# HGVC Waikoloa Recission Help!



## dpavid (Jul 18, 2007)

Has any done a rescission through HGVC in Hawaii before. All contract says is "purchaser has, under Hawaii law, a 7 day right of rescission of time sharing sale contract" but not instructions on what to do?

Do I fax a letter, call, do i need a cancellation number, etc...

Just trying to make the process easier. Thanks in advance.


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## debraxh (Jul 18, 2007)

I'm _not_ surprised that there are no instructions on how to rescind.  I would call first and ask what the policy is and state your intention to cancel.  Then follow up with a fax and registered letter.


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## Dave M (Jul 18, 2007)

Somewhere in the contract, typically near the end, is an address where you can be contacted and an address where the developer can be contacted. According to Hawaii law, you may "mail or deliver" a notice of cancellation to that address. The standard advice here at TUG is to send your cancellation via _certified mail_, requesting a receipt to prove that your cancellation was delivered. 

If you send it via mail (e.g., certified mail), you can mail it as late as the last date for cancellation. If you deliver it via any other method, you must ensure that your cancellation notice arrives at that address no later than the last day for cancellation.

No special format is necessary for your letter. Just ensure that you state that you are canceling your purchase of (describe the timeshare) as specified in the purchase contract dated, July XX, 2007. That's all that's required. Don't give a reason. Just do it.

Then be prepared for a phone call asking if you are sure....


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## WillingWil (Jul 19, 2007)

*Is that all?*



Dave M said:


> No special format is necessary for your letter. Just ensure that you state that you are canceling your purchase of (describe the timeshare) as specified in the purchase contract dated, July XX, 2007. That's all that's required. Don't give a reason. Just do it.
> 
> Then be prepared for a phone call asking if you are sure....



Is it really that easy? Just one simple statement saying that you want to rescind? Knowing nothing about timeshares, I bought a HGVC timeshare in the HHV through the developer and am now wanting to cancel the contract after finding this forum. After doing a little research, I've decided resale is the way to go.

In the back of my contract, they attached a cancellation form that contains only my name and the date of the contract and states that I have to deliever a signed and dated copy of the form to cancel the transaction. 

When I send in this cancellation form, should I just go ahead and include everything else they gave me: my contract, all the sales materials, brochures, and gifts (including a pleather messenger bag, coffee table book about Oahu, and gift basket full of Hawaiian stuff--which was somewhat a pain to bring back home as it added almost 30 lbs and bulk to our luggage going back home)?

Thanks..


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## UWSurfer (Jul 19, 2007)

Having never bought retail I couldn't tell you what the skinny is about the books and gifts. 

If you don't want to take it all home, yeah give it back if you havn't left.  If you did take it home...I'd wait to see if they ask for it back.  It will give you a leg up when you go looking at resales in HGVC as you'll have all the owners info with you.

You can expect a phone call from them after you rescind to see if they can change your mind.   I'm sure once you provide the "final no" they'll let you know if they want their stuff back.


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## AzMin (Jul 19, 2007)

When I rescinded our HHV purchase with the developer, I just mailed the signed recission form to them, making sure I had delivery confirmation with a signature confirmation as well. I didn't return anything else - not the contract, paperwork, pleather briefcase, gifts, etc. The recission form could've gotten "lost" among all that stuff anyway if I had mailed it all together. 

Be sure you sign the recission form *exactly* like you signed the contract (that is, full first, middle and last names if that's how you signed the contract). 

I got a phone call, of course, but I never offered to return the stuff and they never asked. 

Min


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## benjaminb13 (Jul 19, 2007)

I almost purchased retail-
and rescinded- 
Heres what I did
Call first to ask them for direction/ addresses /emails  re :rescission-- usually the person who has you sign final docs and gives you your copies left a number and contact - call him to start and get all the addresses
1) fax  a letter of resicission to HGVC- sales and another to rescission department saying your financial situation has changed- mail original
2) Follow up with phone calls to make sure each department got them
3) also send emails to them one they respond with an email saying they received you have proof they have received the request

although there are a few perks to buying from dev as opppossed to resale- They are negligible with HGVC---If not for this site I would have never bought resale- The process can drag and is more tedious but well worth it-
I now own HGVC Waik- and HYatt- 
Good luck- you will be fine
Benj


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## benjaminb13 (Jul 19, 2007)

Just curious what was the purchase price- how many points?


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## pashber (Jul 19, 2007)

We signed a contract while staying at the Hawaiian Village last year.  The contract was for the Las Vegas Strip (5,000 points, gold season, $19K).  We took an interisland cruise in the interim, came back, checked into our new hotel on Oahu, and asked the hotel front desk to fax over the rescission.  No problem.  HGVC never asked for any of the materials back, which was great because it gave us something to refer to as we were waiting for our new purchase at the Flamingo to go through.  Naturally, we bought resale.


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## WillingWil (Jul 20, 2007)

Thanks for the responses. I was just confused as to how they would know which contract to cancel based on the Cancellation form which only contained my name and not a description of the timeshare, etc. I guess the _should_ have a record of that stuff to know to cancel my contract.. right? 

If I don't get a call back from them, which I doubt will happen, how will I know for sure that the contract was canceled? 

Just in case you were wondering my contract was for an annual 1bed/bath unit at the Waikikian during Gold Season (thought led to believe I was buying it during the Platinum Season), 5100 points, and 14000 bonus Club Points.. did I get "hosed" too?


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## benjaminb13 (Jul 20, 2007)

what price?


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## somerville (Jul 20, 2007)

WillingWil said:


> If I don't get a call back from them, which I doubt will happen, how will I know for sure that the contract was canceled?


If you followed DaveM's advice above, you will have your Certified Mail Return Receipt and a copy of the letter or form you made before you mailed it.  If you made a down payment, you will get a refund.


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## WillingWil (Jul 20, 2007)

benjaminb13 said:


> what price?



oops.. It was close to $25k.


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## ricoba (Jul 20, 2007)

$25K for a one bedroom, 5100 points, gold season? YIKES, that's a bit much.  Especially since there isn't much gold season in Hawaii.

I paid less from the developer for our 7000 points before TUG, I didn't know any better, like lots of folks here.  On the resale my unit is worth about $14 to $15 K

You have done the right thing.

HGVC is a great system, just take your time and learn here.

Good luck!


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