence of an elected MA pol, Mr. DiMasi would probably not be her best first choice.

 

[Rob&Carol Q]

DiMasi? Salvatore DiMasi?

Wasn't he a Sales Weasel @ Branson?

Just kidding...:hysterical: