# rescission process



## rdgdmd

just like most newbies, i purchased a timeshare from bluegreen vacations before learning of this website.  i am in the process of rescinding. i purchased 4/4/14 and according to Wisconsin statutes, i have 5 business days to cancel but in the  papers they provided, 2 pages mentioned that i can cancel in 5 calendar days and another page stating 5 business days.  I wish a have more time to browse thru all the stickys and threads regarding this and learn, but the bottom part is i really want to rescind. Questions are:
1. which one really stands? the 5 business or 5 calendar days?
2.  reading from other forums, they say not to send to sales dept but my contract says that it should be sent to: attn: corporate sales accounting dept. I am afraid not to send it there as i have to follow it to a T. should i mail extra copies elsewhere?
3.  If i use certified mail with receipt and they refuse to accept the mail? what happens?

thanks for responses in advance


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## presley

1.)  It won't matter if you send it today.  You'll be within 5 days in either case.  Send it today.
2.)  Send it to exactly who they say you need to send it to.  Follow the directions in the contract.  
3.)  That is the correct way to send it.  They will not refuse it.  If they did, you'd have proof that they didn't follow their contract.


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## Passepartout

You are wise to rescind until you know more about what you are buying. Does it really matter whether the rescission period is 5 business days, or 5 calendar days? You are within either one.

Send the letter to the address they say to send it to. That will be different than where you bought the TS. It doesn't matter whether they accept the certified letter or not. (they will. It ain't their first rodeo) The only thing that matters is the date of the postmark showing that you sent it within the allowable time frame.

Welcome to TUG. Stick around. Learn. Ask questions. Shop TSs if you want to. We suggest a minimum of 6 months study before you buy (feel free to rent a few TSs)- though that advice is usually ignored.

Jim


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## rdgdmd

Passepartout said:


> Welcome to TUG. Stick around. Learn. Ask questions. Shop TSs if you want to. We suggest a minimum of 6 months study before you buy (feel free to rent a few TSs)- though that advice is usually ignored.
> 
> Jim



yes. i always do diligent research before i indulge on everything but during the presentation, it felt like a gun at pointblank, either you sign or die(exaggeration). i've many friends that own TSs and very happy with them but the stingy person that i am, and thru this forum, it is nice to learn that i can be just as happy with a lot less money to fork out. I did a lot of research and i'd like to ask if i overdid my rescission letter. it went like this:


Wife
husband
xxxxxxxxxx.com
(xxx) xxxxxxx
xxxxxx xxxxxx ave.
xxxxxxxxxxx

Revocation Letter: Bluegreen Vacations Unlimited, Inc.
Contract Reference Number:  xxxxxx
Date Purchased:  April 4, 2014

We hereby rescind our contract or agreement for sale to purchase timeshare Contract Reference Number xxxxxx with Bluegreen Vacations Unlimited, Inc. 

Resort Name: (resort name), (resort address)
Time-share unit(s)and periods(s):  xxxxxx, xxxxxx

Pursuant to the requirements and according to the Wisconsin Statutes, Chapter 707.47 and as mentioned in our contract:
"You may cancel this contract without any penalty or obligation within 5 business days from the date you sign this contract or until 5 business days after you receive the approved public offering statement, whichever is later.  If you decide to cancel, you must notify the developer, in writing, of your intent to cancel.  Your notice of cancellation shall be effective upon the date sent and shall be sent to:  Bluegreen Vacations Unlimited, Inc., Attn:  Corporate Sales Accounting dept., 4960 Conference Way N ste 100, Boca Raton FL 33431-3311". 
We are exercising our legal right to cancel this contract.  Due to this cancellation, we expect that the US$xxxxx.00 that we placed on the timeshare using the mastercard we opened through you be credited back immediately upon your receipt of this letter.  To ensure that this credit occurs smoothly, we will closely monitor the refund process as stated on the Wisconsin Statutes 707.47(6)(a) that "cancellation shall be without penalty and that all payments made by the purchaser before cancellation shall be refunded within 20 days after receipt of the notice of cancellation or within 5 days after receipt of funds from the purchaser's cleared check, whichever is later".  We will be instructing the credit card company to immediately reverse any charge from your company when and if it appears on our account.

Per instructions, we will also be sending back the Conventional Owner's kit and the CD-ROM in the same tote bag on a separate cover.

Thank you for your cooperation and assistance with this matter.


Sincerly,


what do you think. I plan to send it today in about 2 hrs during my lunch break. thanks again


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## JPD

When your letter carrier attempts to deliver your letter, they normally have a central person who signs all accountable mail. If they refuse anything, your letter carrier will annotate "refused" on the letter with the date, that bar code is also scanned "refused". If this is the case, just go to usps.com and put in your tracking number and it will give you all the info you need to print out for your records.


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## Passepartout

Looks fine. Maybe all the code stuff is overkill- they already know all that stuff- but since you have it in there, you may as well leave it. Both of you need to sign the letter.

Sometimes it takes outfits close to the allowable 45 days to credit you back, but they won't risk running afoul the law. You will get your money back.

Several TUGgers are BG owners, and iirc there is a Yahoo group of owners. They are nice resorts especially for those in the midwest. 

You'll feel better after you visit the post office, and sleep better tonite. You did good.

Jim


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## carl2591

at least in florida they get 10 days..  5 days is short for sure.. I remember in the 80's it was 3 days in SC.. :whoopie:


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## Passepartout

carl2591 said:


> at least in florida they get 10 days..  5 days is short for sure.. I remember in the 80's it was 3 days in SC.. :whoopie:



Here's a PDF for the time in every state. Be happy you don't live in Alaska, Kansas, Wyoming or D.C. There it's zero! http://www.arda.org/uploadedFiles/A...s_Call_Out_Boxes/RescissionPeriodsNov2010.pdf

Jim


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## 55plus

*From a Wisconsinite to another...*

From one Wisconsinite to another, RESIND NOW! don't wait. Take the letter to the post office and get a tracking receipt. Don't wait, do it now....

When you are ready, buy on the secondary market such as on TUG, eBay, to name a few. You'll save tens of thousands of dollars...

- Jim


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## theo

carl2591 said:


> at least in florida they get 10 days..  5 days is short for sure.. I remember in the 80's it was 3 days in SC.



A (5) day rescission period is not at all uncommon. A (3) day rescission period is firmly in place *even today* in numerous states. The states in which the rescission period is only (3) days are Connecticut, Indiana, Massachusetts, Ohio and Vermont. In *most* states it's 5 or 7 days; only in Florida and a very few other states is the rescission period any longer than that. 

For the OP:  In Wisconsin the rescission period is 5 business days; any different info in your contract paperwork is incorrect. Btw, congrats on rescinding in time.


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## rdgdmd

I just mailed the letter now and I already feel relieved. Now the wait begins. I couldn't have done it without you guys and this forum. I will update regularly as to help others as you did for me.


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## theo

*Not so...*



Passepartout said:


> Be happy you don't live in Alaska, Kansas, Wyoming or D.C. There it's zero!



Au contraire ---Alaska's is actually the longest rescission period to be found anywhere in the entire U.S. at *15 days*.


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## rdgdmd

3 days for Massachusetts huh? My resort is in Massachusetts, bluegreen is in florida, we closed in wisconsin. At least I'm covered by the amount of time I mailed my rescission if they were to argue with any of those states.


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## Cheryl20772

rdgdmd said:


> 2.  reading from other forums, they say not to send to sales dept but my contract says that it should be sent to: attn: corporate sales accounting dept. I am afraid not to send it there as i have to follow it to a T. should i mail extra copies elsewhere?
> 3.  If i use certified mail with receipt and they refuse to accept the mail? what happens?
> 
> thanks for responses in advance



Just go ahead and use the address in your contract. You don't have to worry about them rejecting it at all.  If you send it certified mail with return receipt, that is your legal proof that you mailed the letter. If it comes back to you don't open it.  Just hold it and then you would call them to see why they didn't claim the letter.  Maybe you made a mistake on the address or something, but you already would have legal proof (that would hold up in court) to prove that you sent the rescind letter.  The important thing is the postage date on the receipt and letter and not when they actually received it.  There might also be a phone number to fax the letter and it's good to go ahead and fax it as well, but you want that receipt from the post office for the letter for proof in case of any problems.  I've never read about anyone having troubles with this.


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## theo

rdgdmd said:


> 3 days for Massachusetts huh? My resort is in Massachusetts, bluegreen is in florida, we closed in wisconsin. At least I'm covered by the amount of time I mailed my rescission if they were to argue with any of those states.



The state whose rescission laws apply and prevail is *the state in which you physically executed the contract*. The operational base (i.e., corporate headquarters) of the developer matters not one bit and the underlying "resort basis for your points" (I'm assuming that this was a BG points-based contract) also matters not one bit. 

In short, you're good. Once again, well done and congratulations. No developer (...not even slimy Westgate) dares to defy the law on this matter; your effective cancellation is now a foregone conclusion. BlueGreen, unlike Westgate, is (historically, anyhow) pretty good about properly and timely submitted contract cancellations. That being said, it _could_ still take several weeks before you actually see the refund of your deposit which, by the way, may be the only communication or confirmation you receive acknowledging your cancellation. The law requires the developer to process your timely and properly submitted rescission and issue you a full refund, but there is no legal obligation for them to otherwise separately communicate with you just to "confirm" or "verify" the cancellation (...although they may well choose to voluntarily do so).


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## rdgdmd

Theo, it's nice to know that bluegreen has a reputation with rescissions. That's what I wanted to hear.


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## MNMIDWEST

I too just bought Bluegreen on Friday, 6000 points biennially at a presentation in Wisconsin Dells. We have decided to redirect the funds to other traveling plans than the time shard Bluegreen offers. I have my letter ready for mail tomorrow but the problem I have now is where to send the owners kit and tablet. My guy says send it to the Boca Raton address as well but there is no real clear instructions for this. Does anyone else have an idea? 

Does anyone know if I keep all the paper documents i.e. beneficiary agreements or send those back too?

we have been reading up on timeshares and it sounds like we can get a better deal looking for people that want out of their contract rather than starting in new. It is an intriguing idea but we feel we are too young to be locked in.


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## Passepartout

Welcome to TUG. We're glad you found us in time to rescind. Absent other instructions, I'd add to my letter, 'Promotional materials to be returned under separate cover'. Then I'd send them back to where you got them. 

Many of us- about half by a recent poll- bought our first TS retail from a developer. Almost nobody bought their second one that way. Does that tell you anything?

I agree that learning about timesharing is wise before you buy. After you get your down payment back from your recent purchase/rescission, consider coming back here, doing some reading to learn about the various products, then perhaps renting a few times to get the feel of vacationing in a full condo with kitchen, bedroom(s), washer/dryer, and resort activities. Compare that to a hotel room with a bed, bath and TV.

Best wishes!

Jim


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## TUGBrian

grats on finding us in time to save a fortune!

Welcome to the family!


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## dsakholli

We just purchased a BG package in Branson, Missouri. We live about 4 hours away but we have decided to rescind. However, my question is this: is it best to rescind in person, can this even be done at our purchase place, or must it be in writing to the Boca Rotan location? We went in this morning to drop off the materials, cancel, etc but were convinced to think about it another day. I don't know why....grr!!!!

Our cancellation instructions say to send a letter to Bluegreen Vacations Unlimited and if sending by mail, to send certified mail. 

The letters are ready to go, thought I would send 2 separate letters via certified mail, call me paranoid! However, there is nothing mentioned about sending our promotional materials back? It's not that I want them but just assumed they would or should go back to the purchasing location in Branson? Or, is it best overall, to just drive back and handle everything in person, get our refund, etc?

Thanks for all the great information. We love the program and will be doing our research on the resale side of the fence!  Not to mention, researching other vacation clubs.


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## DeniseM

Don't go back to the resort - you know what happened the first time.  

Even if you do, they will not give you back your money - they are not authorized to process rescissions.

Rescind in writing, following the instructions exactly - mail using a trackable method.

Don't go back, don't call them, don't answer their calls - don't....


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## dsakholli

Thanks!! I didn't really want to but would have if needed.


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## puppymommo

I have rescinded with BG before and I still have their big binder of resorts.  I do think they can charge you if you don't return the promotional materials, but it is best to mail them. You already know what will happen if you try to return them in person, they will try to convince you not to rescind!

Good luck on the decision to rescind! Even if you end up getting charged for the materials, you have just saved thousands!


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## theo

puppymommo said:


> I have rescinded with BG before and I still have their big binder of resorts.  I do think they can charge you if you don't return the promotional materials, but it is best to mail them.



You're lucky. 
Some developers charge up to $250 when owner materials are not returned by a rescinding buyer. A developer absolutely can charge for materials provided but not subsequently returned upon rescission, but $250 is clearly outrageous; even slimy Westgate only charges $50 for failure to return such materials upon rescission.


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## dsakholli

I will most likely send the materials back. However, the cost is minuscule compared to the savings. In addition, it may be worth it to have the materials for the sole purpose of even researching our next purchase. Or, as a reminder of what NOT to ever do again! Now I can start doing my homework and due diligence the correct way.


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## Passepartout

I suggest adding the line, "Promotional materials to be returned under separate cover." to the rescission letter. Then send it by cheapest means (slow boat, pack mule, smoke signals) to the sales office most convenient to you.

Jim


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## dsakholli

I did include a line stating that the promotion materials would be mailed to purchase location under separate cover.  I also sent 2 certified letters, with return receipt. Hopefully, this is the end of it.


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## dsakholli

Is it even possible to cancel the contract at the place of purchase? I understood they aren't authorized to process the refund but can they accept the cancellation? I have sent 2 separate cancellation/rescission letters via certified mail. I am just worried that something could go wrong and lose our window to cancel. I am a bit of a worrier but I do not want to take any chances. 

I may send a third tomorrow just to prevent any issues. I have had problems with our post office meeting overnight deadlines so my faith in the postal service isn't very good. Third ones a charm, right?

I checked the tracking online and it shows the estimated delivery date of Saturday, which means they won't get it until Monday at the earliest. Perhaps an overnight letter? But I don't have a phone number...grr!! 

Oh, the stress and uncertainty!!!!


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## puppymommo

It is the proof of mailing (thus the certified mail) that is important not the date it is received. No point of overnighting it. You have to be able to prove the date of mailing.


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## dsakholli

Ok, well I suppose I have done all I could do to cancel.


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## Passepartout

Dsakholli, RELAX! You've done well beyond what needed to be done.  Should they get all crappy, which they won't, you have proof of the mailing and the content of the letters, which would pass for proof of your intent to rescind.

If this was Wastegate, or Mayan, or one of the other Mexican TS deadbeat outfits, you would have reason to woot, buy you don't. Cool your jets, do some reading about the various systems - they're all different. It might be that BG is not the best system for you. Only you can decide.

Jim


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## theo

*Calm down, don't visit --- and stay off the phone on this...*



dsakholli said:


> Is it even possible to cancel the contract at the place of purchase? I understood they aren't authorized to process the refund but can they accept the cancellation? I have sent 2 separate cancellation/rescission letters via certified mail. I am just worried that something could go wrong and lose our window to cancel. I am a bit of a worrier but I do not want to take any chances.
> 
> I may send a third tomorrow just to prevent any issues. I have had problems with our post office meeting overnight deadlines so my faith in the postal service isn't very good. Third ones a charm, right?
> 
> I checked the tracking online and it shows the estimated delivery date of Saturday, which means they won't get it until Monday at the earliest. Perhaps an overnight letter? But I don't have a phone number...grr!!
> 
> Oh, the stress and uncertainty!!!!



You need to take a deep breath and relax. Review (and if necessary repeat to yourself) the following indisputable facts:

1. The right to rescind is one which is provided to you by state law. The developer has *no* other option other than to acknowledge and process your cancellation, just as long as your letter of rescission is *postmarked* (see your counter-issued USPS certified mail receipt for actual postmark date) within the state law deadline. 
The date of subsequent receipt by the developer of your written rescission notice is unimportant and irrelevant; the postmark date of your notice is what matters.

2. Phone calls are completely meaningless on a written contract matter, legally speaking. This includes anything and everything relating to your rescission. 
You should *not* have *any* phone (or in-person) conversations with these people anyhow --- *NONE*!  Any such conversation(s) will just turn into a desperate "salvage this sale" effort by the hungry (and now disappointed) sales weasels who see their commission rapidly disappearing. You're now done communicating with these people. 

You've undertaken the necessary and appropriate action to rescind, so don't get in your own way now and trip yourself and / or get stressed out. Let the applicable law go to work for you and be patient about the return of your deposit; said refund could conceivably take up to 45 days (but will more likely occur within 3-4 weeks).

P.S. The developer is not under any obligation to contact you to "verify" or "confirm" anything regarding your rescission. Their one and only obligation at this point is to process your cancellation and issue a full refund of your deposit --- no more, no less. They *might* send you a letter acknowledging your rescission, but they are under no legal obligation to do so. In any event, don't answer *any* phone calls from them; your rescission *must* be processed. They have no other choice; *it's the law*.


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## dsakholli

Theo, thank you! I feel so much better and will do as you say. I will trust the process and let it go because I have sent the paperwork and because of this site and another, have saved a LOT of money!!!


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## dsakholli

If the promotional materials are not returned, for whatever reason, can this prevent the contract from being cancelled?


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## Passepartout

No. But they can charge you for them. $50 is pretty common. More than it's worth, but barely enough to make shipping it worthwhile.


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## dsakholli

OK, great! I am planning to send it back but haven't been able to put it all together yet. Our purchase included a "bluegreen loaded device" so I definitely want to send everything back. It's a Samsung galaxy tablet 3.  Certainly not worth their retail value of $435.58 they listed. It will go in the mail tomorrow and then I will be FREE!


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## GrayFal

rdgdmd said:


> just like most newbies, i purchased a timeshare from bluegreen vacations before learning of this website.  i am in the
> 
> 1. which one really stands? the 5 business or 5 calendar days?
> 
> 2.  reading from other forums, they say not to send to sales dept but my contract says that it should be sent to: attn: corporate sales accounting dept. I am afraid not to send it there as i have to follow it to a T. should i mail extra copies elsewhere?
> 
> 3.  If i use certified mail with receipt and they refuse to accept the mail? what happens?
> 
> 
> 
> thanks for responses in advance




Edit....,.,I answered the wrong p0st


Sent from my iPhone using Tapatalk


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## GrayFal

dsakholli said:


> OK, great! I am planning to send it back but haven't been able to put it all together yet. Our purchase included a "bluegreen loaded device" so I definitely want to send everything back. It's a Samsung galaxy tablet 3.  Certainly not worth their retail value of $435.58 they listed. It will go in the mail tomorrow and then I will be FREE!




And then you will be done !


Sent from my iPhone using Tapatalk


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