QUESTION
Can I get out of a vacation club contract if I felt I was misled?
Asked on Jul 07th, 2015 on Contracts - New York
More details to this question:
When the salesperson showed us a vacation quote during his sales pitch it was approximately $3000 less than what we are getting a quote for now that we received our official membership to the vacation club. We feel that we were misled to believe the savings were greater than we are seeing now for the same exact vacation. Is there any sort of time frame that we can back out of the contract legally? It was signed a week and half ago. The company says no.
1 ANSWER
You don't have a right to "back out" of the contract. With some types of contracts, a consumer has a short period of time to "back out", but, even assuming this contract qualifies, I believe the period has run out. You can have a court rescind the contract if you were fraudulently induced to enter it, but it is not enough that you feel you were misled. You would have to show that the other party made a false representation of fact, upon which you reasonably relied in that you wouldn't have entered into the contract absent the misrepresentation. IF you have a written contract, you will most likely (some exceptions but too many variables to discuss here) not be able to introduce evidence of any oral representation made by the other side which contradicts the writing.
Answered on Jul 09th, 2015 at 9:48 AM