If I was misled into buying a vacation package and did not have full disclosure, can I cancel and get a refund of my down payment?

UPDATED: Aug 3, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was misled into buying a vacation package and did not have full disclosure, can I cancel and get a refund of my down payment?

The vacation agency fed me lies and half truths about the deals and types of places I’d be staying at. Right Of Rescission allows for 72 hours but does it apply to loans not for a home?

Asked on August 3, 2011 New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no general right of rescission, three-day or otherwise, except where provided specifically for in law. As you note, there is a three-day right of rescission for mortgage loans for buying a residence, but not for loans (or other agreements concerned with) buying vacation packages.

You may be able to rescind the purchase based on fraud, and should discuss this with an attorney. Fraud is the knowing or intentional misrepresentation of material facts, intended to get the other party to agree to something which he or she would otherwise not have agreed to, and which it was reasonable for the other party to rely upon. Basically, deliberately spinning plausible lies to get you to sign up. If there was fraud in the formation of the contract, that can provide grounds to rescind the contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption