# Rescinding a Welks Resort contract



## mamanellie (Jul 4, 2017)

Hello,

I recently purchased a Welks Resort timeshare on 7/2/17 and after extensive research about timeshares, I've decided to rescind. I probably should've done my research prior to purchasing, but I honestly just went to the presentation so I could get my free gift but I easily gave in to their selling tactics. 

I've read all articles/ forum threads on how/when to rescind and how it's legal, but during my signing of my contract, both my husband and I were video/ sound recorded during the whole process. The developer dude said we would not get our deposit back ($1400) even if we decided to cancel because escrow papers cost a lot. Is this true?


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## moonstone (Jul 4, 2017)

That "dude" was lying!! I'm pretty sure they must legally refund all, or very nearly most, of your money but others with that particular resort will probably chime in. How did you pay the deposit? If on a credit card, dispute the charge, if a cheque then issue a stop payment. If you purchased in the USA you can rescind. Some states have different time periods but you definitely can! There should be rescind instructions buried somewhere in your paperwork, if not search these forums for information.

Good luck & welcome to TUG!


~Diane


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## Karen G (Jul 4, 2017)

Yes that salesman was definitely lying to you. When you rescind a contract both parties are placed back in the position they were before the contract was signed. There is now no contract so there would be no reason to pay any kind of escrow fees because there will be no  escrow.  Be sure to mail your written letter of rescission with the signatures of everyone who signed the agreement. Send it by certified mail so that you have a receipt showing that you mailed it within the rescission time period. Notify your credit card provider that you have rescinded the contract and dispute any charges that may appear.


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## maddog497 (Jul 4, 2017)

I would hold on to the recording as you were definitely lied to.  Shouldn't have an issue if you follow all the steps identified and congratulations on saving yourselves some money. 

Recind now,  then research, then research some more before leaping in.

You have lots of time once you figure this whole thing out. 

Sent from my ZTE A2017U using Tapatalk


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## mjm1 (Jul 4, 2017)

mamanellie said:


> Hello,
> 
> I recently purchased a Welks Resort timeshare on 7/2/17 and after extensive research about timeshares, I've decided to rescind. I probably should've done my research prior to purchasing, but I honestly just went to the presentation so I could get my free gift but I easily gave in to their selling tactics.
> 
> I've read all articles/ forum threads on how/when to rescind and how it's legal, but during my signing of my contract, both my husband and I were video/ sound recorded during the whole process. The developer dude said we would not get our deposit back ($1400) even if we decided to cancel because escrow papers cost a lot. Is this true?



Congratulations on doing research and rescinding. You should definitely receive all of your money back as long as you followed the instructions to rescind.

As former owners at Welk, we would agree that their sales team is very aggressive and not to be trusted. That is unfortunate as their resorts are typically very nice. Most would consider them in the second tier behind Marriott, Vistana, Disney, Hilton and Hyatt ( I may have missed one or two others.) 

Keep doing your research, decide which system best meets your current and future vacation needs, and then buy resale. TUG is a great place to start.

Best regards.

Mike


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## geist1223 (Jul 4, 2017)

Did you give permission for the Video/Sound recording? If you are Video/Sound Recorded always demand a copy. Also if you decide to sign a Contract then just before you sign look right at the Camera and state clearly that all Oral Statements/Promises by the SalesccStaff are hereby incorporated by reference in the written Contract as though fully set forth in the written Contract.


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## Passepartout (Jul 4, 2017)

Agree with Karen G in post 3. Just follow the instructions contained in your contract. Absent that, hand write a 'we wish to rescind' letter. Both signers of t h e contract sign the letter. Include a copy of the signature page from the contract. Send it USPS Certified w/return receipt. It may take up to 45 days for the refund and they are not required to keep you informed as to the progress, so the waiting will be stressful. 

Don't answer calls from them or that you don't know at least until the rescission period has ended. They frequently will call to get you to change your mind.

Jim


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## mamanellie (Jul 4, 2017)

Thank you everyone for your input! I appreciate it


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## TUGBrian (Jul 4, 2017)

do you have a copy of the recording? =)


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## mamanellie (Jul 4, 2017)

TUGBrian said:


> do you have a copy of the recording? =)


I do not and didn't realize I could request a copy.


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## maddog497 (Jul 4, 2017)

I'm quite surprised they recorded it but didn't offer you a copy or even mention it?  I guess I'm not really surprised, lol.  That's too bad as I am pretty sure statements made that were not true could of had serious repercussions for them down the road.

Anyways, good news you found this site and after you have successfully rescinded you can take the time needed to really figure out how to properly use a timeshare to the best of your advantage.


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## TUGBrian (Jul 5, 2017)

ah, chances are you wouldnt have been provided such a thing...but it was worth a shot to ask!


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## mamanellie (Jul 5, 2017)

One more question.... do I *have* to return my gifts along with everything else they gave me?


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## Karen G (Jul 5, 2017)

mamanellie said:


> One more question.... do I *have* to return my gifts along with everything else they gave me?


Were the gifts what they offered you to get you to come to the sales presentation? If so, no--those were yours to keep because you fulfilled your promise to attend.  If the gifts were something they give only to those who purchase, such as a tablet or some electronic gadget, then you should return those or they might deduct the price from your refund, I think. Just send them back by the cheapest method possible with some proof that you sent them.


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## mamanellie (Jul 7, 2017)

Karen G said:


> Were the gifts what they offered you to get you to come to the sales presentation? If so, no--those were yours to keep because you fulfilled your promise to attend.  If the gifts were something they give only to those who purchase, such as a tablet or some electronic gadget, then you should return those or they might deduct the price from your refund, I think. Just send them back by the cheapest method possible with some proof that you sent them.




Thank you Karen. They were gifts promised to us if we attended... so I guess I'm keeping my gifts


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