# Need Help......Keep or Rescind????



## Waffles (Jun 7, 2009)

Too much information for me to understand.

Westgate - Planet Hollywood - Las Vegas

2 Bedroom / Partial Week 1
Purchase Price: 14,900
Interval International: $89

2010: Every Other Year
Maintenance Fee: $422
Real Estate Taxes: $69

Is this a good deal?
Opinions greatly appreciated!!


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## DeniseM (Jun 7, 2009)

*Absolutely rescind* - you can buy the same property on the resale market for 50% OR LESS than retail.

Plus, you can take your time, do your homework, and make the best decision for you, with no pressure.

Please read this article about rescinding - it was written for a different TS system, but the principles all apply to your situation.


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## somerville (Jun 7, 2009)

Waffles said:


> Too much information for me to understand.
> 
> Westgate - Planet Hollywood - Las Vegas
> 
> ...


Not a good deal.  I recommend that you rescind.  Learn about timeshares and resales before you buy anything.


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## UWSurfer (Jun 7, 2009)

Rescind. 

There are alot better deals out there for you $, especially in Las Vegas.


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## applegirl (Jun 7, 2009)

Rescind.  I ditto what Denise M said.  Do your homework here than buy resale and save thousands of $$$.

Janna


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## Waffles (Jun 7, 2009)

What would happen if the cancellation notice is sent on the 6th day? I had been trying to find out from the sales rep and closing officer for 2 days prior on how to cancel (on day 4).  We were told they didn't know.  Then the closing officer told us that the 5 day rescind period was not for us and was only there for the protection of the State of Nevada. By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. But apparently they didn't know if we could cancel.  I hope I am not stuck with this now.  Do you think I am?


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## gmarine (Jun 7, 2009)

No question, rescind.


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## sernow (Jun 7, 2009)

"By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. But apparently they didn't know if we could cancel. I hope I am not stuck with this now. Do you think I am?"

With Westgate, yes you're probably stuck.


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## Karen G (Jun 7, 2009)

Waffles said:


> What would happen if the cancellation notice is sent on the 6th day? I had been trying to find out from the sales rep and closing officer for 2 days prior on how to cancel (on day 4).  We were told they didn't know.  Then the closing officer told us that the 5 day rescind period was not for us and was only there for the protection of the State of Nevada. By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. But apparently they didn't know if we could cancel.  I hope I am not stuck with this now.  Do you think I am?


I hope you are not stuck with it, too.  That's quite unethical for the closing officer and sales rep to mislead you and outright lie to you like that.  If you put anything on your credit card, you should notify your credit card company of all the circumstances.  It sounds like fraud to me. Check your contract again--does it say anything about the rescission period being calendar days or business days?


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## DeniseM (Jun 7, 2009)

Waffles said:


> What would happen if the cancellation notice is sent on the 6th day? I had been trying to find out from the sales rep and closing officer for 2 days prior on how to cancel (on day 4).  We were told they didn't know.  Then the closing officer told us that the 5 day rescind period was not for us and was only there for the protection of the State of Nevada. By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. But apparently they didn't know if we could cancel.  I hope I am not stuck with this now.  Do you think I am?



*The sales people are lying to you. * Of course they know what the rescission period is.  They also know that if they can stall you long enough, that it will be too late.  

How did you make your initial payment?  If you used a credit card, you need to challenge it with your CC Company immediately.  Send the CC company a copy of everything plus a brief and to the point letter explaining how you were lied to when you tried to exercise your legal right to rescind.  Make sure you tell them to block any future charges from Westgate.  Cancel the card if you have to.

Even though you were a day late, if you stick to your guns, and can ID the people who lied to you, you may still get out of it.  You have nothing to lose by trying.

Good luck!


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## Waffles (Jun 7, 2009)

Thanks for the info.  I will contact my credit card company for sure.  One more thing,  I did not have any ID with me that day.  My husband did, but I had left my purse since I didn't want to carry it around that day.  Don't they have to have copies of both of our Identification?


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## DeniseM (Jun 7, 2009)

I thing the ID thing is a minor points, and won't make any difference - you need to pursue this with your CC Company immediately.


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## dougp26364 (Jun 7, 2009)

When you challange the charge with your CC, you should include the names of the people you spoke with an on what dates and times. If you can't recall the date and time you should be able to find that in your phone records.


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## Waffles (Jun 7, 2009)

Thanks for all the tips!  I will send all info to CC company tomorrow.


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## gmarine (Jun 7, 2009)

I would also call Westgate and explain. If they give you a hard time let them know you will file a complaint with the Nevada State Attorney General's office. Also let them know you are posting the details of what happened on every timeshare forum you can find.


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## DeniseM (Jun 7, 2009)

gmarine said:


> I would also call Westgate and explain. If they give you a hard time let them know you will file a complaint with the Nevada State Attorney General's office. Also let them know you are posting the details of what happened on every timeshare forum you can find.



First, I would use the rescission process and persue it with the CC Company.  Based on their reputation, and the "help" they've given him so far, I am afraid that further contact with Westgate will be counter-productive.  I would bet that the OP will have to work with the CC Co. to get this resolved and that Westgate will not do anything.


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## gmarine (Jun 7, 2009)

DeniseM said:


> First, I would use the rescission process and persue it with the CC Company.  Based on their reputation, and the "help" they've given him so far, I am afraid that further contact with Westgate will be counter-productive.  I would bet that the OP will have to work with the CC Co. to get this resolved and that Westgate will not do anything.




Since the official rescind date has passed the only chance of a refund may be by dealing with WG. The OP is going to take the stance that they tried to rescind but WG didnt advise them on how to. If WG denies this, which they likely will, the OP is left to deal with the CC company. 

At this point WG is going to have a signed contract and the OP has no written proof of trying to rescind. 
There is no harm on trying to talk to WG. It can only help.


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## theo (Jun 8, 2009)

*Ouch...*



Waffles said:


> What would happen if the cancellation notice is sent on the 6th day? ....By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. QUOTE]
> ==========================================
> 
> The right to rescind is a matter of law --- not one of voluntary developer benevolence. The cancellation process and time frame (which is 5 days in Nevada) would actually have been provided to you *in writing* within your contract documents on the same day you signed the contract, as is required by law. The clock started ticking upon your signature.
> ...


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## theo (Jun 8, 2009)

*Unlikely....*



DeniseM said:


> I would bet that the OP will have to work with the CC Co. to get this resolved and that Westgate will not do anything.



*My* bet is that the credit card company is completely powerless if a valid, written contract was lawfully executed and the "cooling off" period provided by law has now passed. 

I hope that the OP succeeds in getting out of the Westgate contract, but placing any faith or hopes on the credit card issuer is likely to be futile if the underlying transaction was a valid purchase, made under a written contract, which the OP then failed to rescind within the time frame allotted by law. 

While I hate to see money ever going into the pockets of lawyers, it is my belief that the OP now needs the additional horsepower of legal representation at this point.


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## ScoopKona (Jun 8, 2009)

I fear you're probably stuck with this one.

It's up to the buyer to rescind. You have no written evidence from Westgate detailing their interferance. I think hiring an attorney would just be throwing good money after bad.

Good luck trying to void the contract. But I would also try to come to grips with your new timeshare and learn how to use it.


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## theo (Jun 8, 2009)

*Gambling in Vegas...*



ScoopLV said:


> I think hiring an attorney would just be throwing good money after bad. Good luck trying to void the contract. But I would also try to come to grips with your new timeshare and learn how to use it.



You may be right, but if the OP is out $15k, as indicated, it _*might*_ be worth gambling a few hundred dollars more to try to get *out* of a bad purchase  --- *forever*. A relatively small cost for a potentially big benefit. 

P.S. Thanks, Denise for the editorial help in fixing my botched quote attempt. It's something I seem to foul up more than just occsiaonally.


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## T_R_Oglodyte (Jun 8, 2009)

If the OP contacts the local bar association, the OP should be able to get a reffereal for a low cost, about one-half hour appointment with a real estate attorney.  From that point the OP can assess the prospects of success trying to fight the case.


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## Waffles (Jun 12, 2009)

*Update*

Today is Day 18, and I just about fell over when I checked by CC and my downpayment has been REFUNDED!!  After reading all the posts, I really thought I was stuck with this.  Thanks for all your help.  I love this website, and will be doing alot of research before purchasing a timeshare next.  I will take your advise and try renting first. I haven't read alot of positive postings for Westgate, but I guess this is one happy ending.  I think I really Lucked out!


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## gmarine (Jun 12, 2009)

Great news. Congrats.


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## Larry6417 (Jun 12, 2009)

*Congrats!*



Waffles said:


> Today is Day 18, and I just about fell over when I checked by CC and my downpayment has been REFUNDED!!  I think I really Lucked out!



I'm glad that you dodged this bullet! If you really want to buy in Vegas, after doing your research  on TUG of course, then you should be able to buy a high quality TS for a few cents on the dollar through eBay. However, I question the need to buy in Vegas. Las Vegas is still a desirable area to visit, but is overbuilt. Many TS will rent out unused weeks, so why buy the TS when you can rent it for close to the same cost as ongoing maintenance fees? Using Priceline you should be able to rent out a week for close to what maintenance fees cost (or less), without taking on the obligations of paying annual maintenance fees.

From what I've read, Planet Hollywood seems to have a particularly bad reputation for TS sales. And that's really saying something!


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## T_R_Oglodyte (Jun 12, 2009)

Waffles said:


> Today is Day 18, and I just about fell over when I checked by CC and my downpayment has been REFUNDED!!  After reading all the posts, I really thought I was stuck with this.  Thanks for all your help.  I love this website, and will be doing alot of research before purchasing a timeshare next.  I will take your advise and try renting first. I haven't read alot of positive postings for Westgate, but I guess this is one happy ending.  I think I really Lucked out!



Congratulations!!!  You should feel as if you dodged two bullets here.  First, in general the impulse purchase from a developer.  Second, escaping the clutches of Westgate in particular.   I was very skeptical that you would be able to rescind.


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## m61376 (Jun 18, 2009)

Looks like the same level of "competence" that gave you the wrong info. checked the dates on the rescission letter. It is surprisingly nice to read such a happy ending!! 

Now you can breathe a sigh of relief and take your time to research timeshares in general and decide where and what program you want to buy if you do decide to buy.

Treat yourself to something nice with all the money you just saved  .

btw- if you decide to buy in Las Vegas, check out the Marriott forum because the MGC has a great rep and is an excellent trader.


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## Stricky (Jun 18, 2009)

Yipeee

That is great news. Glad it worked out so well. You are buying the first round at happy hour tonight.


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## Carl D (Jun 20, 2009)

I wish you luck, but I would double check your cc statement. It is standard practice to issue a conditional refund while the cc company investigates the dispute. 
Of course, I may be misinterpretating why it was refunded.. Are you saying Westgate honored your recision and refunded the money on their own?


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