Business & Finance

Can a timeshare company ask you to pay for the gifts they gave you at the time of sale if you request to cancel your contract due to misrepresentation?

We purchased a timeshare and were mislead by the sales agent. In doing our research and contacting the company, they agreed to let us out of our contract if we pay for the cruise they gave us at the time we purchased. The cruise was a “gift” as long as we remained members for over 6 months. We have been members for over a year at this point. Is it fair to ask us to pay back the money for the cruise?

I would just ignore it. If they try to take legal action, then talk toa lawyer.

YOu would be amazed at how many times people cave into a hollow threat.

I bet they are just blowing smoke.

Actually, if you are in breach of contract, you generally do not have the right to void the contract or raise a defense against its enforcement. Misrepresentation? This is a very specific defense, and with it you are alleging some very serious things. Minimize contact with the other party, and do your best where it matters (in a courtroom, if it comes to that).

That is perfectly legal IF that was disclosed in your sales contract. Apartment complexes do the EXACT same thing with promo offers like "1st month free" or "$1,000 off your first month's rent". Those offers are CONDITIONAL upon your completion of the contract. Otherwise what would stop people from taking the free cruise and canceling their contract the day they get back? Not smart business. You do not get to keep the reward for breaking a contract.

Read your contract, that will spell out what you already agreed to. I am willing to bet you already agreed to repay them their costs. Otherwise you would have to take them to court over it, and I am willing to bet the cruise is the cheaper option.