# Rescind my Timeshare



## Sree (May 4, 2018)

Hi i have brought a timeshare at Hilton Grand Vacations Tuscany, Orlando during my stay at Elara in Vegas on 04/28/2018. I want to rescind my purchase now. Did i pass my rescission period already. Which state rescission laws apply to me? Orlando or Nevada? Please help me as i want to get out of it.


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## Passepartout (May 4, 2018)

In Florida (where you bought) it's 10 days. So you may want to get the letter in the mail ASAP. You'll sleep better.


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## Sree (May 4, 2018)

Passepartout said:


> In Florida (where you bought) it's 10 days. So you may want to get the letter in the mail ASAP. You'll sleep better.


Thank you..And is it 10 business days?Even though i will do it right away


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## DeniseM (May 4, 2018)

No - it's 10 calendar days.



> during *my stay at Elara* in Vegas



But it appears that you bought it in Nevada, so Nevada law applies.


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## Sree (May 4, 2018)

DeniseM said:


> No - it's 10 calendar days.


Got it..i better do it right away. Thank you so much!


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## Sree (May 4, 2018)

DeniseM said:


> No - it's 10 calendar days.
> 
> 
> 
> But it appears that you bought it in Nevada, so Nevada law applies.




Is Nevada 10 days??


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## Passepartout (May 4, 2018)

I think it's 10 calendar days. But you can google it as well as I can. Why push it? There are sample rescission letters all over TUG, just be sure all signers of the contract sign the rescission letter. Send it Certified w/return receipt.

Glad you found TUG.

Jim


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## DeniseM (May 4, 2018)

Nevada is 5 days.


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## Sree (May 4, 2018)

I am Kinda Confused now.. Is it Nevada or Florida?


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## Passepartout (May 4, 2018)

OOPS! My BAD!!! I read Orlando, but you bought in Nevada! That's not good!
Here:
*Right to Cancel a Timeshare Purchase in Nevada*
In Nevada, you may cancel, by written notice, the contract of sale for a timeshare purchase up until midnight of the fifth calendar day following the date you signed the contract (Nev. Rev. Stat. § 119A.410(1)). The contract of sale must include a statement of the right to cancel.


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## DeniseM (May 4, 2018)

Your right to rescind is based on the state where you sign the contract - not where the resort is located.


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## Passepartout (May 4, 2018)

You have until midnight of the 5th day after signing the contract. That's yesterday by my math. Better get moving!


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## Sree (May 4, 2018)

Passepartout said:


> OOPS! My BAD!!! I read Orlando, but you bought in Nevada! That's not good!
> Here:
> *Right to Cancel a Timeshare Purchase in Nevada*
> In Nevada, you may cancel, by written notice, the contract of sale for a timeshare purchase up until midnight of the fifth calendar day following the date you signed the contract (Nev. Rev. Stat. § 119A.410(1)). The contract of sale must include a statement of the right to cancel.


DAMN! i might need to read over the contract to find the rescission time to be sure.


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## Passepartout (May 4, 2018)

I don't think you have time. You might just be a brand new timeshare owner. Our experience is that HGVC is not as hard nosed as some other TS companies, but facts are facts- you're beyond the legally required rescission date in Nevada.


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## Sree (May 4, 2018)

In the scenario that i passed my rescission date...what would be my options here? i took a monthly finance option and paid a initial deposit of 2k on a property of 19k.


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## Sree (May 4, 2018)

How can i get out of this with minimum damage??


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## Passepartout (May 4, 2018)

Sree said:


> How can i get out of this with minimum damage??


If it was me- I'd get the rescission letter out TODAY- FAX if that's allowed. FED-EX if you have to. Smoke signals. Prayers. Even if it's late, they might process it. But with full knowledge that you may be an owner of the contract that you signed.


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## Passepartout (May 4, 2018)

Sree, Since you first asked the question at 4:00 p.m. Las Vegas time on the 6th day after signing the contract, there isn't much that can be done.


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## GT75 (May 4, 2018)

Sree said:


> In the scenario that i passed my rescission date



Before you go down that road, I would advise that you get a certified rescission letter in the mail today.    HGVC might honor it.   Just make sure that you get all parties on the original contract sign it.    Follow the instructions in your package.


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## Sree (May 4, 2018)

Passepartout said:


> If it was me- I'd get the rescission letter out TODAY- FAX if that's allowed. FED-EX if you have to. Smoke signals. Prayers. Even if it's late, they might process it. But with full knowledge that you may be an owner of the contract that you signed.


Yes, i am the only one on the contract


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## Sree (May 4, 2018)

GT75 said:


> Before you go down that road, I would advise that you get a certified rescission letter in the mail today.    HGVC might honor it.   Just make sure that you get all parties on the original contract sign it.


What is ceritified rescission letter? Is it any different than the sample ones online?


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## GT75 (May 4, 2018)

Sorry, certified mail or certified receipt.


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## Jason245 (May 4, 2018)

You might still win on 10 day rule because the property is located in florida and as such might be subject to Florida law (as well as Nevada law).

Hgvc is also headquartered in florida.  I would read the contract for cancelation terms and coditions and try to comply. . Then if worse comes to worse and they reject you because of Nevada law, you can try to sue to get out in florida. .

Sent from my SAMSUNG-SM-N910A using Tapatalk


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## Sree (May 4, 2018)

Hi everyone.. I just went through my Rescission rights in the package i received. It clearly says "..you must notify the developer in writing of your intent to cancel within seven calendar days of receipt of the public report or the date you sign the purchase contract.."


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## Sree (May 4, 2018)

I found a letter that says
"STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE SUBDIVISONS
 RESCISSION RIGHTS(Time Share) "
I am resident of california..and What all do i need to enclose in this certified mail?


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## Sree (May 4, 2018)

GT75 said:


> Sorry, certified mail or certified receipt.


I found a letter that says
"STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE SUBDIVISONS
RESCISSION RIGHTS(Time Share)"
It clearly says 
"..you must notify the developer in writing of your intent to cancel within seven calendar days of receipt of the public report or the date you sign the purchase contract.." 
I am resident of california..and What all do i need to enclose in this certified mail?


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## GT75 (May 4, 2018)

Glad to know that you found that you have the legal time to get this done.    The important thing is, did you find the address (sometimes it might also be a fax number) on where to mail the certified letter?     That is important.

I will add these previous posts for information



PigsDad said:


> A simple letter that states your name(s), the contract or reference number, and a statement saying that you want to rescind the contract. No need to give a reason. It must be signed by all of the same people that signed the original purchase contract.
> 
> Then send it via certified USPS mail so that you have proof of it being sent.
> 
> Kurt





Talent312 said:


> You could also include a copy of the face page of your contract for identification.
> 
> BTW, they may contact you to talk you about it. Do not talk to them!
> They even may say, "Before we process, we want to confirm..." That's a ruse.
> You will be talking to a salesman, not the peep who process the rescission.


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## Sree (May 4, 2018)

GT75 said:


> Glad to know that you found that you have the legal time to get this done.    The important thing is, did you find the address (sometimes it might also be a fax number) on where to mail the certified letter?     That is important.
> 
> I will add these previous posts for information


Yes i did find the address to where to send the certified letter. Even though its confusing with all this california and nevada timeline. I am gonna go ahead and send it for now and hope for the best!


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## DeniseM (May 4, 2018)

All the details about rescinding:  http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html


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## Passepartout (May 4, 2018)

The place that governs how much time you have to rescind is where you signed the contract. In Nevada, its 5 calendar days.


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## Sree (May 4, 2018)

Passepartout said:


> The place that governs how much time you have to rescind is where you signed the contract. In Nevada, its 5 calendar days.


"..If the state where the solicitation to purchase a timeshare interest occurred offers a rescission period greater than the state where the purchase is consummated, then the longer period shall apply..". I believe that is why i was given a addendum for california which clearly states i have 7 calendar days..Can some clarify if i am interpreting this accurately?


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## Passepartout (May 4, 2018)

What we say here doesn't count. The one that matters is HGVC. If they allow the rescission, you're good. If not, you are facing a lot of unnecessary expense. You are the one who waited to rescind. Not us.


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## DeniseM (May 4, 2018)

At this point - I would focus on getting the letter written, and in the mail ASAP - certified.


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## Sree (May 4, 2018)

Passepartout said:


> What we say here doesn't count. The one that matters is HGVC. If they allow the rescission, you're good. If not, you are facing a lot of unnecessary expense. You are the one who waited to rescind. Not us.


Yes yes.. i agree sorry i was just trying to get a interpretation of the package i received. Anyway i am sending it thanks!


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## Sree (May 4, 2018)

DeniseM said:


> At this point - I would focus on getting the letter written, and in the mail ASAP - certified.


Doing it..thanks!


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## DeniseM (May 4, 2018)

Good luck!


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## Juxtapose (May 7, 2018)

I looked through my original docs and it had both the Florida and Nevada cancellation date notices within the packet - a page for each stating that states rights to cancel. Seemingly to notify me that I had the right to cancel within each state's period - so I'd follow the instructions for the one you were (are?) still within. I'm guessing that you're still good using the Florida date, because of this. 

Hope it worked out for you!


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## Sree (May 14, 2018)

Hi All,

Just wanted to update you all.. I have got my deposit(full amount) back on my CC. I did not receive any call or emails saying the contract has been rescinded. 

Thank you for all the help.


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## GT75 (May 14, 2018)

Wonderful news @Sree, I am so happy that everything worked out for you.


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