# Newbie here who rescinded



## flipchick (Jul 14, 2008)

Hi all,

I'm so glad to find this board as it helped make the right decision.  My husband and I purchased at Vacation Village at Parkway in Orlando June 25.  We have made the decision to cancel our purchase for a 2bed/2bath for 14,500.  So we have mailed in our rescind letter on July 2,08.  I got a call today from them asking them to call them re: payment plans. I got a confirmation from the post office that they have received the letter on July 11, 08.  Did I rescind in time?  I just want to make sure that I have rescinded on time since it's been 2 1/2 weeks since the purchase.  Now this lady from Vacation Village is calling me asking me to call her just to make sure that the monthly payment is still ready by July 23.

Thanks in advance


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## Dave M (Jul 14, 2008)

Under Florida law, you had 10 days to mail your cancellation letter. The 10th day was July 5th. Assuming that you kept some evidence of mailing (certified mail receipt, etc.) as we recommend, you can simply send the resort a copy and ask them to honor Florida law. Since you received confirmation from the post office of the delivery date, I'm assuming you sent it certified. That green card from the post office should also show the mailing date, as does your original receipt.

My recommendation is that you call the resort and remind them that you sent the cancellation letter on July 5 and that the postmark would show that. Tell them that you'll be happy to send a copy (not the original) of the post office certified mail receipt if they need it.

It's quite possible that they have separate departments and the loan department hasn't yet been advised (it's been only one business day since the 11th) that the sales department has received your cancellation letter.


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## bnoble (Jul 14, 2008)

It's also possible that they got the letter, and are calling to try to talk you back into it, by offering lower payments over a longer time.

(It goes without saying that you should not do this, of course.)


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## flipchick (Jul 14, 2008)

bnoble said:


> It's also possible that they got the letter, and are calling to try to talk you back into it, by offering lower payments over a longer time.
> 
> (It goes without saying that you should not do this, of course.)



That's what I'm thinking too.  

Vacation Village loan office just called me again and left a message saying that she needs to speak with me before they process my deposit back.  But I think it's a trick so i would call them back.


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## Dave M (Jul 14, 2008)

It may be a trick, but you should call them anyway, in case there is a problem of some kind.

Stick to your decision!


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## Passepartout (Jul 14, 2008)

Could be a case of one hand not knowing what the other is doing. I suppose I'd call the woman and remind her that under Florida law, you aren't bound to do anything. 

I guess you could check a few past auctions and sales to find out what similar weeks have sold for in case you want to find out how low they are willing to go. I would make a small side wager that they won't even be close. 

The law is on your side, so stick to your guns. And when you have this behind you, and if you are still interested in timesharing, c'mon back. There's more collective wisdom here than you can imagine.

Best of luck to you....

Jim Ricks


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## Bill4728 (Jul 14, 2008)

flipchick said:


> Vacation Village loan office just called me again and left a message saying that she needs to speak with me before they process my deposit back.  But I think it's a trick so i would call them back.



It sounds like they finally figured out that you have rescinded and want to know how to get you back your deposit. 


BUT when they talk to you, *they will try and talk you out of rescinding*. Just be firm and say NO!!


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## flipchick (Jul 14, 2008)

I dont really want to call.  It doesnt say anything on the contract that I need to speak with them.  Am i obligated to call them back though??


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## pjrose (Jul 14, 2008)

If you have any trouble with them, you might consider sending copies of everything to the Florida Attorney General, along with a letter stating all the facts, dates, names, phone calls, etc.  No emotion, just the facts.  CC the timeshare.  That'll probably speed up your refund!
Also, if your deposit was by credit card, tell the credit card company the charge is in dispute.


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## Jya-Ning (Jul 15, 2008)

flipchick said:


> Am i obligated to call them back though??


No.

Jya-Ning


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## Blondie (Jul 15, 2008)

Not calling them back could slow down your deposit being returned- assuming the call is legit and there is, in fact, an issue. Just don't entertain any discussion other than your recission. Keep repeatiing, "Thanks, but I have changed my mind...thanks, but I have changed my mind."


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## pjrose (Jul 15, 2008)

Blondie said:


> Not calling them back could slow down your deposit being returned- assuming the call is legit and there is, in fact, an issue. Just don't entertain any discussion other than your recission. Keep repeatiing, "Thanks, but I have changed my mind...thanks, but I have changed my mind."



And if they have trouble understanding that, "according to paragraph xxx on page yyy of the agreemeent, I have the right to change my mind and I have done so.......repeat.......repeat....."  

How about "and I am recording this conversation....."


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## timeos2 (Jul 15, 2008)

*If there is so much quality control why are so many palces screwed up?*



pjrose said:


> How about "and I am recording this conversation....."



Just lead off with 'For quality control, and possible future legal action, this call is being recorded".


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## AwayWeGo (Jul 15, 2008)

*Digital Documentation.*




timeos2 said:


> Just lead off with 'For quality control, and possible future legal action, this call is being recorded".


And . . .

_"Furthermore, you are being photographed." _​
-- Alan Cole, McLean (Fairfax County), Virginia, USA.​


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## JanB (Jul 20, 2008)

Sorry, hit the button before I was finished.


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## JanB (Jul 20, 2008)

We recinded a conversion package recently.  We delivered a copy of the rescission letter directly to the sales office after checking out of the resort.  I had already sent the original by fax and by registered mail (covered all bases).  Within 15 minutes of delivering the letter, I had a call from the sales office asking if we could return so that they could better process our deposit.  BUNK!!! I told them we were on the road and it would be too inconvenient to turn around and return.  Also, I mentioned there was nothing in the rescission statement regarding having comply any further for our refund.

As it turned out, our credit came on the same statement as the debit.


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## flipchick (Jul 21, 2008)

I thought i did everything right but now i got a call from the owners service dept and saying that he got our file due to "unique circumcstances"  He said that we cancelled our contract AFTER 10 days allowed by the state of Floriday.  He said that we are at fault of contract.  

From what my understanding was that as long as I rescinded and mailed the letter before 10 days even if they have received after 10 days so long as it's been postmarked before 10 days.  Can someone clarify please.


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## timeos2 (Jul 21, 2008)

flipchick said:


> I thought i did everything right but now i got a call from the owners service dept and saying that he got our file due to "unique circumcstances"  He said that we cancelled our contract AFTER 10 days allowed by the state of Floriday.  He said that we are at fault of contract.
> 
> From what my understanding was that as long as I rescinded and mailed the letter before 10 days even if they have received after 10 days so long as it's been postmarked before 10 days.  Can someone clarify please.



Postmark is supposed to be the rule as I understand it.  Check your documents to verify.


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## pjrose (Jul 21, 2008)

Good grief.  Even if the paperwork says it must be "received within 10 days," they still have to comply with Florida Law.  You sent it 7 days after purchasing.  It makes no sense that they didn't get it until 9 days after you mailed it.  I can't recall if you have some kind of delivery proof from the post office.  Check the attorney general's web site or call.  Dave M says you have 10 days to MAIL the letter under Florida Law.

Also send a letter with all the facts and dates to the Attorney General, cc the resort.   

You could tell the resort that you are on the Timeshare Users Group, have publicized this problem online, and will continue to keep the thousands of TUG members apprised of the resort's continuing lack of cooperation.....

PJ


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## flipchick (Jul 21, 2008)

pjrose said:


> Good grief.  Even if the paperwork says it must be "received within 10 days," they still have to comply with Florida Law.  You sent it 7 days after purchasing.  It makes no sense that they didn't get it until 9 days after you mailed it.  I can't recall if you have some kind of delivery proof from the post office.  Check the attorney general's web site or call.  Dave M says you have 10 days to MAIL the letter under Florida Law.
> 
> Also send a letter with all the facts and dates to the Attorney General, cc the resort.
> 
> ...



Please help understand my contract.  It says:

"If you decide to cancel this purchase contract, you must notify the seller in writing of your intent to cancel.  Your notice of cancellation shall be effective upon the date sent and shall be sent to Lando Resort (address given).  Any attemtp to obtain a waiver of your cancellation 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 10 day cancellation period, is prohibited."

I'm from Canada (toronto) so any help would be appreciated.  I'm don't know where to get the attorney general.  But doesn't the contract say as long as the letter has been sent prior to 10 day period, it can be cancelled.


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## capjak (Jul 21, 2008)

*contact resort*

Just contact them via email with a copy of reciept stating the facts, request the deposit back per the contract.


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## Jya-Ning (Jul 21, 2008)

Hopefully, your post office has something like certified mail so you can prove you send them something within 10 days.  If so, just send them a copy of that, and restate it, and send a copy to FL GA.

Jya-Ning


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## flipchick (Jul 21, 2008)

Jya-Ning said:


> Hopefully, your post office has something like certified mail so you can prove you send them something within 10 days.  If so, just send them a copy of that, and restate it, and send a copy to FL GA.
> 
> Jya-Ning



I have the tracking number and the receipt from the postoffice when I mailed the letter and have a PDF file stating when they have received the letter.  What I don't understand is why they didn't received within a couple of days of mailing it.  They received it July 11.  

But before I call them tommorrow, i just want to make sure I am within the 10 days cancellation.


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## Jya-Ning (Jul 21, 2008)

Good, they have called you and left a message on your phone to say they received your cancellation on July 11.  You have post say you mailed at July 2nd.  What happen between 2nd to 11th is not your issue.  Unless they can prove they receive is not the same as you send out, I don't see any problem.  Just ask them to send you something in writing to explain why you can not get refund, and attach all this to FL GA.

Jya-Ning


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## flipchick (Jul 21, 2008)

alright i'll try that tommorrow.  wish me luck..


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## Talent312 (Jul 21, 2008)

flipchick said:


> Please help understand my contract.  It says:
> 
> "If you decide to cancel this purchase contract, you must notify the seller in writing of your intent to cancel.  Your notice of cancellation shall be effective upon the date sent and shall be sent to Lando Resort (address given).  Any attemtp to obtain a waiver of your cancellation 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 10 day cancellation period, is prohibited."



What's to understand.  Its plain and if you followed it to the letter,  its the developer who is violating Florida law.  Tell them that, send proof, and say that you are going to file a complaint with... The Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation.  You could, however, offer to cooperate with undoing the transaction, if they screwed up and filed your closing doocuments before the rescission period expired.

_See Florida Statutes below:_
------------------------------
Section 721.10  Cancellation.-- 

(1)  A purchaser has the right to cancel the contract until midnight of the 10th calendar day following whichever of the following days occurs later: 

(a)  The execution date; or 

(b)  The day on which the purchaser received the last of all documents required to be provided to him or her, including the notice required by s. 721.07(2)(d)2., if applicable. 

This right of cancellation may not be waived by any purchaser or by any other person on behalf of the purchaser. Furthermore, no closing may occur until the cancellation period of the timeshare purchaser has expired. Any attempt to obtain a waiver of the cancellation right of the timeshare purchaser, or to hold a closing prior to the expiration of the cancellation period, is unlawful and such closing is voidable at the option of the purchaser for a period of 1 year after the expiration of the cancellation period. However, nothing in this section precludes the execution of documents in advance of closing for delivery after expiration of the cancellation period.

[Note:  Documents needed for a "closing" are usually signed in advance and held in-house until the rescision period has passed.] 

(2)  Any notice of cancellation shall be considered given *on the date postmarked if mailed*, or when transmitted from the place of origin if telegraphed, so long as the notice is actually received by the developer or escrow agent. If given by means of a writing transmitted other than by mail or telegraph, the notice of cancellation shall be considered given at the time of delivery at the place of business of the developer.

(3)  In the event of a timely preclosing cancellation, the developer shall honor the right of any purchaser to cancel the contract which granted the timeshare purchaser rights in and to the plan. Upon such cancellation, the developer shall refund to the purchaser the total amount of all payments made by the purchaser under the contract, reduced by the proportion of any contract benefits the purchaser has actually received under the contract prior to the effective date of the cancellation, as required by s. 721.06. Such refund shall be made within 20 days of demand therefor by the purchaser or within 5 days after receipt of funds from the purchaser's cleared check, whichever is later.
--------------------------------
Section 721.26  Regulation by Division.--
...Subparagraph (5)  Notwithstanding any remedies available to purchasers, if the division has reasonable cause to believe that a violation of this chapter, or of any division rule or order promulgated or issued pursuant to this chapter, has occurred, the division may institute enforcement proceedings in its own name against any regulated party, as such term is defined in this subsection: 

(a)1.  "Regulated party," for purposes of this section, means any developer, exchange company, seller, managing entity, owners' association, owners' association director, owners' association officer, manager, management firm, escrow agent, trustee, any respective assignees or agents, or any other person having duties or obligations pursuant to this chapter. 

2.  Any person who materially participates in any offer or disposition of any interest in, or the management or operation of, a timeshare plan in violation of this chapter or relevant rules involving fraud, deception, false pretenses, misrepresentation, or false advertising or the disbursement, concealment, or diversion of any funds or assets, which conduct adversely affects the interests of a purchaser, and which person directly or indirectly controls a regulated party or is a general partner, officer, director, agent, or employee of such regulated party, shall be jointly and severally liable under this subsection with such regulated party, unless such person did not know, and in the exercise of reasonable care could not have known, of the existence of the facts giving rise to the violation of this chapter. A right of contribution shall exist among jointly and severally liable persons pursuant to this paragraph. 

(b)  The division may permit any person whose conduct or actions may be under investigation to waive formal proceedings and enter into a consent proceeding whereby an order, rule, or letter of censure or warning, whether formal or informal, may be entered against that person. 

(c)  The division may issue an order requiring a regulated party to cease and desist from an unlawful practice under this chapter and take such affirmative action as in the judgment of the division will carry out the purposes of this chapter. 

(d)1.  The division may bring an action in circuit court for declaratory or injunctive relief or for other appropriate relief, including restitution. 
---------------------------
Section 721.21  Purchasers' remedies.--
An action for damages or for injunctive or declaratory relief for a violation of this chapter may be brought by any purchaser or owners' association against the developer, a seller, an escrow agent, or the managing entity. The prevailing party in any such action, or in any action in which the purchaser claims a right of voidability based upon either a closing before the expiration of the cancellation period or an amendment which materially alters or modifies the offering in a manner adverse to the purchaser, may be entitled to reasonable attorney's fees. Relief under this section does not exclude other remedies provided by law.


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## flipchick (Jul 21, 2008)

Thanks Talent for the info.  then i dont have anything to worry about.  I've done what they have asked me to do. 

What i don't get is that they called me July 11 saying that I should give them a call before they PROCESS my deposit back and now someone called me today saying that I should call them because I am in default of my contract since it's been after 10 days of cancellation.


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## teepeeca (Jul 21, 2008)

*Flipchick*

They are just trying to "brow-beat" you; put all sorts of pressure on you; and mainly trying to say "WE are in the right", and "YOU are in the wrong", AND, YOU MUST PAY US !!!

That is a bunch of "hooey" !!!  Stick to your guns, and "DEMAND" your deposit returned "immediately" !!!

You "WILL" win !!!

Tony


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## AwayWeGo (Jul 21, 2008)

*F. U. D.*




flipchick said:


> What i don't get is that they called me July 11 saying that I should give them a call before they PROCESS my deposit back and now someone called me today saying that I should call them because I am in default of my contract since it's been after 10 days of cancellation.


It is just in the nature of timeshare sellers to sow Fear & Uncertainty & Doubt whatever the circumstances. 

They can't help it.  

So it goes. 

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​


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## pjrose (Jul 22, 2008)

flipchick said:


> Please help understand my contract.  It says:
> 
> "If you decide to cancel this purchase contract, you must notify the seller in writing of your intent to cancel.  Your notice of cancellation shall be effective *upon the date sent* and shall be sent to Lando Resort (address given).  Any attemtp to obtain a waiver of your cancellation 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 10 day cancellation period, is prohibited."
> 
> I'm from Canada (toronto) so any help would be appreciated.  I'm don't know where to get the attorney general.  But doesn't the contract say as long as the letter has been sent prior to 10 day period, it can be cancelled.



Yes, the key word here is SENT, (as opposed to received, which it doesn't say).


Re the attorney general - that's to protect you if the resort does not comply with law and with its own contract.  
See http://myfloridalegal.com/
and, more specifically, http://myfloridalegal.com/consumer 
and then http://myfloridalegal.com/pages.nsf...030e31f06ef0184d85256cc600706904!OpenDocument

Writing a letter to the attorney general, cc the resort, will alert the resort that now someone other than you is aware of what's going on.  I'll bet they'll refund your money quickly so as not to be investigated.  



flipchick said:


> Thanks Talent for the info.  then i dont have anything to worry about.  I've done what they have asked me to do.



Unfortunately, yes you do have something to worry about - the contract wording and law are on your side, but their behavior is not.  You need to contact them (and preferably the attorney general as well) in writing, because they are not complying with their contract and the law.

I suggest also quoting the statues sent by Talent312, specifically numbers 1, 2, and 3, and I would highlight the "postmarked" phrase as Talent did, as well as all of number 3.  

If you run a draft of a letter by us I'm sure some of us will chime in to help you with wording 




PJ


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## pjrose (Jul 22, 2008)

AwayWeGo said:


> It is just in the nature of timeshare sellers to sow Fear & Uncertainty & Doubt whatever the circumstances.



I take it this is the FUD principle - to make us look like a bunch of FUDDY DUDDIES?  :rofl: 

Actually they use this principle only when we are considering backing out of the once in a lifetime deal.  What principle applies when we are being talked into the wonders of buying?


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## flipchick (Jul 22, 2008)

Just got off the phone with the "attorney" from Lando Resort and all I have to do is fax him the proof of receipt when the letter has been mailed and he'll process the refund.  Hopefully there's no more excuses once he receives that fax.


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## pjrose (Jul 22, 2008)

flipchick said:


> Just got off the phone with the "attorney" from Lando Resort and all I have to do is fax him the proof of receipt when the letter has been mailed and he'll process the refund.  Hopefully there's no more excuses once he receives that fax.



I hope so too.  Note from Talent's post:  Such refund shall be made within 20 days of demand therefor by the purchaser or within 5 days after receipt of funds from the purchaser's cleared check, whichever is later.  Twenty days of when you mailed the letter is real soon, and if they do not mail the refund or process it to your credit card pronto, they are not in compliance with the law.

I would STILL send a letter to the Fla attorney general documenting everything - every phone call, everything you were told - just to get this on record.  Who knows, maybe they already have a big file of complaints!


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## Talent312 (Jul 22, 2008)

pjrose said:


> I would STILL send a letter to the Fla attorney general documenting everything - every phone call, everything you were told - just to get this on record.  Who knows, maybe they already have a big file of complaints!



As my post indicated, the Florida agency that investigates these complaints is the Division of Land Sales... which is a part of the Department of Business & Professional Regulation, not the AG's Office.  The AG's Office will merely forward your complaint to the Division or advise you to contact them.

BTW, Florida had its share of salesmen sellling swamp-land from before it became a State.  This agency has existed in one form or another since then.


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## flipchick (Jul 22, 2008)

:whoopie: Got an email from them and they said they will process my refund today.  

Thanks for all your help.  I'll be sure to be sticking around in learning more about timeshare and make sure that I dont make the same mistake again.


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## pjrose (Jul 22, 2008)

Talent312 said:


> As my post indicated, the Florida agency that investigates these complaints is the Division of Land Sales... which is a part of the Department of Business & Professional Regulation, not the AG's Office.  The AG's Office will merely forward your complaint to the Division or advise you to contact them.
> 
> BTW, Florida had its share of salesmen sellling swamp-land from before it became a State.  This agency has existed in one form or another since then.



I did see the Division of Land Sales mentioned, but I thought the AG would also be involved with consumer issues.  Guess I was wrong!


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## Talent312 (Jul 22, 2008)

pjrose said:


> I did see the Division of Land Sales mentioned, but I thought the AG would also be involved with consumer issues.  Guess I was wrong!



That would be a natural assumption; however, Florida's government is chock-full of alphabet-agencies that regulate every conceivable activity that might affect the public (not that there's anything wrong with that).  They all have their own legal staffs to bring enforcement actions.  The AG's Office concerns itself with defending state action or with general public protection (not individual complaints).


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## intheblue (Jul 30, 2008)

_deleted--duplicate_


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