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New points resort holder: Need of advice

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  • New points resort holder: Need of advice

    Hello everyone

    A new user here. I am from Alberta, Canada and recently purchased a point resort membership in July this year.

    Try to summarize as brief as possible:

    I went to a home and garden show in Edmonton and filled out some ballet to win some free stuff. Well as "luck":doh: would have it I got a call two weeks later to let me know I "won" two free nights to Canmore on the condition I would have to go to some presentation. I asked if it was a timeshare presentation and they said no. Well two free nights in the mountains, how can you go wrong right? I just purchased my first home with my fiancee and was looking for a cheap vacation anyway so I figured this would be fine.

    So anyhow a couple months later we head off to Canmore and to go to the presentation. I have to say the sales team was pretty effective. It seemed like a pretty good deal. Cheap vacations for the rest of my life with lots of flexibility. But of course it was the now or never tactic(they wouldn't even let us go for lunch-this probably should have been a big warning flag) and to be honest I really want to go on more vacations so we bought into a 10,000/yr plan. We were given 0% financing and 20,000 "free" points plus they paid first year RCI fee.

    Now I am having some serious second thoughts:

    1) I guess I overlooked the pain in the butt maintenance fees and RCI fees. Those are going to add up and get annoying very quickly
    2) The plan was to use it for our wedding down south. We tried calling last night and the resort we picked is already booked for Jan 2009. I mean how far in advance do you have to book this thing? Not a very flexible plan it seems
    3) It seems like its going to be a lot of work planning out these vacation with lots of additional costs. You can book lots of vacations online now for reasonable prices.
    4) After perusing through these forums I realized that if I purchase a "used" timeshare I could save a lot of money without paying some dude's commission
    5) My parents offered to give me their timeshare for free if I take over the maintenance fees but of course they told me this after I bought this one
    6) After some budget monitoring since I bought this I am starting to realize I dont have as much money as I thought I did

    I know hindsight is 20/20 and I dont know why I didnt get this feeling earlier but it just hit me today. I think I got myself into something that is really unnecessary for me in my life right now.

    The Alberta government has a "Fair Trading Act" which states you have 10 days to ask for a refund; but I obviously let this expire. But it also states under section (2) that "you can cancel within a year and receive a refund of the money you paid if the contract doesnt contain information about your right to cancel" Now this where I am little confused. I have like most of you probably a whole pile of documents. I am no lawyer but the contract where it states I owe them money and has all the signatures, does not state any of this anywhere. Although, on some lonesome piece of paper(a document I have no recollection of them going over) it does mention it. Is this enough grounds for me to ask for a refund?

    thoughts, advice?

    thanks in advance

  • #2
    Take this to an "ugh" attorney to evaluate.

    Comment


    • #3
      If there is ANY way you can get out of this, I would. There's just no way that you can not do better buying resale. I think it would be a good use of some money to have a lawyer review the contract for you.

      We live in Calgary, and we were able to get out of a developer purchase in Canmore almost three months after our initial purchase, but only because of some negative publicity in the Calgary Herald, where we learned that the developer had lied (gasp!, a developer lie?) to us. We were very young at the time, but I've always been very firm and persistent (yet polite), and I think the developer just gave us our money back because we showed up in his office with the front page of the Herald and simply wouldn't leave.

      I think you have Alberta law on your side, and perhaps before even contacting a lawyer, I'd give a call to Alberta Consumer & Corporate affairs, pointing out that you were never given clear notice of your right to cancel. I mean, at this point, you have nothing to lose by making a major fuss. Good luck, and keep us posted.

      Comment


      • #4
        Well before I was going to get a lawyer involved I was going to simply write a letter and explain my grounds.

        If they say no then I could get an attorney. I just love when i got home from Canmore how they called to see if everything was alright and I couldnt figure why they cared so much. Its obviously because of the clause where you simply can cancel. HINDSIGHT IS 20/20!!! doh

        Comment


        • #5
          "Lonesome" notice.....

          Re: >> Although, on some lonesome piece of paper (a document I have no recollection of them going over) it does mention it. <<
          ================================================== =====

          Opkansas is right that at this point you should consult with a (...cough and choke here on the very thought...) an attorney --- preferably one well familiar with consumer and/or contract law in your particular province.

          It does seem at first blush from your post that you were provided with a written notice regarding your "right of rescission". While you describe that piece of paper as "lonesome", the fact that you have it certainly suggests that it was indeed provided to you. I'm not familiar with Canadian law, and I don't claim to be, but in the U.S. I believe that there is no obligation to "go over" that right of rescission document with you. The obligation, at least as I understand it, is to simply to provide the buyer with written notice and terms regarding exerecising the "right of rescission" under applicable state law. Actual responsibilty for reading the terms and/or exercising that right within the specified time period identified by state law lies with the buyer.

          Good luck --- you may have an uphill battle on your hands at this late date.
          I think you should be having that legal consultation sooner rather than later.

          Comment


          • #6
            I think I am stuck with it so my best option is to just make the most of it!

            Comment

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