Tactics within proceedings
Any court is entitles to reach its own finding of fact and should be presented with a variety of reasons why the buyers contract ought to be voided. This will give the court far more visual information as to the events which took place at the sales meeting, the attitude of the seller as well as the reasonable expectations of the buyer. It will also bring to the fore the sales environment, any duress and expectations of the buyer. It will also provide the court with the negotiating parity of the parties.
This all said the court will have the opportunity to reason as a reasonable man would as to events which occurred. Being able to do this the court may discount contractual evidenced of fact but all courts are permitted to make a finding of fact involving a particular set arguable statements.
This being so Misrepresentations claims can and do serve as (what some say is) “a second bite at the cherry” or an opportunity for a court to assist what they believe is an injustice.
Exploring further and side-stepping for a moment. At all times the Misrepresentation which a buyer seeks to make will have to be backed up with honest (clear, truthful and unexaggerated) witness testimony and the Timeshare Consumer Association has details of others who may claim the same Misrepresentation and at the same venue you attended and indeed at the same time. These people although not privy to the agreeing of your contract will provide a back drop and background as the events which occur as a sellers meeting. This can only reinforce your position.
This now aside and say you have made a claim for Misrepresentation and you have other unconnected parties who support your assertions the seller will have to either rely on discrediting your honest evidence or bring forward the witness who was in the room when the sale took place (the salesman, the secretary etc).
The likelihood is that those people have moved on which will leave the seller at a disadvantage as they will have no evidence to bring before the courts to challenge your facts in respect to Misrepresentation.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk