# Rescinding help......big shock, right...



## Mike316 (Apr 1, 2011)

I've read several threads about people who have rescinded with HGVC, but I am still a little nervous.  My wife and I purchased a club membership back on 3/23 while we were on vacation in Orlando.  After thinking more about it the next couple days, and reading over the contracts a little more closely and realizing there were more transfer fee's than what we initially realized, we decided to rescind.  

We sent our written request via USPS on Saturday certified mail and return receipt requested.  It shows that the letter was received Monday morning, 3/28.  So I know they have the letter.

My problem is that I cannot get anyone on the phone to get any type of verbal confirmation that they are processing our request.  I've left a couple of voice mails, and every time I get a live person they transfer to someone else and I get a voice mail.  

Just wondering if anyone else had that problem or if I should be sweating bullets right now.  Because now with the weekend approaching, and the 10 day window closing, I don't want to get screwed.

Thanks


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## timeos2 (Apr 1, 2011)

As long as you followed the steps in the contract exactly & now have the return receipt proving they got it within the time frame allowed you should be just fine. You really don't want to talk to anyone as all they would do is try to convince you to undo the rescind request. You don't need that extra pressure. 

Watch your credit card statement (I assume you charged it) for the refund and if it hasn't shown up in 30 days protest to the cc company. 

But again, you should be fine. Wise move getting out of a seriously overpriced "deal" at retail.


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## Mike316 (Apr 1, 2011)

Thanks.  Yeah, i'm glad I stumbled upon this site.  Just found it today after already dealing with all the time share stuff.  We are interested in a time share, we just don't know where to begin or anything like that.

We'll be in Myrtle Beach next month for vacation and are thinking about looking into some properties there as well.


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## timeos2 (Apr 1, 2011)

Mike316 said:


> Thanks.  Yeah, i'm glad I stumbled upon this site.  Just found it today after already dealing with all the time share stuff.  We are interested in a time share, we just don't know where to begin or anything like that.
> 
> We'll be in Myrtle Beach next month for vacation and are thinking about looking into some properties there as well.



Best advice I can offer. Buy a resale in a system or at a resort that you want to use regularly.  Try to buy those that are owner controlled (easy with resorts - much harder with systems - you may have to accept developer control in most systems).  Buy only up to 70% of what you can use (travel time) as timeshares aren't available everywhere you'll want to go and if you have all your time/money committed you'll have nothing to play with for that other 30% +/-.  Plus you can rent/borrow/bank time to fill in the balance when needed without being committed to fees. 

You can get great value from timeshare ownership but you have to buy right (resale) at the right places.  Enjoy your trip and if you attend anymore presentations listen, nod but DO NOT BUY RETAIL!


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## AwayWeGo (Apr 1, 2011)

*Buy Myrtle Beach Timeshares Resale.   (Never Pay Full Freight.)*




Mike316 said:


> We'll be in Myrtle Beach next month for vacation and are thinking about looking into some properties there as well.


If you see 1 you like well enough to buy, don't buy it from the timeshare company. 

Nothing that the timeshare companies sell at full freight is worth the money -- & that goes for Myrtle Beach just like all the other choice vacation spots. 

Buy timeshares resale.  Save thousands of dollars on exactly the same thing, or the equivalent, or something even better. 

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


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## vacationtime1 (Apr 1, 2011)

timeos2 said:


> Best advice I can offer. Buy a resale in a system or at a resort that you want to use regularly.  Try to buy those that are owner controlled (easy with resorts - much harder with systems - you may have to accept developer control in most systems).  Buy only up to 70% of what you can use (travel time) as timeshares aren't available everywhere you'll want to go and if you have all your time/money committed you'll have nothing to play with for that other 30% +/-.  Plus you can rent/borrow/bank time to fill in the balance when needed without being committed to fees.
> 
> You can get great value from timeshare ownership but you have to buy right (resale) at the right places.  Enjoy your trip and if you attend anymore presentations listen, nod but *DO NOT BUY RETAIL!*



This is excellent advice; I especially like the 70/30 rule as a method of avoiding over-buying.

The only thing I would add is to research for a few months before buying anything. Your research should include websites such as this one, on site research (why buy sight unseen and risk unpleasant surprises?), and finally, researching your mind -- what it is you want/need/can afford.

And congratulations on finding TUG and rescinding in a timely manner; you are already ahead of most people.


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## Mike316 (Apr 1, 2011)

one thing that wasn't specified is what about all this paraphanelia they gave us when we bought.  Like the RCI listing book and all that info.  In the rescission instructions it only talked about submitting a written notice of cancelation, it didn't say anything about returning the materials.


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## vacationtime1 (Apr 1, 2011)

Mike316 said:


> one thing that wasn't specified is what about all this paraphanelia they gave us when we bought.  Like the RCI listing book and all that info.  In the rescission instructions it only talked about submitting a written notice of cancelation, it didn't say anything about returning the materials.



The rescission notice controls.  If you do everything it requires in the method it requires (i.e the method of giving notice), you are covered.


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## theo (Apr 1, 2011)

Mike316 said:


> I've read several threads about people who have rescinded with HGVC, but I am still a little nervous.  My wife and I purchased a club membership back on 3/23 while we were on vacation in Orlando.  After thinking more about it the next couple days, and reading over the contracts a little more closely and realizing there were more transfer fee's than what we initially realized, we decided to rescind.
> 
> We sent our written request via USPS on Saturday certified mail and return receipt requested.  It shows that the letter was received Monday morning, 3/28.  So I know they have the letter.
> 
> ...



First, it's the *mailing* date (i.e., not the date of actual delivery of your cancellation that matters here). If you can prove your *mailing* date was "on time" (via the little green and white w/ red stamped and dated receipt issued at the P.O.), then you are on solid ground. Later date of recipient receipt or signature matters not at all in regard to your having met your rescission deadline. 

Second, I don't recommend going out of your way to have any phone conversations on the matter. This can only lead to misunderstandings (deliberate or otherwise) and renewed "pitches" to "sweeten" the "deal" and convince you not to rescind. Don't go there.  If you followed the cancellation instructions precisely, correctly (and within that particular state's rescission time frame as defined by law), all will ultimately be well. You will have dodged an expensive and painful bullet. Congrats.


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## ronparise (Apr 1, 2011)

Like you I bought retail and then rescinded. And like you I wanted to talk to a person that could confirm receipt and give me some assurance that the process was underway and that "my check was in the mail" 

With Wyndham that wasnt a problem. In fact the process was already underway before they received the certified mail. They started based on an email we sent

The reason Im writing this is to say I wouldnt worry about talking to someone. There was no effort to try to resell me and no attempt to deny my claim Wyndham is a big organization as is HGVC. The folks that took care of the cancellation of the contract and the return of my money are completely different than the sales force. As I see it they are there to protect the company from lawsuits brought because of the excesses of the sales department, and they do it by making the process of rescission as painless as possible.   I suspect you will be treated as well at HGVC....


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## phil1ben (Apr 1, 2011)

Don't let the whole sales pitch/recission thing sour you on the concept. Because the market is so depressed now is (in my opinion) an excellent time to buy a timeshare. However, it is very important that you do your homework. You must learn about the Right of First Refusal (ROFR) that applies to many resales. If you spend some time on this site you can quickly get a pretty good idea what a timeshare is selling for on the resale market. Do a search on EBAY as well. I think one of the moderators of this site typically posts 10 questions to answer before buying. You will find one of her posts quickly. The $15.00 to become a member here is well worth it.  Lastly, I normally do not like dealing with realtors (sorry just my own opinion) BUT I can honestly say that Judi Kozlowski (a realtor specializing in timeshares) saved us money in the long run. I would use her again. If you search her name you will find many positive posts including my own. We recently bought an HGVC timeshare after spending a few months researching and reading posts here. Good Luck.


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## Myxdvz (Apr 1, 2011)

Hi, like you I bought into HGVC last 3/31, but I KNOW I was going to rescind.  The reason why I ultimately said yes was because they were not going to give me any materials unless I said yes.  Since I know that legally I have 10 days to change my mind, it was an easy way to get the information I need (materials), and the salesman off my back.

I will send my recission letter tomorrow.  But I know I want to buy a TS to supplement my DVC for non-Disney vacations, preferably with locations around the midwest.


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## chriskre (Apr 1, 2011)

AwayWeGo said:


> If you see 1 you like well enough to buy, don't buy it from the timeshare company.
> 
> Nothing that the timeshare companies sell at full freight is worth the money -- & that goes for Myrtle Beach just like all the other choice vacation spots.
> 
> ...



Sometimes the resorts have resale weeks at a reasonable price.  Usually not as cheap as ebay but decent deals.  I was recently offered a $3000 summer week at HGVC on the beach.  I thought it was a nice deal and an oceanfront unit.


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## Patri (Apr 2, 2011)

Myxdvz said:


> Hi, like you I bought into HGVC last 3/31, but I KNOW I was going to rescind.  The reason why I ultimately said yes was because they were not going to give me any materials unless I said yes.  Since I know that legally I have 10 days to change my mind, it was an easy way to get the information I need (materials), and the salesman off my back.
> 
> I will send my recission letter tomorrow.  But I know I want to buy a TS to supplement my DVC for non-Disney vacations, preferably with locations around the midwest.



Be sure to send it return receipt requested. Then you have proof of the mailing date, and you are protected.


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## Carol C (Apr 2, 2011)

To the OP: Congrats on finding TUG in time. Since you're going to Myrtle Beach, you may want to go on a Wyndham timeshare presentation while there to hear how that system works. I think the system is a great value even though I have more points than I can use right now. Of course when you go to their sales pitch take notes for future use of the system, politely tell them no (all of the salespeople and closers who'll join you in the boiler room). Then proceed to TUG to learn more about Wyndham Vacation Club...and then on to ebay to see what the prices are for Wyn pts packages. You want to buy initially at a Wyn resort with lowish- annual-maint-fees...and you can ask TUGgers which would be best. If ARP matters to you (preferential/advance reservations at a particularly coveted resort) you may want to buy at one preferred Wyn resort...resale of course. I did that with the Wyndham Old Town Alexandria VA (metro DC) even though the maint fee is higher than some out there...just to be able to book my stays earlier than the rest of the Wyn members. So...again congrats on rescinding in time...and welcome to TUG!


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## bankr63 (Apr 2, 2011)

AwayWeGo said:


> Save thousands of dollars on exactly the same thing, or the equivalent, or something even better.
> 
> -- Alan Cole, McLean (Fairfax County), Virginia, USA.​



Agree 100% with the something *even better*.  Most of the prime weeks (if the resort sells prime weeks, some only sell memberships) are snatched up quickly.  What's left is often what they are flogging; less desirable weeks.

One of the reasons many "systems" exist right now, is that essentially they sell everyone like they are getting the prime weeks, but the truth is, that very few can reserve those weeks.  Did the HGVC guy mention you could get Times Square for New Years Eve?  Yeah, you and thousands of other people want that one unit.  Chance of scoring that one - about zero.

That's why we hold onto our deeded week 11 (March Break) in Orlando.  We go often, and we don't have to fight others for reservations.  The resort was actually overbooked this year (due to renovations), but we didn't have to do anything to get our guaranteed week.  It also trades fairly well as it has a pretty good trading power in RCI, and I don't have to worry about the vacation network depositing an only "average" week for me.

Prime weeks at great resorts do come up often enough on eBay, Redweeks, and elsewhere.  Spend a fair bit of time researching and soul searching to understand what you really want.  Then sit back and watch the auctions, tug listings, etc. until your perfect week comes up.  You'll pay far less than developer pricing and get something you truly want and use.


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## Talent312 (Apr 3, 2011)

You can stop sweating over HGVC honoring your rescission. By all reports in the HGVC forum, they will do the right thing, promptly. You _can_ file a dispute with your CC company within 60 dats after the charge appears on a statement; however, you may expect to see a credit online within a week or so.

Once you get past the sales-cretins who seem to use the same playbook of every onther sales outfit, HGVC itself is fairly consumer friendly. Reserving stays at its resorts is darn-close to hotel like.


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## rgong (Apr 5, 2011)

Mike316 said:


> one thing that wasn't specified is what about all this paraphanelia they gave us when we bought.  Like the RCI listing book and all that info.  In the rescission instructions it only talked about submitting a written notice of cancelation, it didn't say anything about returning the materials.



You'll be fine. We rescinded HGVC with a letter sent by certified mail within the rescission window and I received my deposit back in about a week, maybe 10 days. And I still have the materials (owners' guide, RCI catalog, cheap little carrying case) they handed out, no one's asked for them back. Which is ok, because I'm still interested in HGVC, but not at retail.


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## Mike316 (Apr 7, 2011)

everything worked out.......credit card was credited yesterday.  Thanks again for all the help and support


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## timeos2 (Apr 7, 2011)

Mike316 said:


> everything worked out.......credit card was credited yesterday.  Thanks again for all the help and support



EXCELLENT! Thanks for the follow up.

In this market it would be nearly impossible to find any developer timeshare purchase that makes sense. It can even be hard to justify resale despite the extremely depressed prices.  The economy has decimated the timeshare industry, the PCC's and exchange companies have helped kill the remaining value and made renting just about the only real deal anymore.

It is sad as the concept is so great but the implementation from the original sales model to the FUD of the PCC's has sucked the life right out of it.   

With research and care you can still find value but be very very careful about anything you decide to buy. You dodged a big bullet on this one.


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## Artist (Apr 25, 2011)

timeos2 said:


> As long as you followed the steps in the contract exactly & now have the return receipt proving they got it within the time frame allowed you should be just fine. You really don't want to talk to anyone as all they would do is try to convince you to undo the rescind request. You don't need that extra pressure.
> 
> Watch your credit card statement (I assume you charged it) for the refund and if it hasn't shown up in 30 days protest to the cc company.
> 
> But again, you should be fine. Wise move getting out of a seriously overpriced "deal" at retail.



How do you write the letter to them. How is the letter worded??


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## DeniseM (Apr 25, 2011)

Artist said:


> How do you write the letter to them. How is the letter worded??



Here is an *article* with a sample letter.


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## Artist (Apr 25, 2011)

*West Gate Cancellation*

How do I word the Cancellation letter? Do I send the black case to them express I bought mine on 4/20/11


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## DeniseM (Apr 25, 2011)

See my answer in post #22 above.

IMMEDIATELY get the letter in the mail.  Then see if they ask for the case back.


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## theo (Apr 26, 2011)

*Contract rescission*



DeniseM said:


> See my answer in post #22 above.
> 
> IMMEDIATELY get the letter in the mail.  Then see if they ask for the case back.



Good, valid and sound advice. The article cited is also excellent, but I would point out one critically important fact / detail after just now reading over that article... 

Contract rescission time periods are governed and specified *by individual state law * (the state of the timeshare and transaction, not the state of residence of the buyer). No resort can ever lawfully "shorten" that time period and, as correctly noted in the article, no resort can ever lawfully have a buyer "waive" those rescission rights provided by state law.

I mention this detail because the article lists the contract rescission periods for a number specific resorts, but does not otherwise overtly make clear (unless I missed something there) that *the rescission periods are actually determined and specified by underlying state law (i.e., not by any individual resort, anywhere).

It would be nice if there was standardization of contract rescission periods among all U.S. states. It would also be nice if I had previously won a multi- miliion dollar lottery. Unfortunately, neither event has occurred nor is either likely to occur in the future...  

State contract rescission periods can be as short as 3 days (e.g., Massachusetts) or as long as 15 days (e.g., Alaska). In Florida it's 10 days. In most states, it's 5-7 days. In any event, the individual state time period for contract rescission must always be met.

The bottom line is that the intrepid buyer should (i.e., must) learn and comply with the appicable individual state law pertaining to contract rescission. It will never cut it to miss the deadline and then later attempt to claim "I thought it was a longer time, like it is is over in (insert state name)".

State laws also require that the contract rescission period and the instructions to effect same be provided to the buyer in writing at the time of contract execution. Why so many buyers fail to read this information and / or follow those provided instructions in time is certainly another subject entirely...  *


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## e.bram (Apr 26, 2011)

Theo:
If a developer solicits in another  state, it must register and comply with the laws of that state.


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