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  1. #1
    Join Date
    Jan 2014
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    Default Does a 10 Calendar Day Right of Rescission Include the Signing Date

    My question involves real estate located in the State of: Hawaii

    My fiancee and I purchased a timeshare on 19-dec-2013. Upon returning home, we made the decision to cancel the transaction. The evidence that caused us to cancel didn't become known until Monday 30-dec-13. At that time we signed the rescission page of the contract and faxed, emailed, and mailed certified mail to the company. They state that we did not send notice in time and that our right to rescind ended midnight 29-dec-2013. Below is the wordage of the rescission page of the contract:

    "YOU OR THE DEVELOPER MAY CANCEL THIS TRANSACTION WITHIN TEN (10) CALENDAR DAYS AFTER EXECUTION OF THE CONTRACT OR AFTER YOUR RECEIPT OF THE TIMESHARE DISCLOSURE STATEMENT, WHICHEVER OCCURS LATER, AND YOU SHALL BE ENTITLED TO A REFUND WITHIN FIFTEEN (15) BUSINESS DAYS AFTER THE DATE THE NOTICE OF CANCELLATION IS RECEIVED. YOU ARE REQUIRED WITHIN FIFTEEN (15) BUSINESS DAYS AFTER YOU SEND THIS CANCELLATION NOTICE TO THE DEVELOPER, TO RETURN TO THE DEVELOPER ALL SALES MATERIALS (SUCH AS YOUR SALES CONTRACT, DISCLOSURE STATEMENT, ETC.) IN GOOD CONDITION, REASONABLE WEAR AND TEAR EXCEPTED. IF YOU DO NOT RETURN THESE MATERIALS BY THIS DATE, THEN THE DEVELOPER IS ENTITLED TO DEDUCT UP TO $25 FROM YOU REFUND.

    TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR AN OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO XXXXXXX RESORTS CORPORATION AT THE FOLLOWING ADDRESS:"

    According to this language, does the 10 days include the signing date, or does it start the day after. I know that on 3 day rescission calendars, the days do not include the date of signing. Would that also be the case here, based on the above?

  2. #2
    Join Date
    Sep 2011
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    Default Re: Does a 10 Calendar Day Right of Rescission Include the Signing Date

    If you sent it on day 10, they would not recevie it until afterward.
    TO XXXXXXX RESORTS CORPORATION AT THE FOLLOWING ADDRESS:"

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Does a 10 Calendar Day Right of Rescission Include the Signing Date

    The mailing date will determine date of notice but given it was also faxed, the date of receipt would be the 30th anyway so there is no argument they did not recieve it the same day it was signed.
    midnight of 20th is one day passed
    21-2
    22-3
    23-4
    24-5
    25-6
    27-7
    28-8
    29-9
    30-10

    so, if you sent it by midnight on the 30th you would be within the 10 days

  4. #4
    Join Date
    Jan 2014
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    3

    Default Re: Does a 10 Calendar Day Right of Rescission Include the Signing Date

    Quote Quoting jk
    View Post
    The mailing date will determine date of notice but given it was also faxed, the date of receipt would be the 30th anyway so there is no argument they did not recieve it the same day it was signed.
    midnight of 20th is one day passed
    21-2
    22-3
    23-4
    24-5
    25-6
    27-7
    28-8
    29-9
    30-10

    so, if you sent it by midnight on the 30th you would be within the 10 days
    That's what I thought. Lemmony Snickets is all over this transaction. There are other grounds on which I believe that we could get this reversed, but I (and an attorney friend of mine that doesn't practice law in the state I signed the contract in) believe that this is the most direct method that's pretty cut and dry. If anyone else has insight, please chime in.

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: Does a 10 Calendar Day Right of Rescission Include the Signing Date

    Quote Quoting phazedoubt
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    "YOU OR THE DEVELOPER MAY CANCEL THIS TRANSACTION WITHIN TEN (10) CALENDAR DAYS AFTER EXECUTION OF THE CONTRACT According to this language, does the 10 days include the signing date, or does it start the day after.
    Note the emphasis.

    My take on that is that the clock starts running the minute after you sign the contract which gives you 10 calendar days from the moment you signed. That would be Dec 29.

    The HI time share statute does not appear to address the issue:

    http://www.kauai.gov/portals/0/plann...law%20514E.pdf

    Quote Quoting phazedoubt
    View Post
    I know that on 3 day rescission calendars, the days do not include the date of signing.
    One thing has nothing to do with the other.

    - - - Updated - - -

    Quote Quoting phazedoubt
    View Post
    There are other grounds on which I believe that we could get this reversed,
    Like what?

    Buyer's remorse?

    Quote Quoting phazedoubt
    View Post
    an attorney friend of mine that doesn't practice law in the state I signed the contract in
    Then he isn't doing you any good.

    Did he bother to read the statute?

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Does a 10 Calendar Day Right of Rescission Include the Signing Date

    TEN (10) CALENDAR DAYS AFTER EXECUTION OF THE CONTRACT
    10 days after the execution...


    since you cannot count the day it was signed because you would not have "a calender day", the first calender day after execution would end at midnight the 20th. That would mean 10th day ends the 30th at midnight.

    additionally, since the seller wrote the contract, any ambiguities are held in the best light for the buyer and since there is even a discussion about it, it is obviously ambiguous.

  7. #7
    Join Date
    Sep 2011
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    OH10
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    Default Re: Does a 10 Calendar Day Right of Rescission Include the Signing Date

    The agreement does not appear offer fax as a method of cancellation.

  8. #8
    Join Date
    Jan 2006
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    Default Re: Does a 10 Calendar Day Right of Rescission Include the Signing Date

    Quote Quoting Disagreeable
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    The agreement does not appear offer fax as a method of cancellation.
    actually, it does:

    TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR AN OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO XXXXXXX RESORTS CORPORATION AT THE FOLLOWING ADDRESS:"
    OR DELIVER a signed copy...


    other than that, why do not believe the mailing rule would not apply.

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