NH - Aruba timeshare contract issue.

I am writing to you to obtain assistance in helping my wife and I to resolve a legal issue. While we were on the island of Aruba last week, for our first vacation in over 30 years, we attended a time share presentation and signed a contract to purchase. We had never experienced this type of high pressure sales. My wife and I feel that we were mislead in the presentation and placed under duress by the experience. We also feel we were not told the true story about owing a timeshare and were pressured into buying. During the long sales pitch, over several hours, there was no mention of a rescind period. While on the island we had no means to research our purchase to educate ourselves in it's true value, We were told that it would be an investment in our and our children's future.

Upon arriving home we released our mistake and immediately sent a certified return receipt letter of rescind to the sales office in Aruba and the Divi Resorts Marketing in Chapel Hill, North Carolina. The letter was sent within the US laws time period, we have a five day rescind time period in New Hampshire and North Carolina. This morning we received an email to the effect that since the contract was signed in Aruba it is binding by Aruban laws.

My question is since it is and american company do we have any right to rescind by US laws?

[AFFA]

I wish to submit that in your case the law applicable will be the law as per the contract. Now if the contract does not specify the jurisdiction then the place of jurisdiction is the place where the contract is signed. The place of contract is Aruba. The place where the contract is concluded is Aruba and hence the laws of Aruba will apply. Further you can rescind the contract only on the basis that you were supplied wrong information while making contract and that your consent is not free.

AFF

AFF,
Thank you for your reply to my question. That being said would you suggest retaining an Arubian lawyer?

We feel we were worn down during the presentation and were not informed that a timeshare really is not and investment as in real estate. Throwing out numbers like forty years duration and our children will enjoy the place after we die. We at the moment didn't realize the burden will be placed on them to carry the yearly extra costs. Also, by distracting us with conversation about our liking Aruba and wanting to return to get our minds off the financial parts..

They also did not mention alternative ownership without using the points system or the not telling us the contract was immediately binding with no rescind option. This is just a few things that went on during the almost day long presentation. We of course had our minds thinking also about our relatives waiting for us at dinner.

Are there diferences between the Aruba law and the Netherland law?

To the original poster of this question:

I am not sure if you will read this post as it is a year after your original posting, but when I read your question, I felt such a sense of deja vu and sympathy toward your situation. My husband and I recently went to Aruba for our honeymoon, attended the same presentation, and were pressured into signing up for the timeshare. Afterward, we felt they misled us and omitted information that would've caused us not to sign the contract.

We've attempted to contact Divi Resorts to try and cancel but not surprisingly, no one has responded to our concerns. Were you able to resolve your issue? If so, how did you go about it? I would appreciate any advice or help that you can give.

Thanks,
MWL

Hi,

I also purchased a timeshare with DIVI Resorts in Aruba and I regret doing it. In my case, their selling practive was fraudulent. I got a lawyer who communicated with DIVI's headquarters (Divi Hotels Marketing Inc in NC - I believe that they own DIVI resorts in Aruba).

I recommend gettting a timshare legal services/lawyers but a company/lawyer that is Accredited by the BBB because there are also timeshare companies that offer legal services that are scammers.

Linda

[Friend In Court]

Originally Posted by Unregistered I am writing to you to obtain assistance in helping my wife and I to resolve a legal issue. While we were on the island of Aruba last week, for our first vacation in over 30 years, we attended a time share presentation and signed a contract to purchase. We had never experienced this type of high pressure sales. My wife and I feel that we were mislead in the presentation and placed under duress by the experience. We also feel we were not told the true story about owing a timeshare and were pressured into buying. During the long sales pitch, over several hours, there was no mention of a rescind period. While on the island we had no means to research our purchase to educate ourselves in it's true value, We were told that it would be an investment in our and our children's future. Upon arriving home we released our mistake and immediately sent a certified return receipt letter of rescind to the sales office in Aruba and the Divi Resorts Marketing in Chapel Hill, North Carolina. The letter was sent within the US laws time period, we have a five day rescind time period in New Hampshire and North Carolina. This morning we received an email to the effect that since the contract was signed in Aruba it is binding by Aruban laws. My question is since it is and american company do we have any right to rescind by US laws?

First impression is "TAC", translation: "Try and collect." If they refuse to rescind, let them try to go after you here in the US. Then you can assert all your defenses to the legitimacy (or illegality) of the debt.

They are probably correct that since the contract was entered into in Aruba, Aruba law applies. But enforcing even a judgment rendered in another country, if they try to go so far as to get one in Aruba (without you present, of course), will not be recognized in the States unless it complies with our standards of justice. Failure to accord due process is a biggie to overlook. And should they try to collect here, then you can assert all your defenses to the debt plus allege any counterclaims you might have against them for costs of their fraudulent and deceptive practices. If they send to a collection agency you might want to throw in slander of credit for good measure, to.

Originally Posted by Friend In Court First impression is "TAC", translation: "Try and collect." If they refuse to rescind, let them try to go after you here in the US. Then you can assert all your defenses to the legitimacy (or illegality) of the debt. They are probably correct that since the contract was entered into in Aruba, Aruba law applies. But enforcing even a judgment rendered in another country, if they try to go so far as to get one in Aruba (without you present, of course), will not be recognized in the States unless it complies with our standards of justice. Failure to accord due process is a biggie to overlook. And should they try to collect here, then you can assert all your defenses to the debt plus allege any counterclaims you might have against them for costs of their fraudulent and deceptive practices. If they send to a collection agency you might want to throw in slander of credit for good measure, to.

This is Linda again. I too bought a timeshare in 2010 and I've been trying to terminate the contract based on fraud and misleading information. As you may have found out, DIVI sends you to Divi Hotels Marketing (DHMI) when you inquiry about terminating your contract.

They claim to "acts as a liaison for the convenience of the Resort's U.S. customers." They informend me that the agreement was signed in Aruba by and is construed and governed in accordance with Aruba law.

So our "Friend in Court" is right. The governemnt of Aruba should not be able to collect here but if they do, PLEASE counter sue them!

Originally Posted by TmeshareSucks Hi, I also purchased a timeshare with DIVI Resorts in Aruba and I regret doing it. In my case, their selling practive was fraudulent. I got a lawyer who communicated with DIVI's headquarters (Divi Hotels Marketing Inc in NC - I believe that they own DIVI resorts in Aruba). I recommend gettting a timshare legal services/lawyers but a company/lawyer that is Accredited by the BBB because there are also timeshare companies that offer legal services that are scammers. Linda

Hi Linda,

Can you advise what lawyer you used and what was the result of your actions? I am in a similar predicament and would like to know my options.

I purchased a timeshare at the DIVI in 2010 and they so much as forged a co-buyer because I wanted my daughter to be an owner as well. My daughter was not in Aruba and never provided her signiture, My major concern is that I go to Aruba every year and I do not want to be put in jail when I re-enter the country. In my case the Divi also lied about the Paradise Guarantee providing option to receive a refund of some fees and the option to opt out.

I really want to fight this.