timeshare

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rbubba328

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On August 3rd, I purchased a time share from a florida resort. All contracts were signed and so forth. On August 10th, a representative from the company who sells the timeshares contacted me via phone to inform me that they messed up and have never done this before but they double stacked our unit therefore, they have to sell us another unit. This now all fell within the 10 day period you have to cancel the contract. Therefore, the contract we initally signed I believed to be a voided contract. On August 22nd, a new contract was drawn up with a new unit number on it and then mailed to me on the 24th of August. Within the letter of the new contract, it also stated that there was no need to witness the signatures on the contract because they have our signatures on file (?, is that even oK). So now this is all going on almost 3 weeks from the initial contract. We recieve the contract and begin to think if we should proceed or not. Approx. a week later another rep. from the company called to ask about the contract and I continued to inform him that we were unsure of where we stood. He told me there was a cheaper way of doing the timeshare and if we would like, we could change it to the 2nd option. I then told him that if I am going to do it, I will just go with what we had and not the 2nd option. He told me to talk it over with my husban and give him a call back - he did not give me any timeframe or mention the first contract at all. After deciding not to go with the timeshare, my husband called this gentleman and left a message stating that we will not be proceeding with this new contract and to please reimburse our credit card the downpayment but to also please call us back. We never recieved any call back so we decided to call again on September 18th. We had no luck. However, another representative called and I spoke with him. His exact words were - the new contract we sent you, go ahead and rip it up. I asked for my deposit to be returned and he questioned why. He then continued to tell me that they were just going to use the first contract. My arguements to him - I was never contacted stating that the 2nd contract is not of issue, what if I already sent it in signed, am I now liable for 2 units. They sent me the 2nd contract out of the 10 day cancellation period of the first unit/contract and they informed me within the canecellation time frame of the first unit/contract to state that the contract was not good. Where do I stand on this whole issue? I contacted FREC and they could not help they could only give me statutes. Also, I tried to look up the legal description/ parcel id number on the property appraisers site and could not find the unit. Should I proceed fighting this? It just seems like since I did not sign the 2nd contract that they told me had to replace the first one, we do not have an exectued contract.
 
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