# Westgate - Timeshare newb, buyer’s remorse… help please?



## Gonchi (May 6, 2014)

Ok, please, bear with me, this is as much a cry for help as it is a bit of venting.

My parents are Westgate Lakes owners since the mid 90's. They bought two fixed weeks in a 3 bedroom villa (I think it's actually a 2 bedroom standard and a studio, something like that, I'm not really sure), me and my sister were kids back then, and we all loved the idea of having a vacation destination so close to Disney and the other parks. We used it constantly and we'd always been happy with it. Eventually though we got older and the attraction of going to Theme Parks faded a bit, and later due to work, financial and health reasons we were unable to take vacations and use our timeshare for years. Last year though, my sister took her daughter to Disney, and, finally, last week me and my parents finally took a vacation and came to Orlando for some much needed rest and relaxation. We never fully informed ourselves of what we'd bought back in the 90's. We believed what we were told. Still, I'm not complaining about the initial purchase my parents made back then, even if we overpaid, we had a lot of good memories growing up. 

So anyway, we arrived on Saturday. Maybe the flight was more exhausting than we realized, maybe we're just really naïve, but we were "invited" to a "breakfast" first thing Sunday morning. They took us to the new buildings, showed us the new units, and told us what a gold mine the resort was... you know how it goes, the breakfast invitation was a sales pitch, we really should of realized ahead of time, but so long as we were there, we figured we'd just see it out and have some breakfast before going to rent a car (we were too tired on Saturday). They told us everything is wonderful, they're selling units left and right for thirty, forty, fifty thousand dollars, and the prices are only going up, that we should be happy to own something so valuable because even though we are paying maintenance fees every year without using our weeks, we could look into renting and easily make up the maintenance costs that way and still have something left over... except our fixed weeks aren't actually all that valuable, they fall in a low value time of the year (January) and we should switch to floating because those are far more desirable and valuable to rent or resell. The cost for switching to floating alone was $15.000 though. However what they could do because they happened to have a 4 bedroom villa with floating weeks that someone had just traded up from was take our fixed weeks and what we paid for them back in the 90's as part of the payment, and switch us to paying maintenance taxes every other year so we could save on that as well for about $10.000.

It all dragged out for hours, we were there from early morning until almost 5pm. We were on the verge of walking out some 2 or 3 times, but they always came up with a point that got us talking again. My father is diabetic and started feeling ill since he hadn't eaten anything since breakfast so eventually we caved and signed something for a bit less than $9.000, a bonus week certificate and a $25-off coupon at the restaurant so my dad could get something to eat. Writing it all out now, I realize that naïve is probably a very kind way of putting it. I want to point out that my father was very skeptical throughout all of this and didn't want to do it, my mother was keen but wasn't interested if my dad wasn't convinced, so it's ultimately my responsibility that it all went ahead. I fell for it and ended up suckering my folks in. So the following day I got online to reassure myself so I could reassure them that we did good. Today I know I'm an idiot.

So, I haven't been sleeping much and instead I've been reading a lot of forums. I found the documents we signed in the folder they gave us, and I learned about the 10 days in which we can cancel a contract (which they didn't mention). Does it apply for us even though we are foreigners and we were already owners? Like I said earlier, we were happy with what we had, can we just go back to that? Should I consult a lawyer? 
After seeing people giving away their timeshares, I realize now that even if we got back what we had it's still worthless if we had to resell it. I've already told my mother, but have yet to explain it to my father, he believed we could at least get half of what we've paid back if necessary by reselling it. I don't think he'll take the news well, but if I can at least stop us wasting more of our savings right away, it would probably help ease the news.

If you've stuck with me this far, first of all, I'm sorry and thank you, I know this was largely a barely coherent rant, I would really appreciate the time you would be willing to spend helping me sort this all out.


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## natasha5687 (May 6, 2014)

Gonchi said:


> Ok, please, bear with me, this is as much a cry for help as it is a bit of venting.
> 
> My parents are Westgate Lakes owners since the mid 90's. They bought two fixed weeks in a 3 bedroom villa (I think it's actually a 2 bedroom standard and a studio, something like that, I'm not really sure), me and my sister were kids back then, and we all loved the idea of having a vacation destination so close to Disney and the other parks. We used it constantly and we'd always been happy with it. Eventually though we got older and the attraction of going to Theme Parks faded a bit, and later due to work, financial and health reasons we were unable to take vacations and use our timeshare for years. Last year though, my sister took her daughter to Disney, and, finally, last week me and my parents finally took a vacation and came to Orlando for some much needed rest and relaxation. We never fully informed ourselves of what we'd bought back in the 90's. We believed what we were told. Still, I'm not complaining about the initial purchase my parents made back then, even if we overpaid, we had a lot of good memories growing up.
> 
> ...



You may rescind and please do it without delay.  You will still own what you previously had.


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## theo (May 6, 2014)

*Tick tock...*



natasha5687 said:


> You may rescind and please do it without delay.  You will still own what you previously had.



True enough --- rescission will simply return things to exactly how they were before this recent purchase. *However*, I certainly hope that the (date not specified by OP) Saturday referenced by the OP was just this past Saturday (i.e., May 03, 2014). The cancellation (rescission) period in Florida is 10 days, so if the unspecified Saturday of these events was the preceding Saturday (April 26, 2014), then the applicable 10 day period is just about to expire *NOW*!   If it was some even earlier Saturday prior to April, 26, 2014, then it's already too late to rescind anyhow.

To answer a question posed by the OP, the 10 day period for cancellation, provided by Florida state law, applies to any and every developer-direct timeshare sales conducted in the state of Florida. The country of citizenship of the buyer does not matter at all. It's  a 10 day cancellation period, regardless. 

To be very clear on an important point here, the written (....yes, it must be in writing and signed by all buyers whose signatures appear on the purchase contract) does not have to be *received* within 10 days, but it must at least be *initiated* within 10 days. You should acquire some documentary proof of the date of mailing, if you are even still within the applicable 10 day period. Here in the U.S., that avenue would be "certified mail", but I have no knowledge of the comparable version of "certified mail" in your country if you are not actually still here in the U.S. You want to be able to conclusively prove the actual date of *postmark* (not just "mailing"), in case the Westgate Weasels should ever attempt to falsely claim that the rescission was "sent too late". Even sneaky, slimy Westgate doesn't _*dare*_ to actually defy the law in regard to processing a properly and timely submitted rescission, but you still need to do everything required of you correctly and within applicable time constraints.

I sincerely hope you are still within that 10 day rescission window and, if so, that you get that letter written, signed and sent off *immediately*. 

P.S. Whatever you do, *do not* call or speak to these lying parasites on the phone; no good can come of it. Do everything in writing and *only* in writing! Good luck.


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## presley (May 6, 2014)

Gonchi said:


> So, I haven't been sleeping much and instead I've been reading a lot of forums. I found the documents we signed in the folder they gave us, and I learned about the 10 days in which we can cancel a contract (which they didn't mention). Does it apply for us even though we are foreigners and we were already owners? Like I said earlier, we were happy with what we had, can we just go back to that? Should I consult a lawyer?



As long as you are still within the 10 days, you can cancel the new contract and you will have your old contract back.  If you are still in the U.S., you will want to send it certified mail and you'll want to do that today.


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## TUGBrian (May 6, 2014)

http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html


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## Gonchi (May 6, 2014)

Thank you everyone for your replies. I spoke with my father when he woke up and showed him everything I'd been reading and he told me to go ahead and attempt the rescission. I was drafting a letter, but perhaps I should just copy paste the simple one in that last link (Thank you TUGBrian).

Just to clarify, the contract was signed on Sunday 4th of May, two days ago. We are still in Orlando and staying in the Resort.


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## TUGBrian (May 6, 2014)

you are well within the Florida rescission period, and should have no problem cancelling that contract.

Welcome to TUG, you just saved $10,000 bucks =)


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## theo (May 6, 2014)

*Yessa!*



Gonchi said:


> Thank you everyone for your replies. I spoke with my father when he woke up and showed him everything I'd been reading and he told me to go ahead and *attempt* the rescission. I was drafting a letter, but perhaps I should just copy paste the simple one in that last link (Thank you TUGBrian).
> 
> Just to clarify, the contract was signed on Sunday 4th of May, two days ago. We are still in Orlando and staying in the Resort.



This is great news and exactly what I had hoped was the case.  

To be very clear here btw, you're not  "attempting" rescission. Contract rescission is *your indisputable legal right to exercise, under applicable Florida law*. 
Almost every state in the U.S. has similar laws, but most states provide only 5-7 days to cancel, whereas in Florida it's 10 days. Nonetheless, do it right away.

A few thoughts / suggestions:

1.Do not visit in person to deliver your letter of rescission and do not make (*or* take) any phone calls on this matter. Just let the law go to work for you; it will do so. 
The lying and deceitful sales weasels *will* call you once they get the rescission. Don't talk to them. Since you are on property, they might even try to visit you. Don't let them in and don't talk to them. Catching a theme here? *Don't talk to them!* You've already seen for yourself that if their lips are moving at all and any associated sounds are emanating forth, then they are just flat out lying to you, plain and simple.   

2. Use certified mail and save the hand stamped receipt which will be provided to you at the Post Office counter. You need not bother about the "return receipt", legally speaking, but you may choose to get it anyhow if you feel it gives you additional peace of mind. 

3. If you received any new "owner materials" from the sales weasels, return them (also by mail, not in person). If you fail to return them, Westgate will charge you $50. 

It's wonderful that you've made this discovery in time. Congratulations! 

P.S. Be sure to use the correct address for mailing your rescission letter. I _believe_ that it's specified within the cancellation instructions you've recently discovered. 
It's most likely not the same address of the resort where you are currently staying by the way, but is likely instead the Westgate LLC corporate offices in Ocoee, FL. 
Send it to multiple places if you choose, but do not fail to follow precisely the instructions provided. Make sure that everyone who signed the new contract also signs the letter of rescission. Make and save photocopies of everything you send to the weasels, for your own records and future reference, if you can.


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## Gonchi (May 6, 2014)

Ok, here's what I ended up writing, please advise if I should add or remove anything;

- - - - -

Westgate Lakes, LCC
2801 Old Winter Garden Road
Ocoee, Florida 34761 


May 6, 2014


RE: CANCELLATION OF CONTRACT PURSUANT TO FLORIDA STATUTE 721.06


To whom it may concern,

We Owner 1, Owner 2 and Owner 3 are exercising our legal right to cancel contract # XXXXXXXXXX-XXX dated 4TH of May 2014 for the property located at Westgate Lakes Resorts and Spa. We expect a full refund without penalty of our cash down payment of $XXXX.00 US dollars. Do not make any charges to our credit card. Please confirm our legal rescission in writing.

Sincerely,
Owner 1 signature
Owner 2 signature
Owner 3 signature

- - - - -

Also, please excuse what is perhaps an obvious question, but I want to make sure I get this right, the main page of the contract referenced in the link above would be the one titled "Warranty deed and lien on real property"? We seem to have received multiple copies of that page, and it's the only piece of document we signed I didn't have to find the secret compartment in the information folder to read, so I'm guessing that's the one. Again, thanks once more for all your help.


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## theo (May 6, 2014)

Gonchi said:


> Ok, here's what I ended up writing, please advise if I should add or remove anything;
> 
> - - - - -
> 
> ...



The letter is fine. However, it might not hurt to add that you fully understand and fully expect that this rescission will return your ownership back to it's previous status in place before this recent purchase. 

Return to "status quo" before the new contract is the legal definition of rescission anyhow and the inevitable, mandatory result of rescinding the new contract. Nonetheless, saying it in print might make it a bit more clear to the Weasels that you know what you are doing here, you know your rights and are exercising them, you know what to reasonably expect in the aftermath, and you know what the law requires them to do in the matter. It's extra words and your choice, of course. It's just maybe a subtle and polite way to "reinforce" the point that "this *is* what is going to happen here, Weasels  --- whether you like it or not". 

Don't worry about the forms and paperwork referenced above. Return one of the multiple copies if you wish and keep the rest for reference, but the letter of rescission stands and acts alone anyhow.

P.S. They are not legally obligated to "confirm in writing", despite any such request. They may do so, but they don't have to do so. Their only legal obligation is to process your rescission and issue you a full refund of your deposit. No more, no less. 

P.P.S. You might want to get a replacement credit card with a new account number at some point. They cannot possibly make charges to an inactive credit card...


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## Gonchi (May 6, 2014)

theo said:


> The letter is fine. However, it might not hurt to add that you fully understand and fully expect that this rescission will return your ownership back to it's previous status in place before this recent purchase.
> 
> Return to "status quo" before the new contract is the legal definition of rescission anyhow and the inevitable, mandatory result of rescinding the new contract. Nonetheless, saying it in print might make it a bit more clear to the Weasels that you know what you are doing here, you know your rights and are exercising them, you know what to reasonably expect in the aftermath, and you know what the law requires them to do in the matter. It's extra words and your choice, of course. It's just maybe a subtle and polite way to "reinforce" the point that "this *is* what is going to happen here, Weasels  --- whether you like it or not".
> 
> ...



Ok. Is it alright if I take your wording there ("we fully understand and fully expect that this rescission will return our ownership back to it's previous status in place before this recent purchase")? I'm not quite sure how to phrase it otherwise. 

In regards to the credit card, thankfully, it will expire in a few months anyway. I will speak with my bank about it when I return home, just to be on the safe side.


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## theo (May 6, 2014)

Gonchi said:


> Ok. Is it alright if I take your wording there ("we fully understand and fully expect that this rescission will return our ownership back to it's previous status in place before this *recent purchase*")? I'm not quite sure how to phrase it otherwise.



Sure, but on reflection I'd replace the words *recent purchase* (highlighted in blue above) with the more specific phrase *hereby rescinded purchase of May 04, 2014*.

The more I think about this slimy sales ploy, the more contempt I have for these slimy Westgate Weasels. By cornering you on the morning following your arrival after a very long flight and likely being quite tired from the "joys" of air travel, they *knew* they'd have you in a "weakened", more vulnerable state. Moreover, they also knew and likely carefully planned it that 7 or 8 days (i.e., 80% of the available rescission period) would likely pass by while you vacationed in Florida and before you returned home and later (too much later, they surely hoped) gave this new purchase further thought and closer examination. Fortunately for you and for your parents (and soon to the great disappointment of those slimy, hungry sales weasels) they were mistaken. They have evidently underestimated you. You were and are "on the ball" here and you are now successfully and completely foiling their opportunistic scheme. Kudos to you. I tip my cap to your vigilance; well done!


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## Gonchi (May 6, 2014)

theo said:


> Sure, but on reflection I'd replace the words *recent purchase* (highlighted in blue above) with the more specific phrase *hereby rescinded purchase of May 04, 2014*.
> 
> The more I think about this slimy sales ploy, the more contempt I have for these slimy Westgate Weasels. By cornering you on the morning following your arrival after a very long flight and likely being quite tired from the "joys" of air travel, they *knew* they'd have you in a "weakened", more vulnerable state. Moreover, they also knew and likely carefully planned it that 7 or 8 days (i.e., 80% of the available rescission period) would likely pass by while you vacationed in Florida and before you returned home and later (too much later, they surely hoped) gave this new purchase further thought and closer examination. Fortunately for you and for your parents (and soon to the great disappointment of those hungry sales weasels) they were mistaken. They have underestimated you. You were and are "on the ball" here and you are now successfully and completely foiling their opportunistic scheme. Kudos to you; I tip my cap to your vigilance. Well done!



Thank you, I'm off to send this letter out now.


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## simpsontruckdriver (May 6, 2014)

FYI, Westgate hires a group of people, and their responsibility is to talk with buyers to keep them from rescinding. Others here on the board have said the resort called them to say the buyers are in "Breach of Contract" for rescinding. So you should NEVER take their call, no matter what! Even if they leave a message wanting you to call them back, DON'T DO IT!

TS


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## Gonchi (May 7, 2014)

Just following up. It was almost closing time when I passed by USPS yesterday, so we decided to wait until today and go first thing so we had time to ask the USPS clerk any questions we had. 

We asked for "Certified Mail Return Receipt Requested" which is the method mentioned in the contract. We were handed two small green forms (PS Form 3811 and PS Form 3800). The clerk suggested we write our home address in Uruguay in the "Sender" field of the larger form but gave us an extra pair and an envelope in case we want to send a second letter with the resort address and room number where we are staying (Should we? The 3811 form does say Domestic Return Receipt, so I'm not sure it'll make it back to Uruguay). She then stamped and handed us part of the 3800 form (reads Certified Mail Receipt) and said we could track the letter with the number on the side, then she stapled it to a long receipt that details what we paid. 

So... is that it? My dad says how can we prove we sent them "notice of cancellation". The receipts prove we sent them something, but couldn't they just claim we sent them a thank you note?


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## theo (May 7, 2014)

Gonchi said:


> So... is that it? My dad says how can we prove we sent them "notice of cancellation". The receipts prove we sent them something, but couldn't they just claim we sent them a thank you note?



The "return receipt" component, as mentioned previously, is really of little or no legal significance or importance in this matter. No harm done by requesting it, but it's still of no real legal value. The date stamped certified mail receipt is frankly what matters most in the final analysis.

As slimy, slippery and dishonest as the Westgate Weasels are, they are *not* going to play games with a properly and timely submitted rescission (aside from almost certainly next calling you on the phone to try to get you to change your mind; calls which which you should *not* even answer at all). The potential legal consequences of attempting to play games with a properly submitted rescission are just too severe, even for slimy Westgate. The Florida Attorney General's office has little or no patience or tolerance for timeshare fraud and you can rest assured that the Westgate parasites already know and fully understand this fact. They certainly *don't* want a harsh spotlight beam being focused directly upon their shady "operations" by the Florida AG's office. Rest easy.

You have hopefully retained photocopies of everything you sent to these lying Westgate parasites. Those weasels are not going to later attempt to claim that a rescission letter was instead actually a "thank you note". To do so would constitute outright, willful fraud --- which would be a *criminal* offense subject to *criminal* prosecution. Even those bold and deceitful Westgate parasites are not willing going to go quite that far...


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## siesta (May 7, 2014)

Make sure you followthe rescission instructions exactly, I'd mail this, and get return receipt requested.  You should be fine if you follow instructions.

Welcome to tug, you will learn alot here. Glad you found us.


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## HudsHut (May 7, 2014)

Welcome to TUG. Congratulations on rescinding in time.

Unplug the telephone in your room, so it cannot even ring.

Enjoy a wonderful family vacation the rest of the week.

Best wishes,
Maria


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## Gonchi (May 8, 2014)

Hello and thanks again for all the help and welcomes.

We only sent the letter with handwritten signatures and kept a second copy of it for ourselves. I made some modifications to what I posted above; I changed the wording as theo suggested, also added the physical address of the resort, not just its name, and I removed the request to confirm our rescission in writing as I didn't think they would mail us anything internationally if they aren't obligated to do so.

In all the papers they had us sign, I could only find one page mentioning the right to cancel within 10 days. The exact text reads;

- - - - -

You may cancel this contract without any penalty or obligation within ten (10) calender days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statutes, whichever is later.

If you decide to cancel this contract, you must notify* the developers in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to Westgate Lakes, LLC, 2801 Old Winter Garden Road, Ocoee, Florida 34761. Any attempt to obtain a waiver of your cancelattion rights is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your ten (10) day cancellation period, is prohibited.

* "Notify", for purposes of Sections 721.06(1)(g) and 721.065(2)(c), Florida Statutes, shall mean that a written notice of cancellation is delivered, by any means which may include certified mail return receipt requested, to the entity designated to receive the notice of cancellation in the statement required by Sections 721.06(1)(g) or 21.065(2)(c), Florida Statutes.

- - - - -

The 21.065(2)(c) at the end isn't a typo on my part, that's how it's actually written. If more specific instructions to follow are written somewhere else, I couldn't find them. Hopefully we've met all requirements satisfactorily and we can indeed move on with our vacation. I'll be by again to let you know how it all works out. Once again, I can't thank all of you that have taken an interest or offered advice enough.


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## theo (May 8, 2014)

Gonchi said:


> In all the papers they had us sign, I could only find one page mentioning the right to cancel within 10 days.



No surprise there. The law requires them to provide rescission (cancellation) information, but the law certainly does not require that it be provided  more than once.



> The 21.065(2)(c) at the end isn't a typo on my part, that's how it's actually written. If more specific instructions to follow are written somewhere else, I couldn't find them. Hopefully we've met all requirements satisfactorily and we can indeed move on with our vacation.



Just standard statute formatting, although it may seem odd. Think of the (c) "sub section" referenced as just one of numerous, separate {i.e., (a), (b), (c), etc.} items within subsection (2), from section / part 21.065. None of that matters anyhow --- you've done everything correctly and on time and your cancellation *will* be processed. 

It *could* take several weeks (up to 45 days, worst case, but not likely that long) before you actually see the refund of your deposit. The refund won't be immediate, but it *will* happen. Those weasels simply have *no* choice or option other than to fully comply with the law. They may not like it, but rest assured that they certainly *know* it.


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## Gonchi (May 10, 2014)

Hello again all, we got a call today about our notice of cancellation. They want us to come by their office to talk to us next Tuesday (which I think is the 10th day since we signed) as we signed a Quit Claim Deed on our previous purchase and they say that it went out electronically, immediately or some such, so what we originally owned is gone. I was as non-committal as courteously possible about going to their office, as I imagine this is when they’ll attempt to talk us into not canceling the contract or buying something else. My understanding was that nothing we signed would go into effect until after the 10 day “cool off” period passed, am I in the wrong regarding a Quit Claim on our original fixed week and fixed unit?


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## TUGBrian (May 10, 2014)

it will come as a shock to noone here that they will say all sorts of things to get you to "cancel your cancellation"

you have every right to rescind your contract within the appropriate rescission period...it does not matter what they say or do.


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## pacodemountainside (May 10, 2014)

Make the appointment, then unplug phone in unit. Head out to Disney Tuesday.

Love the resort, but sales weasels there are  almost as  barbaric  as Mexico.

Don't let them waste  another day by   cutting price a couple thousand.   Given  outrageous   restrictions  on resale  Westgate  is an albatross that is very expensive to have exorcised.


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## Rent_Share (May 10, 2014)

If whatever you traded, was really "gone" they are obligated to get it back. just a ploy to get you in for more of the inquisition

Just more lies by the king of the liars


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## theo (May 11, 2014)

Rent_Share said:


> If whatever you traded, was really "gone" they are obligated to get it back. just a ploy to get you in for more of the inquisition



Exactly so. *IF* (and that's a big "if" which I frankly do not believe for a moment) Westgate already sent off the quit claim deed for recording, then they did so improperly and prematurely. In doing so, they would have inappropriately  (and unlawfully) "jumped the gun" by many days on the indisputable 10 day period for rescission in Florida.

I would neither visit them nor speak to them at all again under any circumstances. I would instead just send them another letter (certified mail, retaining a copy) reminding them that *rescission means exactly that* and if they have prematurely and unlawfully taken action with your deed, then it is their sole responsibility and *legal obligation* to now reverse their own premature and unlawful error and fully restore your original ownership back to its' original status (before 5/4/14 purchase and rescission thereof) by whatever means necessary  --- and solely at their own expenditure of any required time, effort and / or cost. In short, It's entirely their problem to solve, not yours. 
That is precisely what a lawful "rescission" involves and rest assured they certainly *know* that, despite these new desperate lies and a pitiful attempt at obfuscation. 

*DON'T* fall for this latest, desperate attempt to try to salvage the now rapidly dissolving "upgrade" transaction (commission disappearing right along with it) by trying to lure you back into their clutches to cajole you and talk you out of rescinding and to confuse and distract you with "special,  lower cost" figures (...irrelevant and meaningless, since the real underlying value is literally zero anyhow), more lame excuses and fairy tales --- and most likely some serious, abusive browbeating too, btw. *Don't do it!*
You're very close to the finish line (and winning, I'd also note). All you really need to do now is not suddenly, willingly and voluntarily choose to stumble and fall instead. 

P.S. If you prepare and send the above suggested additional letter, add a "cc:" to the Florida Attorney General's office. Doing so will convey the clear message to these slimy and desperate Westgate Weasels, now frantic at seeing their commission rapidly disappearing right before their very eyes, that you are absolutely *not* going to be trifled with and that you are *not* going to entertain or submit to their newest attempt to "hoodwink" you in this matter. You've gotten this far --- don't drop the ball now!


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## theo (May 13, 2014)

*Today was supposed to be "follow-up meeting day"...*

Here's hoping that "Gonchi" & parents did not voluntarily return to the Westgate sales office to willingly jump into the pool of hungry, desperate sharks and piranhas there. 
Hope springs eternal, but we may never really know...


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## Gonchi (May 13, 2014)

No, no, I'm still around, I just didn't want to bother anyone by posting everyday. 

We decided not to send out another letter in the end. We did however contact our consulate and got a reference on a lawyer here in Florida that works with them, just in case, though we hope it won't come to that. 

Beyond that, we've not received any further calls since the one I mentioned in my previous post. We figure since we didn't turn up today, they might contact us over these next few days. We'll see. Perhaps they gathered over the phone that we weren't interested in sitting down to re-negotiate anything and figure it's in everyone's best interest to just be done with it, after all, we're only asking to go back to how things were, they will still be receiving our annual maintenance fee that way.


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## NJDave (May 13, 2014)

Gonchi said:


> No, no, I'm still around, I just didn't want to bother anyone by posting everyday.
> 
> We decided not to send out another letter in the end. We did however contact our consulate and got a reference on a lawyer here in Florida that works with them, just in case, though we hope it won't come to that.
> 
> Beyond that, we've not received any further calls since the one I mentioned in my previous post. We figure since we didn't turn up today, they might contact us over these next few days. We'll see. Perhaps they gathered over the phone that we weren't interested in sitting down to re-negotiate anything and figure it's in everyone's best interest to just be done with it, after all, we're only asking to go back to how things were, they will still be receiving our annual maintenance fee that way.



Please keep us posted and good luck with the process.  I am glad you received the good advice provided here.  Westgate could be spiteful. They have a bad reputation on TUG. When we took their sales presentation and did not buy, the salesperson wouldn't give us a ride back from the sales center to the resort (she took us there on a golf cart).  I complained to the manager but the manager said that the salesperson was following standard procedure.


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## Gonchi (May 15, 2014)

Hello again all. No real developments, no one has approached or called us about our cancellation since that one call I mentioned before. I did discover however that Westgate seem to have deleted our owners account on their website. When I attempted to login I got a "Your current login has no accounts registered". Not sure what to make of that or do about it.

Also, what should we do with the promotional binder/folder? Tomorrow's our last day here, we really don't want to lug it back home. Would it be prudent to dispatch it to Westgate through USPS along with a letter that references our cancellation (namely that it was done within the 10 day period) and explaining we are returning the promotional material?


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## Passepartout (May 16, 2014)

Sounds like a good idea to me.


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## Gonchi (May 16, 2014)

Here's what I've written;

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May 16, 2014

Westgate Lakes, LLC
2801 Old Winter Garden Road
Ocoee, Florida 34761 

RE:	RETURN OF OWNER KIT FOLLOWING CANCELLATION OF CONTRACT

To whom it may concern,

Following our written notice of cancellation sent on the 7TH of May 2014, within the 10 day rescission period under Florida Statues, we are returning the Owner's Kit. Enclosed with this letter is the portfolio with all promotional material provided to us. We await a full refund of our cash down payment and the restoration of our original ownership status. 

Sincerely,

Owner #1 name + signature
Owner #2 name + signature
Owner #3 name + signature


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## Gonchi (May 22, 2014)

Well, our last day was a bit of a pain. We got a call as we were finishing our packaging and getting ready to check-out with another proposal that they claimed was pretty much them doing us a favor as what we had was gone and if we didn't take this new proposal we'd lose everything. When we insisted we weren't interested they threatened legal action. Overall, a pretty shitty note with which to end a vacation.


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## travelplus (May 30, 2014)

Gonchi said:


> Ok, please, bear with me, this is as much a cry for help as it is a bit of venting.
> 
> My parents are Westgate Lakes owners since the mid 90's. They bought two fixed weeks in a 3 bedroom villa (I think it's actually a 2 bedroom standard and a studio, something like that, I'm not really sure), me and my sister were kids back then, and we all loved the idea of having a vacation destination so close to Disney and the other parks. We used it constantly and we'd always been happy with it. Eventually though we got older and the attraction of going to Theme Parks faded a bit, and later due to work, financial and health reasons we were unable to take vacations and use our timeshare for years. Last year though, my sister took her daughter to Disney, and, finally, last week me and my parents finally took a vacation and came to Orlando for some much needed rest and relaxation. We never fully informed ourselves of what we'd bought back in the 90's. We believed what we were told. Still, I'm not complaining about the initial purchase my parents made back then, even if we overpaid, we had a lot of good memories growing up.
> 
> ...



Thanks for sharing your experience. I'm sorry you were treated in the manner you were treated in with regards to staying there for an entire day.

These crooks were playing on your Father's diabetes which is terrible. They should have let you go an eat something and return at a later time. You should report this to the manager because if your Father had a true diabetic attack the outcome can be serious. How cheap can these crooks be by not giving you sandwiches and other snacks/beverages? Just a cheap Motel 6 breakfast. I mean if they were keeping you for so long they should of at least given you vouchers for a free lunch etc.

I hope you will rescind your offer and bring up your Father's medical condition as part of the letter. 

A 90 minute presentation turned into an 8 hour event. They could have at least said come back tomorrow to go over the paperwork etc.


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## ondeadlin (May 30, 2014)

You might want to consider it a bonus if they have actually taken your weeks back ...

Seriously - you would be free of the annual fees on two weeks.  It sounds like you were not using the weeks most years.  You would not be able to sell them for much, if anything, on the open market.  I would hope they're serious and that they don't transfer the weeks back into your name.


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## travelplus (May 30, 2014)

Gonchi said:


> Well, our last day was a bit of a pain. We got a call as we were finishing our packaging and getting ready to check-out with another proposal that they claimed was pretty much them doing us a favor as what we had was gone and if we didn't take this new proposal we'd lose everything. When we insisted we weren't interested they threatened legal action. Overall, a pretty shitty note with which to end a vacation.



I would have loved to have an Air Horn and blow it into the speaker of the phone.


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