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want out of silverleaf...are we doomed?

mrs.vivian07

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My husband got suckered into bringing us to one of these presentations,
a 90 minute tour turned into a 4 hour event with 3 chidren in tow.
Needless to say we signed up in a hurry for one of the lower tier weeks.
reading over the paperwork we were assured this would not affect our credit since we told them we are in the process of buying a house.
they also didnt tell us that they choose our week for us(thanksgiving) which
1. my husband will never be able to get off work for that, its his peak season.
2. up north not really favorable weather unless its a ski resort
3. we werent even given a choice as to what week we would like.

I'm trying to figure out what our legal choices are for getting out of this thing.
we live in NY but we signed in MA which states a 3day period and we are past that.
are we basically screwed?
im willing to even loose the money we pit down but we just want out
thanks in advance for any advice
 

Iggyearl

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You might be...

I live off exit 10 of the Northway, so I can envision your plight. You went to the Oak and Spruce after your husband signed up at Crossgates, or Colonie Center or a home show or the Tulip Festival. Silverleaf and Bluegreen attend these events with promises of $49,000 in cash or a car or whatever. Just 90 minutes.

If you are past the rescission period, you have a problem. You might throw yourself on the mercy of the court (Silverleaf) and ask to turn in your purchase. It is worth a call. However, this is a country of contracts. And most people on TUG respect the contractual nature of timeshares. It is what keeps the industry going. If people could get out of their contracts because they had second thoughts, there probably wouldn't be a timeshare industry. And Tuggers could not buy second hand timeshares.

Myself - I have a background with 13 years of being in business with a lawyer. One of his famous quotes to me was: "Make all your promises verbally - and get all your promises in writing." I never knew that those words would come back to haunt me years later. He was the one making the promises. Good luck with your endeavors. And look for more advice here.
 
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mrs.vivian07

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There's stillnhope

I looked over our contract today and right on the first page it says I have 7 business days to cancel


We signed the 23 which was a Saturday, Monday was memorial and when I called to confirm and let them know I'll be canceling the rep said that if the bank is closed then it's not a business day. So that bought us just enough time as today is 6 days.
Now just to make sure I'm doing this correctly, all I need is postmark that it was mailed today right?
I'm going to send the letter certified of course. Do I send it to the loan officer? The actual resort considered our home resort?
Or is there a main office I need to send it to?
 

TUGBrian

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send it now...do not wait. send it to the address listed in the cancellation section of the contract and send it using whatever mailing method is listed as well.

the postmark date is all that matters, not the date they receive it.

good luck!
 

mrs.vivian07

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Just to be clear the actual wording is
Contracts to purchase certificates of beneficial interest under this offering plan may be cancelled by the purchaser within seven (7) Business days of execution.

So I'm good to cancel right?
 

mrs.vivian07

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send it now...do not wait. send it to the address listed in the cancellation section of the contract and send it using whatever mailing method is listed as well.

the postmark date is all that matters, not the date they receive it.

good luck!
On the contract there is the letterhead thAt has one address then by where we signed there is a part labeled seller with a different address...send it to both? Or just the seller one?
 

Passepartout

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Send to both. Do NOT offer a reason. both signers of the contract need to sign the rescission. Get 'em postmarked TODAY. Send USPS Certified w/return receipt and don't answer and calls from them. No good can come of that.
 

Passepartout

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Challenge the credit card charge- call the issuer and alert them to a potential payment you intend to dispute.
 

MichaelColey

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I would hold off on the credit card dispute. Especially if you're within the window to rescind, they should process it with no problem. You have AT LEAST 60 days to do a credit card dispute, so I would hold off and give them an opportunity to do what's right.

FWIW, I bought my first timeshare from Silverleaf, and rescinded. (And then I did proper research here on TUG and bought resale!) Although I fully expected them to give me problems with rescinding, they didn't. They processed the refund quickly.
 

TUGBrian

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