Newport News, VA asked in Contracts and Real Estate Law for Florida

Q: If a timeshare contract is contradictory, is it null and void?

I went into a contract with a timeshare company for a "sampler package", or try it before I buy it. The final clause in the confirmation interview says "You understand this purchase is final and that you may not cancel your Sampler purchase." However, the Sampler Program Terms and Conditions says under "Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida, County of Palm Beach, which shall be deemed the proper venue and exclusive jurisdiction for all purposed and to which venue and exclusive jurisdiction Member hereby consents." Is this contract contradictory? Also FL law has a 10 day cool off period for timeshares, correct? Thanks.

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1 Lawyer Answer

A: Although I have not seen all your documents, this is likely not contradictory. A sampler package is not construed as a timeshare purchase, so I don't believe that the 10 day rescission period (under section 721) would apply. That cancellation period applies only to the purchase of timeshares, which it appears you haven't purchased. Let me know if I'm mistaken and you did purchase an interest in a timeshare that would last more than 3 years. I'd also recommend having an attorney review your documents to give you concrete advice about your options.

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