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Sigend up for a resort membership... HELP! Buyers Remorse!

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kendles

Junior Member
What is the name of your state? MICHIGAN

Myself and a friend, went to a tour of a resort offer. We had no intentions of buying and let this be known at the onset. We later found ourselves being talked into buying this "Vacation? deal. $4,995.00 They opened a bank card -credit limit of $5,000.00- through "MBNA" on my behalf, marked the contract/purchase as paid in full. After having come home, slept on it, talked to my friend about this and my spouse, we are feeling totally overwhelmed at this QUICK decision and feel like we were "suckerd" into buying this, when we went there with no intentions of buying! We did want to see the resort, for possible future vacations, but were "not" in the market and prepared to buy "anything"

All this took place on Saturday, July 16, 2005 The "credit is in my name" and my friend is on as an authorized signer and equal and joint member.

What are my legal rights to "Rescind" the contract, purchase, membership. And how would I go about doing this? And what timeframe do I have to do it in? The office is closed on Monday's!!! Do I need an attorney? If so what specialty?

Thank you for your assistance.
Kendles
 


JETX

Senior Member
kendles said:
What are my legal rights to "Rescind" the contract, purchase, membership.
Were you offered ANYTHING in return for visiting this sales 'event'?? If so, was it valued in excess of $25.00??
If yes to both, you would have a right to cancel the agreement within 72 hours per the following Michigan statute:
http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-445-931&highlight=

If no to either of the above, you will have to review the Michigan consumer laws at the following site to see if any give you a right to rescind/cancel the agreement.
http://www.michigan.gov/ag/0,1607,7-164-17337_18159---,00.html
 

kendles

Junior Member
Jetx -

JETX - thank you for your reply. Yes these conditions do apply. I will take steps to get this resolved Monday. Assuming I can find someone to see on Monday... would going in person work, or would I have to do this via mail? Either way, I would appreciate some letter writing tips on what to say to cancel this "membership/purchase". Tact is not one of my abilites, I tend to write to much, or say what "I" really think and pi$$ people off royally.

Thanks again, and the url... was of great benefit and I appreciate that as well.

Kendles
 

JETX

Senior Member
kendles said:
I will take steps to get this resolved Monday. Assuming I can find someone to see on Monday... would going in person work, or would I have to do this via mail?
From the link I provided earlier:
(3) Cancellation occurs when the buyer mails or delivers to the seller written notification of cancellation. If mailed, a cancellation notice is given on the date the notice is postmarked.

(4) A written notice given by the buyer for cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the sale.


So, write your letter, take it to the USPS tomorrow.... and send it by certified RRR. Make sure you keep a copy of the envelope, the letter AND the receipt from the USPS.

And I suggest your friend to the exact same thing!!
 

kendles

Junior Member
letters - cancellation

OH YES! Without a moments hesitation we are taking steps to do this. I re-read what I wrote, and what I was trying to say, was: Is there a sample letter somewhere that I could use and change it to my name and specifics for the cancellation letter? I am not good with words, and tend to get my meaning mis-interpreted... (forgive my spelling / slip of fingers) I am sending this REGISTERED MAIL - WITH A RETURN RECEIPT
 

kendles

Junior Member
Boy Did I PI$$ off some people today! *hahaha*

JETX, I wrote a little brief letter explaining everything, and then hand delivered it, requesting a signature, printed name, date and written acceptance of my cancellation on company letter head! WHOA! I got a signature, then I said that that is only part of what I wanted, then told them what else I wanted, they kept leaving off the aggreement to accept the cancellation. Finally I got what I wanted and left like I was on fire! I am still sending them mail Certified with return receipt, just the same. I know, probably overkill... but ya can't be too safe or too rich, right?

Thanks again,
Kendles
 

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