Mount Kisco, NY asked in Contracts for Florida

Q: Is a contract non-binding is one of the signers was not present?

We bought into Marriott's "Destination Points" vacation program, the salesperson lied and they can’t be used for our purpose.

We own a fixed holiday "Week" in Marriott's Vacation Club with "Select" status that allows us to book reservations 12-months prior.

On our 2019 trip to Aruba we attended a sales presentation bought 1,000 "Points" to elevate us to "Executive" status where one can book reservations 13-months in advance - so we thought.

When I tried to make the reservation I learned that only the 1,000 points is considered "Executive" therefore we cannot book our week early.

Our salesman and manager lied; we had 1 objective, to book early. In fact, we asked and assured twice - with pen in hand - before we signed.

I called their office & learned the sales team is no longer there. I asked for the auth rep on the contract & was told that person does not now or ever did work in that office. We don’t know who signed for Marriott, if anyone had power of atty we weren’t told

Related Topics:
1 Lawyer Answer

A: I am sorry to hear what you have gone through. If you signed into the agreement as the result of attending Marriott's solicitation and sales presentation, Marriott should be responsible for the contract regardless who was the sales person. This is called vicarious responsibility. You should retain an attorney to write a demand letter to Marriott requesting a refund based on misrepresentation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.