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Re: Class Action Against Diamond Resorts?

" the one thing that people forget is that what is signed in the contract is what prevails." The content of the contract can be challenged. It is not that unusual for a consumer contract to contain unenforceable terms. If you read a DRI PSA you will notice that they repeatedly state that a given term applies UNLESS it is preempted by law. "All these grounds for cancellation that you mention have to be proved." If there is something wrong with the contract, it is right there in black and white. A bad contract can be cancelled. "It would then all come down to a matter of He said, She said." Claims that rely on eyewitness testimony are a little harder to prove than contract claims. But eyewitness testimony is evidence. And remember, there are usually two purchasers and one salesperson. If you hear two people who are probably over 60, testifying that a salesperson lied to them and the salesperson testifies to the contrary, who are you going to believe? The fact finder (a judge or jury) can choose to believe or disbelieve any witness. I find it disturbing that so many people believe their eyewitness testimony is not "evidence". The recent TS case in TN was based almost entirely on the verbal promises made during a sale. That couple's experience was very similar to what happens to many TS purchasers. The jury awarded those plaintiffs $600,000. http://www.knoxnews.com/news/local/court-timeshare-company-must-pay-600k-ep-911937811-353602121.html