# Help rescinding contract - Welks Resort San Diego



## Nutterzz (Jun 1, 2014)

Hi there.  I'm new to this forum and I just want to thank everyone for all the information that has helped me since my fiance and I made the mistake of buying a timeshare at Welk Resort San Diego.

So basically, last Sunday 5/25/14 we got suckered into purchasing a timeshare here for around $17k.  We sat through a 90 min introduction and were soon carted around on the resort and 4 hours later we were both sitting in a room with a contract, deciding whether or not it was right for us.  It must have been the way they described everything to us, or the constant popping of bottles of champagne but eventually we thought ok sure lets go ahead and do this.  

As we left the resort I couldn't help but to just stop and look over everything and I just had a gut feeling that we'd been had.  While we were driving home exhausted from the day we just had, I told my fiance that I was having second thoughts, and that if what we just did was right for us, then I should be excited but I wasn't at all.  She agreed that she felt uneasy about it all too.

Upon arriving at home, I immediately got online and googled Welks Resort contract cancellation and came upon TUG.  I also read the contact closely and on the last page noticed the paragraph giving us a way out.  Through researching further on some threads here, I took the steps mentioned, sent them a letter certified mail 2 days after our visit.  I haven't heard anything from them though and it is now Sunday, which is 7 days since we signed the contract.  I'm worried and I guess my question is, should I be?  Am I supposed to hear from them once I send the cancellation letter?


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## theo (Jun 2, 2014)

Nutterzz said:


> So basically, last Sunday 5/25/14 we got suckered into purchasing a timeshare here for around $17k.  We sat through a 90 min introduction and were soon carted around on the resort and 4 hours later we were both sitting in a room with a contract, deciding whether or not it was right for us.  It must have been the way they described everything to us, or the constant popping of bottles of champagne but eventually we thought ok sure lets go ahead and do this.
> 
> As we left the resort I couldn't help but to just stop and look over everything and I just had a gut feeling that we'd been had.  While we were driving home exhausted from the day we just had, I told my fiance that I was having second thoughts, and that if what we just did was right for us, then I should be excited but I wasn't at all.  She agreed that she felt uneasy about it all too.
> 
> Upon arriving at home, I immediately got online and googled Welks Resort contract cancellation and came upon TUG.  I also read the contact closely and on the last page noticed the paragraph giving us a way out.  Through researching further on some threads here, I took the steps mentioned, sent them a letter certified mail 2 days after our visit.  I haven't heard anything from them though and it is now Sunday, which is 7 days since we signed the contract.  I'm worried and I guess my question is, should I be?  Am I supposed to hear from them once I send the cancellation letter?



If you met the 7 days CA timeline for rescission and sent your signed rescission letter to the correct address as specified within your contract, then your cancellation *must* be processed and a full refund of your deposit *must* be issued to you. No more, no less. Btw, refund could (but likely won't) take up to 45 days in a worst case scenario.  

Unless the CA rescission law has some unique provisions, which I doubt, there is *no* legal obligation to provide you with any other form of update, confirmation, verification or other correspondence of any sort, although you *might* still receive a letter. Know too in advance that it's common for the disappointed sales weasels in some operations (I have no knowledge of Welk practices in CA) to reach out by phone in an effort to salvage their disappearing sale and commission. You would be wise to *not* answer or participate even momentarily in any such phone calls, which are completely meaningless anyhow from a legal perspective.

Congratulations on rescinding in time. Well done. Relax. Welks has no other option or choice other than to fully and unconditionally comply with the applicable state law.


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## TUGBrian (Jun 2, 2014)

better than monday morning coffee!

Congrats on finding us in time, you just saved $17,000 dollars =)


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## Passepartout (Jun 2, 2014)

Yup. By law, they HAVE to process your cancellation, when postmarked within the allowed time (yours was). But they DON'T have to notify you of the progress toward getting it done. A tip-off would be a call from the salesweasel or his supervisor to offer you whatever it might take to get you to change your mind. EOY, 'foreclosure', additional 'bargain weeks', years of pre-paid RCI membership. Best to just not answer the phone.

Glad you found us in time! Welcome to TUG. Just because you fell for the retail sale and it left you cold, timeshares can give excellent vacations, and at resale prices, they can be a real bargain. If you're still interested, stick around, do some reading, learn about it and perhaps rent a week or two to see if you should make an informed decision. No champagne required.

Jim


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## mjm1 (Jun 3, 2014)

Good decision. If you like the Welk system you can always buy into it resale. I would also suggest considering other programs to compare the locations, costs, benefits, etc. 

We like Welk but have since added Marriott and Westin (Starwood), both of which we really like.

Do a lot of research on TUG and take your time to figure out what works best for you. Like other Tuggers, we have enjoyed our many vacations in timeshare over the years. Definitely made some mistakes, but have learned a lot here, and improved our portfolio.

Good luck.


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## mlnuwer (Jun 5, 2014)

Totally agree with the recommendations to either buy Welk in the secondary market.  I own three weeks there and love it.  I also bought 2 of them as resales.  One a long time ago and the third via TUG.  Paid about a grand for it.  Did the transfer myself and the cost was $50.  I also own at Starwood and Olympic Valley.  All trade well and have reasonable maintenance fees.  I just returned from Maui on May 31 using a trade I made two months ago for a great 2 bedbroom.  Welk Marketing will return your deposit.  They are not bad to deal with, just like any timeshare marketing organization they are disappointed that you changed your mind.


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## Nutterzz (Jun 25, 2014)

Still haven't heard a word from Welk since the rescission.  Its been about a month and haven't received my deposit back either.


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## Passepartout (Jun 25, 2014)

After this much time, I think I'd call their business office (not sales) and ask for a progress report and when I could expect my deposit back. I know they are not required to keep you informed, but there is a chance they might, if you ask.

Jim


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## theo (Jun 25, 2014)

*Patience is a virtue...*



Nutterzz said:


> Still haven't heard a word from Welk since the rescission.  Its been about a month and haven't received my deposit back either.



While the law requires a developer to process a timely and properly submittted rescission, a developer has no legal obligation to otherwise contact you or to "update" you on the status or progress of said contract rescission. As already noted previously, it could conceivably take up to 45 days from the date of their receipt of your rescission letter before you actually see your refund. Presumably, in the meantime, you have retained documentary proof (i.e., postmark-dated certified mail receipt) of having successfully met the applicable state's rescission mailing deadline.

My recommendation would be to stay off the phone on this matter and just sit out the remaining time (...about two more weeks, by my math) which Welks still has available to issue a full refund of your deposit. 

It's surely stressful to feel left "in limbo", but the fact is that your rights as a consumer have not (yet) been violated and you simply do not (yet) have any substantive or legal basis on which to raise a ruckus w/ Welk. Personally, I can see no possible good coming out of (legally meaningless) phone conversation on any contractual matter, including this one, unless you find conversation with (or meaningless verbal assurances from) resort clerical staff to somehow be comforting and / or entertaining.


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## Nutterzz (Jun 29, 2014)

Hey all.  Just wanted to give an update.  I received my deposit in full this friday and I'm relieved the whole ordeal is over.  I feel so much better after rescinding.  I am still interested in a timeshare and definitely feel like I have a better understanding going forward.  I'll be sticking to the resale market.  Thanks for all your help members of TUG!


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## vacationtime1 (Jun 29, 2014)

Congrats.  

It's a huge relief -- I remember.


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## poohlein (Aug 11, 2014)

Wondering if you had to return all the materials they gave you? For example there binder full of the well resort stuff. I'm cancelling my timeshare with them and I just want to do it right


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## Passepartout (Aug 11, 2014)

poohlein said:


> Wondering if you had to return all the materials they gave you? For example there binder full of the well resort stuff. I'm cancelling my timeshare with them and I just want to do it right



Why would you want it? Some resort outfits charge as much as $50 for it. Some even worse. Return it.


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## poohlein (Aug 11, 2014)

I was going to overnite my cancellation letter. Should send with (with overnite)or can I do reg mail separate from letter


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## DeniseM (Aug 11, 2014)

Just send a copy of the main page of the contract. 

Do the rescission instructions tell you to send back the binder? If so, they may charge you for it, if you don't, but it doesn't have to be included with the more expensive delivery method that you will use for your letter. Just state in your letter that you are sending it separately.


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