• Once a contract is signed, no matter where you signed it (at their office or at the void deck), it is a legally binding document.

• There have been old and recent cases of membership contracts that have 
  been voided and contracts that have been terminated. No contracts are forever. 

The court has the power to re-examine a contract whose terms are harsh and unconscionable, in 

order to give relief to the parties. The best choice is to get it voided. If you ask for termination, you are acknowledging that the contract is valid and to terminate it, they can ask for administrative fees, compensation etc. If a contract is voided, there should be no payment in the first place and the amount should be refunded in full. Time is of essence. The faster you do it, the better your chances of getting out of it. 

Show no intention of continuing

Once you discover you have been lied you, you show no intention of continuing the contract.. You show NO INTENTION by not using their services, returning their free holiday vouchers, free gifts, brochures and pay no further installments. 

To terminate/void the contract through the lawyers

i)    How do I locate a lawyer?

ii)   How will the case be handled by the lawyers and what is the procedure like?

iii)  What do we do when we see the lawyer?

iv)   What happens after case is filed?

v)    What is the cost to be expected?

i)  Locating a lawyer

You can refer to a directory published by the Law Society of Singapore or the Yellow Pages. Do obtain

recommendations from friends. We can also refer you to a few lawyers who have experience in dealing with these cases. 

ii) Procedure

Lawyer writes to the company with a letter of demand, using facts to support your case of being misrepresented and indicates you have no intention of continuing the contract. With this letter (which you have a copy of), you can write to the bank to withhold payments. The timeshare company may write back, but if they don't, it means as far 

as you are concerned, you have voided the contract. Some companies are known to write back in a few years, demanding back payments. When that happens, "remind" them of your position by sending a copy of the lawyer's letter. Once the letter on your side is out, you have crystallized your position and you are legally absolved of your obligations to fulfill the contract, ie. you are free from all future payments. However, there is no guarantee of getting a refund for the monies you have paid to the timeshare co. To fight for a refund, you will have to enter the second tier, which is the court action. Writing the letter of demand alone does NOT mean going to court. 

iii) What do we do when we see the lawyer?

Bring along all copies of your contracts and your IC. Give a narration of what happened, i.e. dates and names of contacts, and events happened and what was being misrepresented. Be honest and recall as much details as possible to your lawyer. If possible, give him a write-up of your case and all correspondences in letter between you and the company. Ask the lawyer as many questions as you can and it may be useful to prepare the questions before-hand. Discuss the legal fees to avoid misunderstanding later. 

iv) After case is filed

Take a step back and relax. Let your lawyer handle everything. The lawyer will inform you of all developments on the matter and handle all correspondence between you and the timeshare company. If the company calls you, please 

tell them to speak to your lawyer instead. The lawyer will also send you copies of all documents received. If the lawyer is not prompt in informing you, you can insist on more regular reports, but do not ring the lawyer everyday to be updated. 

Lawyer's fees

For first tier action (letter of demand to company), expect a few hundred dollars. The fees depends on

the amount of work done, the time taken and difficulty level. Shopping around for the cheapest lawyer

is not necessarily the best option. Choose someone you are confident of representing you and who is honest 

and efficient. Do not ask the lawyer to charge you only when you are successful. Such arrangements are 

illegal.

Extremely low. They succeed based on a few factors

a) Fear

They instill fear by saying that they will be sending you a Letter of Demand from their lawyers, but they cannot sue you using their own legal department. They need to use an external lawyer. So unless you receive a solicitor's letter with a registered law firm in Singapore, these are just empty threats. For the thousands that they may lose in your deal, they are unlikely to take you to court as this will

• risk the matter being blown up. Bad Publicity

• risk the increase in public knowledge about how they do their business.

It's simply not worth their money and time, as they have already pocketed your money and can continue getting more money from unsuspecting people in the streets.

b) Lack of public knowledge about their company

Since the public is unaware of their presence, they have so far been able to operate in secret. 

c) Divide and conquer

They hope the victims do not come together and gang up against them. 

To prove misrepresentation, you will have to show:

• what the seller said or did (esp if the case is recent and you can still remember clearly)
• why it was misleading (after you did your research and found what they promised was not true)
• that you wouldn't have bought the timeshare if the seller hadn't used the misleading tactics or promises, and
• that you suffered some monetary loss because of the purchase.

You are eligible for legal action the moment you discover the mistake/fraud. Time begins to run only from that moment. In the case of contracts, you have 6 years to take action and claim damages. So if you wait more than 6 years after discovering the fraud before taking action, you are no longer protected by the law. Of course, your chances of success are higher if your case is still fresh (ie. not more than a few months)

2) Fraud: Intentional distortion of truth, as seen in misrepresenting an important part of the contract to the other party("we are not selling timeshare"), guaranteeing impossible results (that the price of timeshare will increase, you can sell it at a profit) You would not have signed on the contract if you knew otherwise. If one party's consent was obtained through fraud (deception or trickery), the contract can be canceled by the other party.

3) Mistake: unintentional error, with both sides having incorrect information (mutual mistake).

4) Duress: excessive pressure to make someone sign against his will, as seen in threat on person or property if one does not comply. If a person signs a contract under duress, he should contact a lawyer as soon as possible to determine his legal rights.

5) Unconscionable offer: One that contains an unfair clause. It is a standard whereby the court determines if the agreement was so one-sided, or unfair that it should not be enforced in the interest of justice. Examples of unfair practices (From Fair Trading Act)