Appendum to contract

[thenutts Junior Member Find all posts View Profile Close thenutts]

My husband and I bought Diamond Resorts 4500 point timeshare at the Ka'anapali Beach Club about 4 weeks ago. About a week ago they called and said they forgot to have us sign something and they were faxing it to us. It is an appendum for Texas residents only. One of the paragraphs talks about paying a yearly fee of $318 plus .08 per point. I can't get anyone to call me back to explain this to us and I am afraid we are passed our 7 day cancellation period. Anyone know what this appendum means or how we might be able to still cancel our timeshare?

[dougp26364 Senior Member Find all posts View Profile Close dougp26364]

Sounds like a rather large opps on their part. I woudn't swear to it but, I'd say the rescind period doesn't start until all fee's and rules have been appropriatedly disclosed. I'd call them back, tell them that, after reading over this additional information that you were not aware of, you've changed your mind, will not sign the form and wish to cancel the deal, just to see what happens. My bet is they'll at least bluff and tell you that you are still stuck.

In the meantime, I'd research or make a call to find out what the actual ruling would be since the contract had not been completed in it's entirety while you were at the sales office. That way, if they try to tell you that you can't get out of the contract, you'll have a good idea of what ground you're actually standing on.

Lucky you. It's past the rescinsion period and you may still have a way out.

[Glitter Brunello Super Moderator Find all posts View Profile Close Glitter Brunello]

They surely can't force the OP to take on a fee omitted from the original agreement.

Whatever you do, don't sign the amendment!!

[dougp26364 Senior Member Find all posts View Profile Close dougp26364]

They surely can't force the OP to take on a fee omitted from the original agreement.

Whatever you do, don't sign the amendment!!

Sometimes it will depend on how the contract was written. I know that the last car sales contract I signed, there was a form that was an agreement that I would sign any form omitted by accident at the original signing. Essentially, if they forgot a form, I was signing a form saying that I was aware they might have forgotten a form but that I would sign such a forgotten form in the event that event occured.

Yea, I made fun of the legal talk that was included in that particular form.