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Old 02-18-2013, 10:22 AM   #18
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Originally Posted by chalee94 View Post
since the language says "the developer", does that section apply to resellers? i know it would apply to direct purchases from DVD, since they are the developer...but i'm a little surprised that an individual seller is subject to the same rule...
Good question.

I am not a lawyer and unused to the language used in writing statues.

That said, I do think the law applies to all sellers. Here is something from 721.17:

(4) That the transferee will fully honor all rights of timeshare purchasers to cancel their contracts and receive appropriate refunds.

And something from 721.21:

Purchasers’ remedies.—An action for damages or for injunctive or declaratory relief for a violation of this chapter may be brought by any purchaser or owners’ association against the developer, a seller, an escrow agent, or the managing entity. The prevailing party in any such action, or in any action in which the purchaser claims a right of voidability based upon either a closing before the expiration of the cancellation period or an amendment which materially alters or modifies the offering in a manner adverse to the purchaser, may be entitled to reasonable attorney’s fees. Relief under this section does not exclude other remedies provided by law.

If there is a lawyer who posts here that is experienced in timeshare law, maybe she or he will provide an opinion.

I really do think it is wrong to offer on more than one contract at a time unless one is fully prepared to buy all that are accepted.
Best Wishes -

BWV - Early Morning on May 2, 2008
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