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[2008] Successful cancellation of Westgate purchase

Jgd88

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Yes both parties have to sign the cancellation letter.

Got conformation of signing for our letter this morning now just waiting on the phone calls to start so I know the process of the cancellation is rolling. The waiting is making me super nervous that we messed up on the letter or something. This whole thing is not fun at all.
 

theo

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"Both"...

...both parties have to sign the cancellation letter.

More specifically, every person whose signature is affixed to the purchase contract must also sign the rescission notice --- whether that's one, two, three or six people.
 

GandLjones

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Yes, we both signed. I will probably send another copy of the letter Wednesday just incase the other gets lost somehow. I guess technically its not a scam, but thats how we felt afterwards. I'm glad there are places like this to help educate people. We are both college grads, but just didnt have the knowledge to know any better. I hope the letter works and I can be free from the contract.
 

theo

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I hope the letter works and I can be free from the contract.

This is a crystal clear matter of law. It's not playing the lottery or some other game of chance and "hope" is both unnecessary and irrelevant to resolution.
You have the legal right to rescind, a right which is very plainly provided to you by state law and a right which you are simply now choosing to exercise.

As long as you followed the rescission instructions precisely, met the time deadline (by postmark date) and sent the rescission letter to the correct address by certified mail, the developer (albeit disappointed) has no choice or option other than to process your rescission, cancel the contract and issue full refund of your deposit.
It could, worst case scenario, lawfully take up to 45 days before you actually see that refund in hand, but it will happen. No "hope" required now, just some patience.
 
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LannyPC

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We are both college grads, but just didnt have the knowledge to know any better.

Don't beat yourself up over this. These sales people sting people of all walks of life regardless of your occupation, IQ, nationality, mother tongue, age, education, income, political and/or religious beliefs, health situation, etc. At least you had the knowledge to research within your rescission time frame and rescind in time. There are many TUGgers who bought and did not exercise their right to rescind.

Once your rescission is processed, we encourage people to keep reading up here on TUG to educate themselves better with regards to timeshares. You can examine all your options and make a more informed decision. Don't be too hasty to buy, even if it's a resale for $1. There will be many out there available for years to come.

And one other warning we give to people who are in the process of rescinding. Chances are you will get a phone call from the resort or sales person trying to persuade you to reverse your wise decision to rescind. We usually recommend not taking any phone calls from that area or from people you might not know. They might try to sweeten the offer but whatever extras they might offer will not be worth the money.
 

Jgd88

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I received confirmation that my letter was delivered a few days ago well within the ten day mark to the ocoee address. I expected them to try calling to try to change our minds but we haven't received any emails or calls. Should I be worried that our letter isn't being processed? Tomorrow would be the ten day mark. Should I send out a second letter? I'm starting to think that maybe I should just to ease my mind. What. A. Headache. I can't believe this company has any happy customers.
 

theo

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I received confirmation that my letter was delivered a few days ago well within the ten day mark to the ocoee address. I expected them to try calling to try to change our minds but we haven't received any emails or calls. Should I be worried that our letter isn't being processed? Tomorrow would be the ten day mark. Should I send out a second letter? I'm starting to think that maybe I should just to ease my mind. What. A. Headache. I can't believe this company has any happy customers.

If your signed letter of rescission was postmarked in time and sent to the correct address, then it will be processed and you will receive full refund of your deposit (although they actually have up to 45 days to issue the refund. It's the law --- it's not a willful choice or decision or any form of benevolence on their part.

Be grateful for these laws enabling you to reverse your own voluntary choice to make a bad financial decision and sign the overpriced contract in the first place.
Years ago, such consumer-protective statutes did not even exist at all to help you back out after freely and voluntarily (but unwisely) choosing to "sign up".

Dr. Philip McGraw has often said about people voluntarily choosing to make bad personal decisions like this.... "There are no victims --- only volunteers".
 
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GandLjones

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Our letter arrived on the 23rd. I sent out a second letter on the 27th, the last day of our ten days. Recieved a call this morning from the closing agent saying we needed to talk about our letter. Let it go to voicemail. That is a good sign, correct?
 

LannyPC

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That is a good sign, correct?

Yes, that is a good sign. It shows that the resort did indeed receive your rescission request. It (technically the developer) now is legally required to process your request and refund all your money within 45 days.

And that was definitely smart to let such a phone call go to voice mail. It was likely the sales person trying to persuade you to reverse your rescission request. What he or she said in the voice mail message is probably as much baloney as what he told you in the sales presentation.
 

GandLjones

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Great. The only thing I'm concerned about is that we opened a credit card through Westgate to pay the down payment, and we don't have any info on the card in our "new owners binder". They said it would come in the mail. I guess as soon as it comes in I can start checking to see if the charge has been reversed. I know they have up to 45 days to refund it.
 

theo

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Our letter arrived on the 23rd. I sent out a second letter on the 27th, the last day of our ten days. Recieved a call this morning from the closing agent saying we needed to talk about our letter. Let it go to voicemail. That is a good sign, correct?

Yes indeed. Don't bother talking to these weasels. There is no further need to do so --- your letter of rescission can and will now do all of the talking necessary. ;)
 

mdrealtor

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resale

Knock on wood we have not had the problems like some of the other folks on this thread. I own a 3 bedroom 3 bath at Westgate Lakes. I have used my times for Orlando, Myrtle Beach and exchange for a cruise but have not used it as much as I would like. I currently have it on a site for sale and for rent. Is there a good place to do this? I have been contacted out of the blue from a company that does not have great reviews on TUG.
 

Passepartout

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Knock on wood we have not had the problems like some of the other folks on this thread. I own a 3 bedroom 3 bath at Westgate Lakes. I have used my times for Orlando, Myrtle Beach and exchange for a cruise but have not used it as much as I would like. I currently have it on a site for sale and for rent. Is there a good place to do this? I have been contacted out of the blue from a company that does not have great reviews on TUG.

Problem is that many- if not most of the benefits you have as a retail buyer don't transfer to the next owner. If yours is a fixed week, fixed unit, fine, but if it's a floating week/unit, the next own er won't be able to book one- or an exchange until about 60 days before move in- based on availability. Any idea how many three bedroom units will be left at 60 days? These things and many others make Wastegate timeshares a real albatross around your neck. We've seen some people have some success giving them away, or pre-booking a prime week for the new buyer, but even these are few and far between.

As to a good place to list sales/rentals, joining TUG, ($15/yr) gives you the ability to post classified ads in the TUG Marketplace in the red stripe above. We think it's a pretty good place to advertise.

Good Luck, best wishes, and welcome to TUG.

Jim
 

Mandy325

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Waiting on cancellation confirmation

My husband and I were pressured into buying a timeshare while on vacation at Westgate in Park City, UT. They were supposed to have a dinner for us which was a total joke. Chili dogs was "dinner." After the saleswoman's pitch, we would say no and they would keep bringing the price down. I really wanted to research before we signed but, of course, they gave the whole "this deal only lasts today because of real estate law." My husband was very excited about it because we have two young children and he thought it would be a great way to be able to have more family vacations. After we sat there for 4 hours, we had finally signed the papers and got to leave.

As soon as we got back to our room, I got online and started researching and almost got sick after seeing all of these horror stories from other people. I then got some great information about cancellation on TUG, which I'm very grateful for. I sent two rescind/cancellation letters by certified mail on the 3rd day after we signed our contract. Utah law says you have 5 days. I did save my receipts and both were delivered and signed for. I have debated calling my bank to alert them to not allow Westgate to charge my husband's debit card since that was the card number we gave them to take out our monthly payments that are due to start on 02/05/15. My husband and I have not gotten any phone calls from Westgate, yet. I did read we would get a letter from them when the cancellation process was complete? Has anyone else heard this, too? I'm just anxious to know that this is all done and over with. Thanks again for all of the information!
 

theo

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<snip> I did read we would get a letter from them when the cancellation process was complete? Has anyone else heard this, too?

The developer (Westgate, in this particular instance) has no legal obligation to send you any such letter of confirmation. They might, but are not required to do so.
Their legal obligation is to process a timely submitted and correctly addressed rescission (cancellation) and issue a full refund of any deposit paid --- no more, no less.
In a worst case scenario, it could take up to 45 days for the refund to be received --- maybe sooner, surely no longer (by law).

By the way, Westgate has been known to (..and yes, they can do so lawfully) charge rescinding buyers $50 for failure to return the new owner binder / materials issued at the time of purchase. If you received any such worthless materials, it would certainly cost you less than $50 to ship them back, if you have not already done so.
 
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jewel15

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Westgate Cancellation...

I've really appreciated this forum while going through the process of cancelling our Westgate timeshare! I do have one question I was hoping someone could help us with - I prepared the letter to send and had my husband mail it with directions on how to mail it,but he mailed it just priority mail, and not certified mail. His thinking was since it had tracking, it would work for proof of delivery. Tomorrow is our 10th day, I'm wondering if I should send one more copy certified just in case, or if the Priority letter should suffice. Thoughts? TIA!
 

Passepartout

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I've really appreciated this forum while going through the process of cancelling our Westgate timeshare! I do have one question I was hoping someone could help us with - I prepared the letter to send and had my husband mail it with directions on how to mail it,but he mailed it just priority mail, and not certified mail. His thinking was since it had tracking, it would work for proof of delivery. Tomorrow is our 10th day, I'm wondering if I should send one more copy certified just in case, or if the Priority letter should suffice. Thoughts? TIA!

As long as you have a receipt that the letter was postmarked prior to the 11th day, you can prove that it was mailed properly. If you can't prove it was postmarked in time, another letter should be mailed.

Cheap insurance.

Jim
 

Bud's girl

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return binder

Thank goodness for this group. I sent in my rescind letter last week on day 9 of the 10 days.
I'm wondering if anyone has had any luck getting their $50/$75 back for the binder? If yes, what address did you send it to?

Is it really necessary to dispute credit card charge? or will this work itself out?

thanks again for all the other great advice.
 

Lisa193

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I was lost but now I'm found....

Thank God for this group/site/people!

I am so grateful to all of you who have shared your knowledge and experience on this shameful encounter that most of us seem to have had.

It's been bittersweet reading through and identifying with so many of the experiences and range of emotions that people have gone through. I've laughed and felt sick and not slept much last night since finding this site and reading as much as I could.

My family and I are from England and we attended a presentation just yesterday where we stupidly purchased a 2 bed for 1 Week every other year in Orlando, Florida for $18,000.

We were there for almost 8 hours with our son and baby and really thought we were buying into something great - ha!

What has disturbed me more than anything is that our notary played the role of being independent so well and seemed genuinely impartial. I asked her outright if we had a cooling off period and she told me that we didn't, once we signed that was it!

Well as soon as we got back I checked this out, but not before departing with a hefty 20% deposit. There is so much information out there that you can't ignore it - what got me was people who wanted to give up their timeshare for free!!!!

I told my fiance to read up on it too and after less than a minute he said we have to get out. Thanks to you guys, we now know exactly what to do and I will be doing it in a few hours well before we leave Florida for the UK.

Can't believe the secret velcro pocket - it's just all so insane, I'd laugh if it wasn't so tragic and sinister what they are doing to people.

I must say though, I've learnt a lot about myself and I won't even enter any high pressure sales environment again - I hate them and I'm rubbish at resisting - they see me coming.

I'm pleased that refunds don't seem to take too long and that at least one section of their organisation is abiding by the law and giving us back our money.

I also feel bad knowing that some people do this kind of thing for a living without remorse - how can they be so comfortable selling lies and valueless crap? I pray to God life never gets that bad for loved ones or I.

Thanks again everyone - I will keep you posted.
 

theo

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delteed inadvertent duplicate post --- see post below.
 
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theo

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<snip>... I'm pleased that refunds don't seem to take too long and that at least one section of their organisation is abiding by the law and giving us back our money.

I also feel bad knowing that some people do this kind of thing for a living without remorse - how can they be so comfortable selling lies and valueless crap? I pray to God life never gets that bad for loved ones or I.

First and foremost, congratulations on planning to promptly extract yourself from the slimy clutches of Westgate. Well done! :clap:
You are wise to avoid buying a product that you would likely have great difficulty even giving away for free later.

Truth to tell, these parasitic weasels are actually fully complying with the law in every way, technically speaking anyhow --- they would never dare to do otherwise.
Sadly, they can (and they routinely do) orally lie and exaggerate and obfuscate and deflect and still be within the bounds of the law, since they know full well that all that ultimately matters legally is the content of the written contract and their compliance with providing (even while attempting to hide) written cancellation (rescission) instructions which apply to the particular state in which the transaction is conducted. (In the U.S., different states have different rescission periods, generally ranging from as few as 3 days in several states to as many as 10 days; Florida being among the few "10 days" states). Don't rescind in person --- do everything in writing, don't call or speak to them on the phone either and use certified U.S. mail for your rescission letter (save the date stamped, counter-issued USPS receipt for future reference).
Make very sure that everyone who signed the purchase contract also signs the rescission letter.

In essence, the way they operate is deceitful, reprehensible and disgusting --- but entirely "abiding by the law", as oddly contradictory as that description might seem.

Be patient, it could (and it very well might) take up to 45 days (legally) for you to have your refund in hand. Don't answer any phone calls from these parasites either, since no good can come of it. They might not bother to even make the calls in your case, probably being too cheap to incur the trans-Atlantic call expense.

P.S. I am entirely unclear on the specific nature of your "$120 gift" so I am not going to in any way overtly advise you on that point. I will say only that if I personally was standing in your shoes, I would return the "gift" as well as any and all "owner materials " provided to you. What's $120 with $18,000 at stake? But, that's your decision.

P.P.S. Your notary was still a company employee and likely well trained to provide certain (non-binding) oral (...never written) answers to any questions. Enough said.
 
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MuranoJo

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I've always thought it would be nice to see a photo of the secret velcro pocket. We've heard of it for some time, but still it would be nice to see exactly where it is in the binder--and perhaps use it to assist others.
 

Lisa193

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Thanks Theo - EVERYTHING will be returned. The gift I understand is normally tickets but as we already had them they gave us money instead.

The notary said she was independent and employed by the government - but then her name was printed on the door in their hotel suggesting she works there, alongside everyone at Westgate. Gosh I can't believe the levels of deceit.

No, we won't be speaking to them again - that's what got us into this mess in the first place!
 
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