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no recission cntract

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crwelter

Junior Member
What is the name of your state (only U.S. law)? Texas

If we signed a contract that stated "no recission" do we have any way to get out of said contract??
 


crwelter

Junior Member
just that simple??

ok, but when I contact them and they remind me of the "no recission" what do I say? We signed yesterday but if they drag it out beyond 3 days by debating it, am I still ok?
 

JETX

Senior Member
What EXACTLY is the contract for??
Who are YOU in the contract (buyer, seller, etc.)??
What EXACTLY do you want to do (cancel, continue, force compliance, etc.)??
 

crwelter

Junior Member
I am the buyer. It's sort of a vacation package. We agreed to a pay $5000 for accommodations to our choice of several locations for a total of 20 weeks throughout the remainder of our lives. Of course at the time it seemed like a good idea but after coming home and reading various reports about the business (Southern Journey Travel) I am a little leery and would like to cancel. We signed last night and, as I said, it was written in the contract "no recission"
 

Antigone*

Senior Member
I am the buyer. It's sort of a vacation package. We agreed to a pay $5000 for accommodations to our choice of several locations for a total of 20 weeks throughout the remainder of our lives. Of course at the time it seemed like a good idea but after coming home and reading various reports about the business (Southern Journey Travel) I am a little leery and would like to cancel. We signed last night and, as I said, it was written in the contract "no recission"
enjoy your vacations
 

Mass_Shyster

Senior Member
I am the buyer. It's sort of a vacation package. We agreed to a pay $5000 for accommodations to our choice of several locations for a total of 20 weeks throughout the remainder of our lives. Of course at the time it seemed like a good idea but after coming home and reading various reports about the business (Southern Journey Travel) I am a little leery and would like to cancel. We signed last night and, as I said, it was written in the contract "no recission"
According to this site: www.oag.state.tx.us/agency/weeklyag/2005/0305contracts.pdf

Texas has a statutory three day right of rescission for some transactions. In your case, if the transaction did not occur at the normal place of business of the seller, you may have that option.

A clause in the contract cannot override state law.
 

crwelter

Junior Member
would it help any that I signed with my new married name even though I haven't legally changed my name yet?
 

JETX

Senior Member
I guess we'll start planning our first trip! Thanks for your help.
If the three days (midnight, third day) has not happened, don't give up.
TIME IS OF THE ESSENCE!!!
Send them a WRITTEN cancellation, either by FAX (with proof of receipt) or by certified mail (get a 'proof of mailing' from the USPS).....

The Texas laws about the right to cancel a consumer contract (PDF) can be found online at:
http://www.statutes.legis.state.tx.us/Docs/BC/pdf/BC.601.pdf

However, based on your later post, it also appears that this transaction would LIKELY fall under the Texas Timeshare Act, which gives you even more time to cancel... and restrictions on the seller.
You need to read the information (specifically Subchapter E) in the following PDF document:
http://www.statutes.legis.state.tx.us/Docs/PR/pdf/PR.221.pdf

Without further facts regarding the transaction.... and where it was made, etc., no one can close this door for you. TIME IS OF THE ESSENCE and if you don't at least follow the rules to cancel (even if you don't have the legal right to do so), you will absolutely LOSE them.
DO IT NOW!!! Then, AFTER you have sent them the notice, take the time to research as to whether you had the right or not. Their including a 'no rescission' clause means nothing. You cannot waive your statutory right.
 
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