TS "Owner Support & Assistance"

[khiemh]

Hello All,

New to the community and unfortunately too late. We recently and hastily bought a TS at Grandview Las Vegas during our Easter weekend vacation there. We tried to rescind but was a day too late for the 5 days rescission period. I suppose weekend days are included in the rescission period? We signed papers on a Saturday and tried to rescind on the following Friday.

Well to move along, we were placed on "technical default" when we sent the rescission form in a day late. We received a phone call message and an email from Mr. Chuck, Co-Director of Owner Support Division, Vacation Village Family of Resorts. He offered to assist us in our TS purchase by downgrading to a smaller priced (about 1/3 of the original contract purchased) package that includes 1BR 49000RCI pts 2 bonus weeks Biennial. The original package was 2BR 98000RCI pts 4 bonus weeks yearly week 17. The down payment from the original contract will be transferred to the downgraded contract and according to Mr. Chuck's email "This agreement, once in full force and effect, supercedes any previous
agreements..." So, my questions are:

1. Has anyone heard/experienced this "Owner Support & Assistance" program before?

2. Can I use his initial email which states that (the downgraded contract)
"This agreement, once in full force and effect, supercedes any previous agreements..." as my protection to ensure that the original contract is VOID once the downgraded contract passes its rescission period of 5 days?

At this time, I am waiting on the receipt of the new downgraded contract in the mail to sign. I just want to make sure that I am NOT actually purchasing a second TS contract. Mr. Chuck ensures I am not because we are transferring the full down payment of the original contract to the new contract.

TIA for any advice/inputs from the community.

"I wish I had known about TUG before I bought my first timeshare"

 

[khiemh]

Well we received the paperwork for the new contract to downgrade our original purchase. According to the documents, the full down payment of the original purchase will be transferred to the new contract but we will have to pay another closing cost. We definitely feel much better about the smaller debt we put ourselves in and will learn from our mistake and make the best use of our new purchase.

So for those who are looking for some possible financial relief from a hastily purchased retail TS short of missing the rescission deadline, you may want to try asking about a "support and assistance" program, if available, from the seller.

 

[Tia]

Think I'd wait to hear from some others re this transaction.

Maybe the Moderator can move this to the Wyndham board???

 

[puppymommo]

Why move it to the Wyndham board? OP is talking about the Vacation Villages family of resorts.

 

[Passepartout]

Sounds like if they are so willing to 'downgrade' you to a biennial 1BR from a 2BR annual contract, they might just drop the entire contract. This 'technical default' thing tells me that they are trying to salvage a sale. If you have a receipt that shows that you made a good faith effort (even with a weekend- that you didn't count against the rescission period, and they did), and you threaten BBB report and going to the Atty. Gen'l of your state and Nevada, you might just prevail. No guarantee, but nothing ventured nothing gained. Worst case, you end up with the biennial contract. If you ordinarily go to Vegas or their other locations at least every other year, you can live with it.

Many TUG members and guests have bought retail and found us too late. You saw value in the TS when you bought. It's still there, even though you now know that it's available resale a lot cheaper.

The only problem I see with the biennial contract is a fairly small number of RCI Points that you have to pay the same RCI dues for as a large number. It will get you a week in a middle-of-the-road TS. Not Disney or Marriott or Hilton quality, but along the same line as Grandview.

Best wishes, and Welcome to TUG!

Jim

 

[Tia]

Why move it to the Wyndham board? OP is talking about the Vacation Villages family of resorts.

I thought that it was a Wyndham, guess not. Either way he'd posted on the 26th and gotten no replies til this am the 28th , so time was ticking...

 

[khiemh]

Sounds like if they are so willing to 'downgrade' you to a biennial 1BR from a 2BR annual contract, they might just drop the entire contract. This 'technical default' thing tells me that they are trying to salvage a sale. If you have a receipt that shows that you made a good faith effort (even with a weekend- that you didn't count against the rescission period, and they did), and you threaten BBB report and going to the Atty. Gen'l of your state and Nevada, you might just prevail. No guarantee, but nothing ventured nothing gained. Worst case, you end up with the biennial contract. If you ordinarily go to Vegas or their other locations at least every other year, you can live with it.

Many TUG members and guests have bought retail and found us too late. You saw value in the TS when you bought. It's still there, even though you now know that it's available resale a lot cheaper.

The only problem I see with the biennial contract is a fairly small number of RCI Points that you have to pay the same RCI dues for as a large number. It will get you a week in a middle-of-the-road TS. Not Disney or Marriott or Hilton quality, but along the same line as Grandview.

Best wishes, and Welcome to TUG!

Jim

Thanks for your reply Jim. When we first spoke to Mr. Chuck, we told him we were willing to lose the down payment and fees/closing cost of the original contract in order to cancel everything and move on from there. We were hoping they would do just that. But instead he sounded like the seller/developer wanted to pursue further in enforcing the contract, from his email:

"Please be advised that You are in default of your obligations under the
Contract. As
a result of the default, I regret to inform you that the Developer intends
to exercise all or
some of its contractual rights.

These rights include but are not limited to the following:

a) The right to declare the Contract cancelled;
b) The right to retain any and all deposits made by you;
c) The right, in accordance with the terms of the Contract, to enforce the
Promissory Note executed by you in connection with your purchase."

Well we have 10 days to return the new contract. I will try to call the Nevada Attn. Gen. to see what they think about this, esp. the missed rescission time by one day. Not sure how easy it is to get into contact with them since we never had to do something like this before.

 

[Passepartout]

If they will allow you to take option (a), cancel the contract, you're a winner! Ding, Ding, Ding!

You don't say how much you put down and if you put it on a CC which you can dispute, and/or cancel the card. You might be money ahead to just (a+b) give them the down payment and walk.

They are probably within their rights to hold you to the contract, but have already admitted- and sent you a new contract with better (cheaper) terms- which you might be able to rescind from as well. I have a hunch that this- and your going to the AG is just a delaying tactic to get you well past the rescission period.

Look through the new contract. If it's dated well past the old contract date, and still has the rescission clause in it, that might be the deal. Sign the new one- that stated it replaces the earlier one (with contract #) then rescind the new one. It would be skitchy, but if it works, you'd be free of 'em.

I think, though that they know that they are on shaky ground with you having rescinded one day late, and them trying to enforce it. Some outfits, I'd understand doing that, but Vacation Village doesn't have that widespread reputation.

Best!

Jim

 

[robcrusoe]

NRS 119A.410 Right to cancel contract of sale.

NRS 119A.410 Right to cancel contract of sale.

1. The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.

2. The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.

3. The notice of cancellation may be delivered personally to the developer or sent by certified mail, return receipt requested, to the business address of the developer.

4. The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.

(Added to NRS by 1983, 982; A 1985, 1141; 1987, 894; 2003, 984; 2007, 1549)

if all else fails, look it up

we don't know if the OP even properly executed his late rescission

anyway, by own admission he did it on the sixth day

sounds like that dastardly Berkeley group is giving you a partial out
http://www.timeshareforums.com/foru...7465-how-rescind-berkley-group-grandview.html

I could be wrong, but if you were late, you were late

 

[robcrusoe]

If they will allow you to take option (a), cancel the contract, you're a winner! Ding, Ding, Ding!

You don't say how much you put down and if you put it on a CC which you can dispute, and/or cancel the card. You might be money ahead to just (a+b) give them the down payment and walk.

They are probably within their rights to hold you to the contract, but have already admitted- and sent you a new contract with better (cheaper) terms- which you might be able to rescind from as well. I have a hunch that this- and your going to the AG is just a delaying tactic to get you well past the rescission period.

Look through the new contract. If it's dated well past the old contract date, and still has the rescission clause in it, that might be the deal. Sign the new one- that stated it replaces the earlier one (with contract #) then rescind the new one. It would be skitchy, but if it works, you'd be free of 'em.

I think, though that they know that they are on shaky ground with you having rescinded one day late, and them trying to enforce it. Some outfits, I'd understand doing that, but Vacation Village doesn't have that widespread reputation.

Best!

Jim

and here's where they can't take away your birthday
but they have more lawyers on staff than you can afford to hire
I don't think THEY are on shaky ground, the law is clear

 

[robcrusoe]

I will try to call the Nevada Attn. Gen. to see what they think about this, esp. the missed rescission time by one day. Not sure how easy it is to get into contact with them since we never had to do something like this before.

missed is missed
this is not horseshoes nor hand-grenades
but a call to the AG's office is a good idea