We rescind, [a sampler Pkg.] Diamond refuses, we point to the contract. What will happen now?

[bobpark56]

From Diamond:
“Unfortunately, there is no rescission period for this contract and they are non-cancellable once finalised. As such we are not able to cancel this contract and it will remain active on your account.”

We replied:
“The paragraph at the top of page 5 of our contract says this: "You may cancel this contract without any penalty or obligation within 7 calendar days after the date You sign this contract."

And the final statement in the contract says this: "THIS IS A TIMESHARE SOLICITATION. Any purchaser has, under then law, a seven-day right of rescission of any time sharing sales contract.

Would you please tell us why these parts of the contract do not apply?”

So, what now? Will there be foot-dragging? If so, how best to continue?

(Diamond’s reply came from from England, though we sent our rescission notice to Las Vegas, as specified by the contract.)

 

[dougp26364]

Did you purchase a sampler package or a timeshare? Timeshare purchases have a “cooling off” period, samplers typically do not.

 

[Passepartout]

And if it is a resale (or foreclosure, etc) in Nevada, there is no rescission.

 

[TUGBrian]

long as you have the contract with that in it, you are golden.

id take a copy of that and send it in response, after all whats good for the goose is whats good for the gander! there are certainly limitless examples of folks who were told one thing in a DRI presentation then later told that was incorrect and the only thing that matters is whats in the sales contract they signed!

would also cancel any credit cards used to pay a deposit or the purchase price, and dispute said charges immediately should they continue to claim it cannot be cancelled.

would also suggest informing them that should they continue to refuse your legal rescission you would report them to your state AG's office as well as the nevada state AGs office, BBB, facebook pages, etc etc pointing out how DRI is refusing to honor a signed sales contract.

 

[bobpark56]

A poster on facebook provided me a pointer to ConsumerAdvocacy@DiamondResorts.com. I have sent them copies of the correspondence so far. Perhaps this may help.

FWIW, this was a Sampler purchase.

 

[ccwu]

Just follow the page and instruction, mail a copy of the page and send to the corporate address in the page from Fed Ex or UPS with track number. You are done. You have proof for sending rescind letter. Never deal with sales location. Always with corporate. We rescind a few times and never had problem.

Who send your the From Diamond letter?

 

[AwayWeGo]

FWIW, this was a Sampler purchase.

Rescission right that applies to timeshare purchases may or may not apply to sales of samplers, trial packages, & various try-before-you-buy arrangements.

Regardless, good luck.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[bobpark56]

Rescission right that applies to timeshare purchases may or may not apply to sales of samplers, trial packages, & various try-before-you-buy arrangements.

Regardless, good luck.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

Alan...are you suggesting that the contract language I quoted in my original posting may not apply?

 

[bobpark56]

Just follow the page and instruction, mail a copy of the page and send to the corporate address in the page from Fed Ex or UPS with track number. You are done. You have proof for sending rescind letter. Never deal with sales location. Always with corporate. We rescind a few times and never had problem.

Who send your the From Diamond letter?

Pease see the original posting. We rescinded by certified mail (USPS) to DRI's Las Vegas Office, per instructions in the contract. The responding email came from England.

 

[AwayWeGo]

are you suggesting that the contract language I quoted in my original posting may not apply?

Seems possible. Otherwise, why would the timeshare folks have said there's no rescission period for this contract and it's non-cancellable once finalized ?

Even if that were the case, that other contradictory boilerplate ("you may cancel this contract without any penalty or obligation within 7 calendar days after the date you sign this contract"), even if they didn't intend to include that (i.e., if it's meant to go with timeshare sales, not sampler deals), sounds like you might have an out.

Good luck & let us know how it comes out.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[pedro47]

Suggestion only, maybe the OP needs to show his documentation to a lawyer for a professional legal opinion.

 

[dioxide45]

Rescission right that applies to timeshare purchases may or may not apply to sales of samplers, trial packages, & various try-before-you-buy arrangements.

Regardless, good luck.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

Regardless if one applies. If it is in the contract, it is in the contract!

 

[vacationtime1]

Regardless if one applies. If it is in the contract, it is in the contract!

+1

The goose/gander rule applies.

 

[Steve Fatula]

Actually, we still couldn't say for sure. It could be the section the wording was in only applies in certain cases, it may have wording to that effect. Maybe that section is TS purchases only for example. I would do as suggested and send copy hi-lited and have them state why it does not apply. Failing that, attorney should review it. Excerpts from a contract can be very misleading at times.

 

[TUGBrian]

I think it would be extremely difficult for any timeshare company to attempt to make a legal claim that a rescission clause in a signed contract did not apply to said signed contract.

and certainly they wouldnt try to fight that battle in court with a lawyer, vs just letting the owner out if enough stink was made about it.

 

[DeniseM]

FWIW, this was a Sampler purchase.

I don't think timeshare recission rules apply to sampler pkgs.

 

[tschwa2]

I think in some states sampler type products are required rescission periods and some states not. Diamond (at least in the past) abides by the requirements and has different contracts when the rescission does and does not apply. I don't know whether they accidentally gave out the wrong contract in this case (too bad for them if they did) or if the England office didn't realize that the rescission period applied in this case or if they knew and were trying to make the OP think he couldn't rescind when he could and would feign ignorance or a mistake if pushed back. I think the OP will prevail and might as well dispute the charges with the CC company now if paid that way. It may take a few more letters to Diamond to both offices but I wouldn't go to the expense of hiring a lawyer yet.

 

[taterhed]

There are a billion posts about this issue on the interwebs. (information below is anecdotal from the internet and should not be taken as fact)

It also appears that Diamond has several different contracts for samplers; some indicate "NO CANCELLATION or RESCISSION for SAMPLER PACKAGES" while others indicate rescind with "3 days" and some that apparently contain the standard "10 days" language that you've suggested. One of the "3 day" contracts indicated it was a Diamond "multi-state contract."

So, I'm not sure what to tell you. But, READ THIS THREAD!! https://www.tugbbs.com/forums/index.php?threads/sampler-just-purchased-in-arizona.261944/

At least one person has been successful in rescinding a sampler package purchased in NV. This is the OP's summary post: https://www.tugbbs.com/forums/index...rchased-in-arizona.261944/page-3#post-2059063

 

[dougp26364]

Without seeing ALL the language in a contract it’s really difficult to give an informed and completely accurate opinion.

If it’s in the contract I would like to think you have a better than even chance to rescind. If Nevada has a state law and you’ve complied, or at least made a reasonable effort to comply given the instructions you received, then I’d say you have a better than even chance. If this is a standard contract with addendum that legally negates certain sections within the allowable scope of the law, you’re likely screwed.

Keep fighting. At this point you have nothing to lose.

 

[Passepartout]

I recall that Nevada Real Estate governing authority exempted Samplers, resales and such from rescission rules, but as said above, if it's in the contract, it rules.

You may prevail, but it might not be worth the cost. Be prepared to play hardball.

Best wishes

Jim

 

[DRIless]

I'm not a lawyer and I do not play a lawyer on TUG. A SAMPLER PACKAGE is not a timeshare purchase and the laws for timeshare purchase do not apply. None of us except the OP has seen his/her contract, and his/her quotes are most certainly accurate but taken out of context. We can't know what the rest of the (possibly generic) contract says. From experience, I know that the laws for timeshare do not apply to the purchase of pre-paid vacations such as a SAMPLER PACKAGE. I also have experience with DRI's legal team and they know what their contract says and how it would stand up in court. My guess is that there's more verbiage that negates the recission info when it's a SAMPLER PACKAGE. My advice to the OP is to enjoy his/her vacations.

A poster on facebook provided me a pointer to ConsumerAdvocacy@DiamondResorts.com. I have sent them copies of the correspondence so far. Perhaps this may help.

FWIW, this was a Sampler purchase.

Alan...are you suggesting that the contract language I quoted in my original posting may not apply?

Regardless if one applies. If it is in the contract, it is in the contract!

Actually, we still couldn't say for sure. It could be the section the wording was in only applies in certain cases, it may have wording to that effect. Maybe that section is TS purchases only for example. I would do as suggested and send copy hi-lited and have them state why it does not apply. Failing that, attorney should review it. Excerpts from a contract can be very misleading at times.

I think it would be extremely difficult for any timeshare company to attempt to make a legal claim that a rescission clause in a signed contract did not apply to said signed contract.

and certainly they wouldnt try to fight that battle in court with a lawyer, vs just letting the owner out if enough stink was made about it.

 

[bnoble]

as said above, if it's in the contract, it rules.

But, as DRIless notes above, we haven't read the entirety of the contract. There may be other language within it that restricts that application to a full purchase, not the sampler package.

OP: You would do well to get a competent lawyer to review the contract.

 

[clifffaith]

FWIW, we rescinded a Diamond Sampler in person two days after we purchased it. Helps when using the words "lies" and "fraud". (Ours was purchased after a marathon five hour sales meeting several weeks before we found TUG.

 

[bobpark56]

Update: We received this email today:
"Dear Mr Park,

I can confirm that your earlier email was received and after checking this with our contracts department I can confirm that you are correct in stating that there is a 7 day rescission period.

You will shortly be provided with the cancellation paperwork for this agreement.

Kind regards
Russell Elliot"

Good news, though it seems we still have a hoop or two to jump through.

 

[taterhed]

Update: We received this email today:
"Dear Mr Park,

I can confirm that your earlier email was received and after checking this with our contracts department I can confirm that you are correct in stating that there is a 7 day rescission period.

You will shortly be provided with the cancellation paperwork for this agreement.

Kind regards
Russell Elliot"

Good news, though it seems we still have a hoop or two to jump through.

Congratulations!

Sounds like a case of 'wrong form'