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How do i revoke the agreement and claim refund. Can the agreement be defective if application is not supported by proof of adres

Hagerstown, MD |

I was lured to take a impulse decision and make a payment of Rs.180000 for availing services of a vacation club spread for 30 years. As per agreement for membership, ID proof and Address proof is mandatory , of which i have given only ID proof. As per Agreement term payment made is non refundable. I have not received nor availed any of their services so far. Nor i have received any confirmation for allotment of membership. Does signing of agreement contains deemed acceptance of offer.

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Attorney answers 2

Posted

You have 10 days to cancel a timeshare, vacation or campground membership sold in Maryland, and to do so you must document the cancellation in writing and prove you sent it on time (mail be regular mail as well as certified mail return receipt requested, also send by email, etc.). Copy and save all your dated correspondence. If you have questions or complaints about vacation membership clubs, timeshares or campgrounds, call the Maryland Consumer Protection Division at 410-528-8662 or 1-888-743-0023. You may also file an online complaint at http://www.oag.state.md.us/Consumer/complaint.htm.

Mark William Oakley

Mark William Oakley

Posted

Here is the relevant text of the Maryland statute regarding vacation packages (which also applies to time share arrangements): Maryland Commercial Code, § 14-2402. Cancellation of contract; applicability of subtitle (a) In general. -- Within 10 calendar days after the execution of the contract to purchase a vacation club membership, either party may cancel the contract without penalty by mailing or delivering a notice of cancellation to the other party at the address specified in the contract. (b) Refunds. -- (1) Cancellation of a vacation club membership shall entitle the purchaser to a refund of the entire consideration paid for the contract, including the cost of financing. (2) The sales agent shall deliver the refund to the purchaser at the address specified in the contract within 15 business days after receipt of the notice of cancellation. (c) Waiver or surrender of right. -- The right of cancellation may not be waived or otherwise surrendered.

Posted

In addition to what my colleague stated, I'll remind you that if you do not take appropriate action to rescind the contract within the required 10 day time limit, you might find yourself being bound to the contract.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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