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Timeshare Contract Cancellation

| Feb 10, 2021 | Real Estate |

Have you been deceived into a bad timeshare deal? With laws that prohibit a list of deceptive trade practices, you might have a breach of contract claim. Contract law is an area that should have strong legal representation. With the right professional, you can try to put an end to the contract, more importantly your ongoing financial “obligations.”

There are laws in place that may protect you against deceptive business practices which may be used by timeshare sales associates and sellers. Timeshare investments can be difficult to end. Timeshare representatives may be good at using misleading strategies to make it look like a great investment. Contact us now if you believe that you have been misled.

DTPA Violations

The legal elements of a cause of action for violation of the DTPA are: (1) Plaintiffs are consumers; (2) Defendants can be sued under the DTPA; (3) Defendants committed one or more of the following wrongful acts: (a) a false, misleading, or deceptive act or practice that is specifically enumerated in the “laundry list” found in Section 17.46(b) of the Texas Business & Commerce Code; and that was relied on by Plaintiffs to Plaintiffs’ detriment; (b) breach of an express or implied warranty; (c) any unconscionable action or course of action. See Tex. Bus. & Com. Code §§ 17.41-17.63; Amstadt v. U.S. Brass Corp., 919 S.W.2d 644, 649 (Tex. 1996).

Common Law Fraud

To be entitled to a claim for breach of common law fraud, a person must prove the following: (1) Defendant’s made a material representation to Plaintiffs; (2) Defendant’s representation was false; (3)when Defendant made the representation, Defendant: (a) knew the representation was false; or (b) made the representation recklessly, as a positive assertion, and without knowledge of its truth; (1) Defendant made the representation with the intent that Plaintiffs act on it; (2) Plaintiffs relied on the representation; and (3) Defendant’s representation caused the person injury. Aquaplex, Inc. v. Rancho La Valencia, Inc., 297 S.W.3d 768, 774 (Tex. 2009).

Would you like to learn more about your legal rights? If you believe that you may have a claim against a timeshare company like: Silverleaf Resorts, Royal Holiday or Raintree Vacation Club, we invite you to call us at 713-572-4900.

 

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