Got into buying but Saw this wonderful website and wanting to Rescind

momwantsavacation · Aug 19, 2015

Hello everyone!

I found this wonderful website and although the presentation and what we bought was an extra expense, we were willing to make it because we really needed a quality place to stay esp. now that we have a family.

But now I am figuring out that it seems that we may have overpaid and wanted to rescind it before our contract kicks in. But I could not, for the world of me find where the instructions for the Right to Rescission is in my thick Welk resort Escondido binder! Pls help! Is it in the contract or the thick State of California documents (I guess it's a copy of the TS laws?) they gave me? I got the TS on Sunday, so does that mean, I have until Friday to send it?

I was really having second thoughts and your forum helped me out a bit. I have been referencing your site and other ones and pretty much everyone's info has been at par.

After the rescinding my TS, I am thinking of following this group and see if I can finally get a good deal for a TS and not put under debt.

Thanks in advance for the help!

vacationhopeful · Aug 19, 2015

Good .. USPS certified mailing date ... by the date in the contract to the address in the paperwork to resend.

And every 4 hours ... post another thread/comment to keep this up as fresh until someone KNOWs the answer to your questions. Welk would not be the ONLY developer who has a secret pocket in the BIG STACK of paper they gave to you ... hoping you not find it, till TOO LATE.

Good luck!

Welcome to TUG!

momwantsavacation · Aug 19, 2015

vacationhopeful said:
Good .. USPS certified mailing date ... by the date in the contract to the address in the paperwork to resend.

And every 4 hours ... post another thread/comment to keep this up as fresh until someone KNOWs the answer to your questions. Welk would not be the ONLY developer who has a secret pocket in the BIG STACK of paper they gave to you ... hoping you not find it, till TOO LATE.

Good luck!

Welcome to TUG!

Thanks Linda for replying so quickly! I really need help and this forum seems to be kept fresh and updated.

It sounded awesome at first and I even computed that it would fit our budget. But then I started seeing the resale market, which I know that some of them are scams but people have bought REAL and AFFORDABLE TS in the resale market, This shocked me like crazy! I don't want to throw money away just because I want to give my family a good vacation. I want it to be fair to my wallet as well (and sanity).

I am going home soon and will review all the paperwork again. Do you think it is exactly in the purchase contract? I may have to re-read the whole thing. The only thing that bothers me is I remember that it says that if I ever cancel, I have to give up my deposit. Is this legal? Through my research CA law stated that I can get a full refund, right?

vacationhopeful · Aug 19, 2015

DO IT NOW ... not at home ... might be too late!!!!

DO NOT WAIT to GO HOME....

The sales staff gets you the first day or two on vacation ... KNOWING most people will NOT LOOK at paperwork immediately ... and when they do ... it is WAY BEYOND the date to cancel.

Some states ONLY have 5 days (counting weekends) to rescind ...

If you have $25000 as to the cost of this contract plus interest ... if that pile of $20 bills was on FIRE ... how fast would you be covering the flames with a blanket or water?

Sales departments count on YOUR vacation mode .... READ and find the paper work .. most states require it to be in BIG LETTER print near the signature pages.

But one resort hides it in a hidden compartment in the binder ... because, they provided it to YOU in the paperwork you were given ...

And don't talk (call or in person) the sales staff ... they are SO NICE as they are getting a commission check ... no sale, no paycheck .. just like all real estate agents. And TS sales people don't have references ... just every week a NEW SET OF MARKS to be conned.

REALLY!

momwantsavacation · Aug 19, 2015

I was still at work but now home. I can't afford a long vacation which is why the TS was so tempting. Lol.

I will look for it right now. I will follow your advice and look in the nook and cranny of the binder.

Is it really possible to own an affordable TS? I am so saddened by this...

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Passepartout · Aug 19, 2015

If you can find your contract number that would help. It MUST be In that big pile of papers you signed and initialed. The address and instructions MUST be there as well. You will want to send a simple 'I wish to exercise my right of rescission' letter to the business office, which will likely be different than the sales office where you signed the contat.

Make sure the dates are accurate, that ALL persons who signed the contract- (You and Husband), and include a copy of the signature page of the contract.

Send it certified w/returned receipt.

Good Luck, and Welcome to TUG!

Oh, and yes, I paid a buck for one of my timeshares and $1.25 for another.

Jim

momwantsavacation · Aug 19, 2015

I FOUND IT! YES! But it talks about liquidated damages and that they will keep 10% of the cost because they said that they have 'pulled out the points already' does this count if I am exercising my right to rescission? Can they take that money from me?

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Passepartout · Aug 19, 2015

momwantsavacation said:
I FOUND IT! YES! But it talks about liquidated damages and that they will keep 10% of the cost because they said that they have 'pulled out the points already' does this count if I am exercising my right to rescission? Can they take that money from me?

Sent from my SAMSUNG-SGH-I337 using Tapatalk

The definition of "Rescission" is to set things back as they were before the sale. You will get EVERYTHING back. It's your right and cannot be refused. Now write your letter, make your copies and get to the post office tomorrow. You will sleep better.

By the way, there is a good chance someone (the sales weasel) will call to try to change your mind. No good can come from talking to anyone from there. Just don't answer unknown numbers.

It can take up to 45 days for the refund, and there is no requirement for them to keep you informed, but the law is on your side and they MUST process your rescission.

Jim

momwantsavacation · Aug 19, 2015

Passepartout said:
If you can find your contract number that would help. It MUST be In that big pile of papers you signed and initialed. The address and instructions MUST be there as well. You will want to send a simple 'I wish to exercise my right of rescission' letter to the business office, which will likely be different than the sales office where you signed the contat.

Make sure the dates are accurate, that ALL persons who signed the contract- (You and Husband), and include a copy of the signature page of the contract.

Send it certified w/returned receipt.

Good Luck, and Welcome to TUG!

Oh, and yes, I paid a buck for one of my timeshares and $1.25 for another.

Jim

Thank you so much for the tip! I followed what you said and I saw it at the very end, the last paragraph. It says I can also do it by fax. But I will follow everyone's advice and send a certified mail as well.

Do I just say this:

To whom it may concern:

We exercise our Right of Rescission as of August 20, 2015 for Welk Resort in Escondido. Attached is the signature page as further proof.

Signed,

Husband
Wife

Does this sound good?

Wow! Thanks Passepartout! So it is doable for TS to be affordable! Well at least my dreams of having a TS is not entirely crushed. Lol

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Passepartout · Aug 19, 2015

It isn't elegant, but will get the job done just fine. Don't send the original signature page, send a copy.

You're welcome. Buy me a beer if you see me at a TS someplace. I'll be the one wearing the "Save Thousands, Buy timeshares Resale!" T-Shirt.

Jim

Passepartout · Aug 19, 2015

You might also add to your letter, "Promotional Materials to be returned under separate cover" Then send their junk back to the resort by pack mule, or slow boat, or parcel post. Some cheap way. Some resorts bill rescinding buyers for their crap, even though they'll just throw it away.

momwantsavacation · Aug 19, 2015

Passepartout said:
It isn't elegant, but will get the job done just fine. Don't send the original signature page, send a copy.

You're welcome. Buy me a beer if you see me at a TS someplace. I'll be the one wearing the "Save Thousands, Buy timeshares Resale!" T-Shirt.

Jim

Just to clarify, Is this the same as the right of rescission since it didn't have a title:

"You may cancel this contract without any penalty or obligation within seven calendar days of receipt of the public report or after the date you sign the contract, whichever date is later... Your notice of cancellation shall be effective upon the date sent and shall be sent to Welk Resort Group, 8860 Lawrence Welk Dr., Escondido, CA 92026 Attn: Preview Center..."

For sure, Jim! I owe you and Linda a case!

Passepartout · Aug 19, 2015

momwantsavacation said:
Just to clarify, Is this the same as the right of rescission since it didn't have a title:

"You may cancel this contract without any penalty or obligation within seven calendar days of receipt of the public report or after the date you sign the contract, whichever date is later... Your notice of cancellation shall be effective upon the date sent and shall be sent to Welk Resort Group, 8860 Lawrence Welk Dr., Escondido, CA 92026 Attn: Preview Center..."

For sure, Jim! I owe you and Linda a case!

That is correct.

taterhed · Aug 19, 2015

Welcome to TUG. Now you can get advice and guidance and find the timeshare that fits your needs perfectly.

TUG is the place to get advice, reviews and the knowledge needed to purchase and use your vacation. Many here have purchased from developers, but most (I think) are resale buyers or have both. With many TS systems, the differences between buying from the developer and buying resale are effectively slim to none.

After you rescind, don't give up or forget how important vacation time is. If it sounded like a deal at $xx,xxx, imagine what a great thing it is at $X,XXX.

Welcome and consider joining TUG as a member. The best $15 you'll ever spend.
:hi:

momwantsavacation · Aug 19, 2015

taterhed said:
Welcome to TUG. Now you can get advice and guidance and find the timeshare that fits your needs perfectly.

TUG is the place to get advice, reviews and the knowledge needed to purchase and use your vacation. Many here have purchased from developers, but most (I think) are resale buyers or have both. With many TS systems, the differences between buying from the developer and buying resale are effectively slim to none.

After you rescind, don't give up or forget how important vacation time is. If it sounded like a deal at $xx,xxx, imagine what a great thing it is at $X,XXX.

Welcome and consider joining TUG as a member. The best $15 you'll ever spend.

Thanks for the welcome, Rob. I have indeed learned a lot these last 2 days that I have been reading this forum. This is also why I decided to rescind because of what I have been seeing on how much TS is really worth. Granted mine was in So Cal (that's what they said at least), but I thought it was pretty steep as well but it sounded doable bec. of the monthly payment option. I swallowed hard once I did see the total cost and started searching and comparing TS resale.

I will indeed keep dreaming about that vacation once I educate myself a bit more. In short, I have an obligation to be in Hawaii in two years which is why I got suckered into this TS.

I really appreciate everyone for taking time to help a mom and family in need!

Ty1on · Aug 19, 2015

momwantsavacation said:
Thanks for the welcome, Rob. I have indeed learned a lot these last 2 days that I have been reading this forum. This is also why I decided to rescind because of what I have been seeing on how much TS is really worth. Granted mine was in So Cal (that's what they said at least), but I thought it was pretty steep as well but it sounded doable bec. of the monthly payment option. I swallowed hard once I did see the total cost and started searching and comparing TS resale.

I will indeed keep dreaming about that vacation once I educate myself a bit more. In short, I have an obligation to be in Hawaii in two years which is why I got suckered into this TS.

I really appreciate everyone for taking time to help a mom and family in need!

And if you don't mind posting the contract amount, TUG's owner keeps a tally of the total money victims have saved finding his site in time to rescind.

Also know that there are a LOT of options besides Welk. Welk is very limited in the number of resorts within its system. Spend lots of time here learning about the different systems and what locations they have, and how to use them, then find a resale that fits your need.

Passepartout · Aug 19, 2015

momwantsavacation said:
I will indeed keep dreaming about that vacation once I educate myself a bit more. In short, I have an obligation to be in Hawaii in two years which is why I got suckered into this TS.

OK, Now WHOA. Slow down. You have some reading and studying to do. There is no hurry. No need to rush out and go shopping willy-nilly for a resale that might not be right for you.
Go here: http://www.tugbbs.com/forums/showthread.php?t=208742 Click Quote at the bottom of it and answer the questions. They will help us help you channel what might be right for you. Or maybe not. For someone on a tight budget, maybe NOT owning a TS id the right answer. Today, it's very easy to rent from other owners, and often for less than those owners are paying in maintenance fees. AND with no buy in cost, AND no ongoing expense yourself.

You mention a Hawaii commitment. I don't know what the Welk salesweasel told you, but I don't think they have a resort there, and honestly Hawaii is not the easiest trade with the run-of-the-mill mainland timeshare. We have a saying here in TUG, that if you want to go to a specific place, own there. But Hawaii is not always the best place to own It's 'spensive. High MFs, High insurance. High taxes, High car rental rates, and airfare you can't escape no matter what. Nobody drives to get there.

So mail your rescission letter and junk, then fill out the questionnaire, and we'll talk.

Jim

momwantsavacation · Aug 20, 2015

Passepartout said:
OK, Now WHOA. Slow down. You have some reading and studying to do. There is no hurry. No need to rush out and go shopping willy-nilly for a resale that might not be right for you.
Go here: http://www.tugbbs.com/forums/showthread.php?t=208742 Click Quote at the bottom of it and answer the questions. They will help us help you channel what might be right for you. Or maybe not. For someone on a tight budget, maybe NOT owning a TS id the right answer. Today, it's very easy to rent from other owners, and often for less than those owners are paying in maintenance fees. AND with no buy in cost, AND no ongoing expense yourself.

You mention a Hawaii commitment. I don't know what the Welk salesweasel told you, but I don't think they have a resort there, and honestly Hawaii is not the easiest trade with the run-of-the-mill mainland timeshare. We have a saying here in TUG, that if you want to go to a specific place, own there. But Hawaii is not always the best place to own It's 'spensive. High MFs, High insurance. High taxes, High car rental rates, and airfare you can't escape no matter what. Nobody drives to get there.

So mail your rescission letter and junk, then fill out the questionnaire, and we'll talk.

Jim

I didn't mean to scare you Jim! I have no plan of buying right away. For sure I will stick around and learn. I did crash and (almost) burned the first time I tried TS.

I have told my husband about this forum and what I have learned so far. I said that I will research and figure out what's the best for us right now and to figure out how to get our vacations (and maybe when we are ready, own a TS) at a relatively lower price. He looked so lost when I told him about the situation and that it looked like I was depriving him of all the vacations during his lifetime.

The letter will be faxed and sent out tom for sure! What is this questionnaire that you speak of?

vacationhopeful · Aug 20, 2015

I was travelling with my sister's family for Thanksgiving one year ... she HAD to go to the annual "in-laws" 7 night vacation ... insisted I come so she would have a buddy verses the in-laws and the men's golf game with 3 young children.

The father-in-law asked for my opinion for an upgrade (I know now that means "sales presentation") ... They got him for $16,000 for moving a couple of deeds around .. he rescinded later .. On the LONG drive back with my sister ... in back of the van ... kept thinking, there had to be a cheap option ... and on the web ... where do people buy & sell used stuff cheap ... then it hit me after 150+ miles on the road ... eBay.

Hundreds of USED timeshares ... cheap as a $1. Then I found other TS sites .. but TUG is my favorite spot for learning.

And there are very few couples where BOTH are involved TUG ... or even booking and planning TS stays. Yes, the other partner might say, Hawaii is where I want to vacation ... in February for September .... they usually don't understand, that request is a year too late for a GREAT plan to happen. But if totally flexible and your airfares to Hawaii from your area are lower than most.

taterhed · Aug 20, 2015

momwantsavacation said:
I didn't mean to scare you Jim! I have no plan of buying right away. For sure I will stick around and learn. I did crash and (almost) burned the first time I tried TS.

I have told my husband about this forum and what I have learned so far. I said that I will research and figure out what's the best for us right now and to figure out how to get our vacations (and maybe when we are ready, own a TS) at a relatively lower price. He looked so lost when I told him about the situation and that it looked like I was depriving him of all the vacations during his lifetime.

The letter will be faxed and sent out tom for sure! What is this questionnaire that you speak of?

Jim gave you the link:
http://www.tugbbs.com/forums/showthread.php?t=208742
When you click on the link above this line, it will take you to a thread on this forum (TUG). Read the first post. It is a series of questions that you can answer to help the members of this board give you some (educated) advice. It's easy: just click the link above and hit the "quote" button at the bottom of the first post. Then, a box will pop-up will the questions in it. Just answer each question as honestly as possible. when you're done, just click the "submit reply " button under the box. Your post will then be moved to a 'new thread' where people can help you find what is right for you.

A few things to expect/consider when you complete the questionnaire:

Answering the $$$ questions honestly is important--People buy for $1 and $35k--overspending won't necessarily improve your vacation experience
You will get a lot of replies. People like to help. Don't be overwhelmed.
Depending on your answers, you may get some very strong/biased advice.
It is not unusual for people to have 'back and forth' discussions about your answers--you won't necessarily understand it all. That's normal.
If you don't understand peoples advice...ask questions by 'quoting' the post
There are several 'stickys' or 'faqs' that contain basic TS advice in the "New to Timesharing? Look Here!" section. suggest you read these first.
You don't need to be an expert in timeshares to own or enjoy them...
No rush. Take your time. Don't Ebay something and regret it later.

that's it for my advice...oh, one more thing:
If you're concerned about a vacation next year or 2 years away, many here can steer you to a great rental that might cost no more than it would if you owned the timeshare--without the purchase price. So, if you want to go visit, consider getting some advice on a good rental to start.

csxjohn · Aug 20, 2015

Here is a list of rescission times, state by state. It appears you have seven days but do not delay.

http://www.nolo.com/legal-encyclope...ights-special-protections-50-state-chart.html

momwantsavacation · Aug 20, 2015

taterhed said:
Jim gave you the link:
http://www.tugbbs.com/forums/showthread.php?t=208742
When you click on the link above this line, it will take you to a thread on this forum (TUG). Read the first post. It is a series of questions that you can answer to help the members of this board give you some (educated) advice. It's easy: just click the link above and hit the "quote" button at the bottom of the first post. Then, a box will pop-up will the questions in it. Just answer each question as honestly as possible. when you're done, just click the "submit reply " button under the box. Your post will then be moved to a 'new thread' where people can help you find what is right for you.

A few things to expect/consider when you complete the questionnaire:

Answering the $$$ questions honestly is important--People buy for $1 and $35k--overspending won't necessarily improve your vacation experience
You will get a lot of replies. People like to help. Don't be overwhelmed.
Depending on your answers, you may get some very strong/biased advice.
It is not unusual for people to have 'back and forth' discussions about your answers--you won't necessarily understand it all. That's normal.
If you don't understand peoples advice...ask questions by 'quoting' the post
There are several 'stickys' or 'faqs' that contain basic TS advice in the "New to Timesharing? Look Here!" section. suggest you read these first.
You don't need to be an expert in timeshares to own or enjoy them...
No rush. Take your time. Don't Ebay something and regret it later.

that's it for my advice...oh, one more thing:
If you're concerned about a vacation next year or 2 years away, many here can steer you to a great rental that might cost no more than it would if you owned the timeshare--without the purchase price. So, if you want to go visit, consider getting some advice on a good rental to start.

I actuallt started with "Timeshare Basics" or what is timeshare, in one of the forums. I wanted to make sure what I know as of now is correct and accurate. Is there a specific forums for newbie questions? I did not want to post incorrectly.

I am waiting for the post office to open. I have sent the fax to them already.

Sent from my SAMSUNG-SGH-I337 using Tapatalk

momwantsavacation · Aug 20, 2015

Ty1on said:
And if you don't mind posting the contract amount, TUG's owner keeps a tally of the total money victims have saved finding his site in time to rescind.

Also know that there are a LOT of options besides Welk. Welk is very limited in the number of resorts within its system. Spend lots of time here learning about the different systems and what locations they have, and how to use them, then find a resale that fits your need.

Hi! TUG really has a lot of info and I quickly realized how little I knew when I thought I knew enough. Silly me!

I don't mind posting the cost at all, since I won't be paying it anymore! Haha. The purchase price alone was $13495. That's without the closing, etc.

MULTIZ321 · Aug 20, 2015

momwantsavacation said:
Thank you so much for the tip! I followed what you said and I saw it at the very end, the last paragraph. It says I can also do it by fax. But I will follow everyone's advice and send a certified mail as well.

Do I just say this:

To whom it may concern:

We exercise our Right of Rescission as of August 20, 2015 for Welk Resort in Escondido. Attached is the signature page as further proof.

Signed,

Husband
Wife

Does this sound good?

Wow! Thanks Passepartout! So it is doable for TS to be affordable! Well at least my dreams of having a TS is not entirely crushed. Lol

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Hi Momwantsavacation,

If you haven't sent your rescission letter yet, I would suggest adding the Contract Number to your first sentence (e.g., We exercise our Right of Rescision to cancel Contract #xxxxxx as of...) That contract number is probably on the first page of your documents.

Richard

taterhed · Aug 20, 2015

momwantsavacation said:
I actuallt started with "Timeshare Basics" or what is timeshare, in one of the forums. I wanted to make sure what I know as of now is correct and accurate. Is there a specific forums for newbie questions? I did not want to post incorrectly.

I am waiting for the post office to open. I have sent the fax to them already.

Sent from my SAMSUNG-SGH-I337 using Tapatalk

Not to rush you...

When you're ready, complete the questions referenced in the post and people will respond. That will be your own personal 'newbie needs help with what to buy..." thread. On that thread, you will be King er...Queen (Prime Minister if you prefer) and can so or ask whatever you want. No one will give you grief for asking questions. They may suggest reading some of the stickies as you go along...especially if you start leaning one way or the other. Each resort system has it's own thread section and has stickies specific to that system. There are also comparison pages for the major 'hotel systems' on the main TUG portal here:

http://tug2.net/timeshare_advice/tug_timeshare_advice.shtml

This should be a good source of general info to start. You'll find that the questions post referenced above will help you to avoid running down a path that's not necessarily right for you and possibly getting disappointed before you start. As the common joke goes... "everybody wants a 5 star timeshare, in Hawaii, Oceanfront, in peak season, with low annual frees and low initial purchase cost. Oh, and I should be able to reserve the week I want at any time." You get the drift of the joke.

I think timeshares are a great way to spend time with family and friends in a comfortable and affordable resort. I much prefer a kitchen and (at least) 1 bedroom over the nicest hotel. I hope you find your own personal favorites....

Got into buying but Saw this wonderful website and wanting to Rescind

momwantsavacation

vacationhopeful

TUG Review Crew: Rookie

momwantsavacation

vacationhopeful

TUG Review Crew: Rookie

momwantsavacation

Passepartout

TUG Review Crew: Veteran

momwantsavacation

Passepartout

TUG Review Crew: Veteran

momwantsavacation

Passepartout

TUG Review Crew: Veteran

Passepartout

TUG Review Crew: Veteran

momwantsavacation

Passepartout

TUG Review Crew: Veteran

taterhed

momwantsavacation

Ty1on

Passepartout

TUG Review Crew: Veteran

momwantsavacation

vacationhopeful

TUG Review Crew: Rookie

taterhed

csxjohn

TUG Review Crew: Expert

momwantsavacation

momwantsavacation

MULTIZ321

taterhed