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[2008] Successful cancellation of Westgate purchase

Discussion in 'Buying, Selling, Renting' started by rsm, Jun 13, 2008.

  1. Rent_Share

    Rent_Share Guest

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    Unusual for Wyndham to take a page from Westgate's playbook
     
  2. Cool_Dad

    Cool_Dad Guest

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    New Member here to TUGBBS:

    I purchased from Westgate Resort Villas in Orlando on September 7. Took me finding a nice gentlemen on a website who specialized in fighting for owners who've been scammed. He pointed me to the correct information when he found out I was within my 10 day grace period. I've sent my letter of rescission, already got signature back so I know they have it.

    I actually copied the wording of the letter from an earlier post on this board, so thanks to some nice person. Of course I completed the letter with my correct information.

    One BIG thing: I was never given a copy of the contract I signed. And while I faintly remember someone mentioning a CD that would be provided to me, I never got a CD either.

    I'll let you know how things go.

    Thanks for some good reading in the board.

    _____________
    Norm
     
  3. csxjohn

    csxjohn TUG Review Crew: Veteran TUG Member

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    Welcome to TUG.

    Could you provide a link to the web site where you found the gentleman who helped you? That site might be good for us to know about.

    As you read more and more here you will really find out how lucky you are that you got out of that deal. The fact that you did not get copies of the contract is just the tip of the iceberg with them.
     
  4. Cool_Dad

    Cool_Dad Guest

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    The website is http://www.givebacktimeshare.com. There number is displayed on the front page. I simply called, spoke to Mike. He was extremely helpful in leading me to the Florida Statue, 721.10, in case you're interested, that governs the sale of time shares.

    Norm
     
  5. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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    Norm, we are glad you found TUG in time. One additional piece of advice, be careful answering the phone until the time for your rescission has passed. They will call you and try to 'save the sale'. They will record the call(s) and try to trick you up into saying you don't have a good reason to rescind, really didn't mean to rescind, or other things to try to delay you. Best to just not answer any calls from parties you don't recognize.

    They are shysters and weasels and are not to be trusted.

    Once this nightmare is behind you, and if you still think timesharing has some appeal, study around TUG, buy resale, and vacation happily ever after.

    By the way, how much $ were they going to charge you? We are kind of keeping track of how much TUG has saved people. So far the verified amount that people have told us about is about $2 million- and that isn't counting Mexican ones.

    All the best....

    Jim
     
    Last edited: Sep 12, 2013
  6. csxjohn

    csxjohn TUG Review Crew: Veteran TUG Member

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    In briefly looking at the web site most of us would say, watch out, this is an upfront fee company and to stay away.

    However I have to give them credit for steering Cool_Dad to the proper rescission procedure.

    It shows me that not all these guys are total crooks out to make a buck anyway they can. They could just as easily have told CD that he is SOL and tried to take his money.
     
  7. Cool_Dad

    Cool_Dad Guest

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    They started out at $33000, 6100 down, payments of almost 600 a month for 10 years. Maintenance fees of 780 a year. After the first NO, they dropped to $8900, 1500 down, and payments of 163 for 10 years. Maintenance fees of 780 every OTHER year...but I could only use the condo every other year.
     
  8. Cool_Dad

    Cool_Dad Guest

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    I believe you are correct on your assumption of that site. When I told them I signed the papers 3 days ago he immediately told me I was still within my 10 days of rescission. I was praying, literally, but never dreamed I had 10 days to "change my mind". He sent me to the Florida Statue, which I had no problem finding. He was very nice, professional, never even mentioned money to me. He genuinely seemed interested in helping me.

    NE
     
  9. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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  10. theo

    theo TUG Review Crew: Veteran TUG Member

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    Doesn't really matter now, but...

    The developer (...any developer) is required by law to provide you with a copy of the contract which you execute with them and precise, written rescission instructions (which may be on the actual contract itself).

    Some Westgate buyers have reported in the past having belatedly discovered this info subtly tucked into a "hidden" pocket in the binder given to them. What exactly did you receive from the developer? :shrug:

    I'm not disputing your statement or your first hand experience, but even the slimiest, lying sales weasels are very reluctant to overtly violate the law by failing to provide that which the law very clearly requires them to issue to a buyer. Please tell us what you did receive, if not that which the law very clearly requires.

    You've already wisely initiated contract rescission, so it's academic --- but I'm still curious. :confused::shrug::confused:
     
    Last edited: Sep 12, 2013
  11. Cool_Dad

    Cool_Dad Guest

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    Passepartout....haha, that's funny. Yeah, they look familiar! WHEW...(wiping sweat off brow)


    Norm
     
  12. timeos2

    timeos2 Tug Review Crew: Rookie TUG Lifetime Member

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    Cool Dad - As you are now lucky enough to understand it has long been known to those around timesharing that the ONLY happy Wastegate owner is a former Wastegate owner. There is only one other type - a current owner that hasn't been disillusioned yet. But give it time, they will be before they join the happy ex-owner ranks. Congratulations on findng your way out in time!

    (ex - thus now happy - Wastegate owner)
     
  13. Cool_Dad

    Cool_Dad Guest

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    First of all I received a nice black binder with "Westgate Resorts" emblazened on the inside.

    1. Brochure on westgate travel club
    2. Brochure on there referral program
    3. Thick printed book listing every property an owner can stay in within Interval, another company that handles exchanges, with a $164 fee, of course.
    4. Several reference posters offering people a short stay for $99, must sit through 90-minute presentation. If they purchase I would get up to $600 in cash. They were in English and Spanish.
    5. I got what they call the "Daily Line Sheet" with an abundance of notes written on the back, handwritten in our presence by the broker at the closing of the sale. The front had information like deposit, monthly payment, length of note, interest, (17.99%) where our unit was located on the property, when I could use the unit, (every other year), and the phone numbers of our sales person and the closing agent.

    I've emptied the black binder, turned it upside down, searched for zippered pockets. I do not have a contract, which I know is a legality. I also initialed several details on a sheet of paper, and signed the paper, that I should have gotten a copy of. I do not have the copy. I honestly believe the agent forgot to give copies of the contract and the other sheet to us. She left to make copies, and mentioned a CD on the way out the door, but she never gave us anything when she returned. She had a manilla folder, and I think she tucked it in the folder, which is now in a file cabinet somewhere.

    I'll add here that the meeting with the closing agent was recorded, with our permission, for liability...they said.

    Also, nowhere did anyone mention to us anything about a rescission option, nor did they mention that we could NOT rescind our decision with any time period. We were not asked to sign anything that indicated we were agreeing not to cancel the sale within a time period.


    Still waiting on their contact after receiving my letter of rescission. It was received and signed for on September 12.
     
  14. Cool_Dad

    Cool_Dad Guest

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    Grab some popcorn and go read this the details of this, uh...affair? Mr. David Siegel himself is involved. And I think he lost a few bucks over the deal.

    http://www.morelaw.com/verdicts/case.asp?n=08-16291&s=FL&d=42459
     
  15. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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    I needn't read anything on this 'head slimy weasel' to know his tricks. For entertainment go to Netflix and watch 'The Queen of Versailles'. about the building of America's biggest house for...you guessed it... David SeaGull. The best line in the movie was when things were not going so well and his trophy wife went to a car rental counter to pick up a car and asked the agent, "What's my driver's name?"

    Jim
     
  16. theo

    theo TUG Review Crew: Veteran TUG Member

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    Congratulations!

    Yes, surely she just "forgot".... :rolleyes:

    Since her failure to provide those particular, specific documents was a clear violation of law, "I forgot" is really the one and only available "explanation". Nonetheless, we'll just go with "she forgot" --- and I truly admire (...but I certainly do not share) your faith in the non-existent integrity of a hungry sales weasel.

    Rescission rights are provided by state law; that right cannot be "waived". Time periods differ among various states, ranging from 3 (e.g. Massachusetts) to 15 (e.g. Alaska) days. It's 10 days in Florida, 5-7 days in most other states. The applicable rescission time period and specific rescission instructions for your particular purchase must be provided to you; it's required by law. However, that information just happens to be on the only documentation which Westgate somehow "forgot" to provide to you. Slimy weasels...

    In any case, well done. :clap: You've dodged an expensive bullet and in so doing you are avoiding any association with a company you should want nothing to do with at any price --- including free! :eek:

    P.S. DO NOT answer the inevitable phone calls you'll receive after they receive your contract rescission.
    Just let the law do its' work for you, without any (legally meaningless) phone conversation.
     
    Last edited: Sep 13, 2013
  17. rohanb

    rohanb Guest

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    Timeshare cancellation

    Hi Guys, As Cool Dad, im new to this forum and looking for alittle advice,

    Cancelled my time-share with west gate 4 days after signing contract. Based on my research this is within the period for cancellation under florida Law.

    The closing officer just called and said that even though the law allows for cancellation, there are fees that can be charged for cancellation, and that I may "lose $1000s of dollars".

    She would like me to visit her office to discuss. Can I be charged fees for cancellation? Is it necessary to visit her office to discuss? Thanks in advance.
     
  18. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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    There CAN BE NO CHARGE TO CANCEL! It's your RIGHT. You DO NOT have to go anywhere or meet with anyone. All they want is to 'save the sale'! They will reduce the price, offer you resales or every other year purchases, 3 day weekends if you will only not cancel.

    To see how many 'thousands' it will cost you, take a look at the eBay link I posted earlier today upthread a few posts. They have to pay people to take them. Westgate resorts have ZERO value! Print out a few of those ads for your own reinforcement if necessary.

    I would NOT go to any 'meeting', and furthermore, I'd not answer the phone to unknown numbers. It's them, and they are in effect stalking you.

    Welcome to TUG. We're glad you found us.

    Jim
     
  19. rohanb

    rohanb Guest

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    Hi,

    Thanks! I will certainly take your advice. If I don't reply or answer they refund process should still go through?
     
  20. pacodemountainside

    pacodemountainside TUG Member

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    Guaranteed any further contact with them is NOT in your best interest. They have "experts" to stall you past recission and or talk you out of rescinding.

    Note your wording "can be" and "may be". Simple terrorist tactics. Probably will charge say $50.00 for materials if you do not return, so just spring for postage.

    Age old sage advice, always read and understand what you are signing and insist on a copy. If you sign a legal document with blank spaces, there is nothing to prevent crooks like this from writing in anything they want.
     
  21. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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    You don't say whether you mailed the rescission letter or have other proof that it was sent on time. If all you have to go on is that the closer called you, it might be suspect.

    IF you have proof of the letter being sent- whether or not you have proof of it's delivery, they have no choice but to rescind the sale. Rescind means, 'make it like the sale never happened'. You will get back every cent in the form you gave it to them. Credit card, check, bank draft, whatever.

    They CAN and have held back like $50 for the briefcase, or folder you were given. That can be sent to the sales office, and not to the business office.

    iirc, they may have about 45 days to return your down payment, and experience has shown that they use it all.

    Have NOTHING to do with Wastegate. Treat them like poison.

    Jim
     
  22. csxjohn

    csxjohn TUG Review Crew: Veteran TUG Member

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    I want to emphasize what Jim is saying here. Make sure you sent it according to the rescission instructions with some sort of proof from the post office of when you mailed it. If it's not past your rescission period you can send another letter to cover yourself.
     
  23. Cool_Dad

    Cool_Dad Guest

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    Morning folks...

    Cool_Dad here again with an update.

    Thursday evening I got a call from my closing agent/real estate agent. I did not answer it, came across as "unknown" on caller ID. Message left with number to call her. She gave me the number previously, at the closing. I attempted to call her back no answer.

    Since I do not have a contract, I do not know exactly how they "require" the sale be rescinded. I've requested a copy of the contract through the online owner's account so I can read it for myself to make sure I'm doing what I need to do.

    Oh yeah...and I CANCELLED my debit card so they can't get their hand on my money again. This one may bite me as I paid my deposit of $400 on that debit card. It's in their hands according to Florida law, and they owe me the money anyway!

    Thanks again for all the help. I'll continue my updates until it resolved.

    Norman
     
  24. Rent_Share

    Rent_Share Guest

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    You should file a complaint with the Florida State Real Estate commission failing to provide you with your rescission instructions/contract at the time of sale is a violation of law.

    How many times can one company lose the same piece of paper
     
  25. theo

    theo TUG Review Crew: Veteran TUG Member

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    Some thoughts...

    All your rescission letter had / has to include is the date of your contract execution, a specific identification of that which you purchased, a clear statement of your contract rescission, and the signature(s) of all parties who executed the contract in the first place. Nothing fancy or further is required, so don't sweat the absence of a contract in your possession.

    That being said, I strongly recommend that you stay off the phone on this matter. If so inclined, you can send another letter, referencing and reinforcing the clear intent and objective of the first rescission letter, also filling in any initial info items you may have initially overlooked. Also, very clearly state in writing for the record that you were not provided a copy of your contract upon execution, as clearly required by law.

    The law will work for you. History has repeatedly demonstrated that even slimy Wastegate Weasels dare not overtly defy the law. They will (...and they do) cajole you, lie and skate around the edges of the law as best they can, but in the final analysis they have no choice other than to process a properly and timely submitted rescission and issue you a refund of your deposit. Period, amen.
     
    Last edited: Sep 13, 2013

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