Original Message:
Re: Rescinded contract with Vistana Aventuras (by KC):
michellek801 wrote:I just emailed a cancellation of a contract I purchased with Vistana Aventura at The Westin Resort & Spa in Cancun, and am now researching resales of timeshares.
I do not claim to know anything at all about Vistana, but I do know a fair amount amount about contract rescission (cancellation).
Does your contract clearly and specifically allow for rescission (cancellation) *by email*? Far more often, contract rescission requires signed documentation, maybe also a requirement to send that signed documentation by certified mail. There are certainly exceptions, but do not "assume" that merely sending an email (...or a text or a fax) will effect a legally valid contract rescission. It won't, unless those options are very specifically identified in your contract as acceptable means for rescission communication.
Since state laws provide a very limited time period to rescind (3-10 days, depending on the individual state), it is critically important to rescind correctly, within the time limit, precisely following the rescission instructions provided to you in writing at the time of contract execution, as the developer is required to provide, by applicable law.
Edited to add: I just belatedly noticed that this purchase was made in Mexico. All of the above input still applies; rescission time period in Mexico is 5 days.