# Need a correct address to Recind a Hilton time share purchase.



## Tri123 (Aug 31, 2015)

After a 4 hour session at Parc Sole yesterday, we walked away with a $29,000 time share purchase.  As soon as we got back to the resort where we are staying, I started looking up how to rescind our purchase.  As after reading TUG and researching the value of Hilton honors points I realized we had very subtly been bombarded with pressure to purchase the timeshare.  My husband and I commented during the presentation that we both felt pressured.  we should have walked away then..

I have already composed out letter of rescission I just need an address to send it to.

I have been through all the contract etc several times, finding mention of the right to rescind and the medium through which it should be sent, but no address which to send it.

The unit we purchased is at The Borgo Alle Vigne resort in Italy.


----------



## Cyberc (Aug 31, 2015)

Tri123 said:


> After a 4 hour session at Parc Sole yesterday, we walked away with a $29,000 time share purchase.  As soon as we got back to the resort where we are staying, I started looking up how to rescind our purchase.  As after reading TUG and researching the value of Hilton honors points I realized we had very subtly been bombarded with pressure to purchase the timeshare.  My husband and I commented during the presentation that we both felt pressured.  we should have walked away then..
> 
> I have already composed out letter of rescission I just need an address to send it to.
> 
> ...




Hi

The address should be in the documents you got. 

Just out of curiosity how many points did you purchase for the 29.000$ and how many bonus points did you get?

Regards


----------



## JSparling (Aug 31, 2015)

Hilton Honors points and HGVC (timeshare) points are not the same thing. A night at a Hampton Inn will cost you 30,000 Hilton Honor points. A week in a 2-bedroom timeshare with HGVC will cost you 7,000 HGVC points. 

$29,000 is too much for what you got - no matter what it is. However, make sure you don't Google the wrong term and freak out because you are looking at the wrong type of points.


----------



## Talent312 (Aug 31, 2015)

Google is your friend.  Absent any address in the contract or other document that refers to it, use these addresses (shirley one is listed in some document):

Address To: Hilton Grand Vacations / ATTN: Contract Services - Rescission

Sales+Marketing and Member Services:
6355 Metrowest Blvd #180, Orlando, FL 32835

Executive Office:
5323 Millenia Lakes Blvd, Suite 400, Orlando, FL 32839

Be sure to ID the Contract #, name the parties, date and location of resort.
.


----------



## theo (Aug 31, 2015)

Tri123 said:


> After a 4 hour session at Parc Sole yesterday, we walked away with a $29,000 time share purchase.  As soon as we got back to the resort where we are staying, I started looking up how to rescind our purchase.  As after reading TUG and researching the value of Hilton honors points I realized we had very subtly been bombarded with pressure to purchase the timeshare.  My husband and I commented during the presentation that we both felt pressured.  we should have walked away then..
> 
> I have already composed out letter of rescission I just need an address to send it to.
> 
> ...



Rescission rights (and time periods) for timeshares *purchased in the U.S.* are determined (and vary somewhat) by individual state law, with time periods ranging from as few as 3 days to as many as 10 days. The state in which the contract is executed (as opposed to the actual location of the timeshare itself) generally determines the applicable time period available for cancellation / rescission.

That said, I have no idea where "Parc Sole" is physically located. If it's outside the U.S.A., then applicable rescission rights (if any even apply) are a whole different kettle of fish, about which I personally claim no knowledge. I *hope* that you have a right to rescind (cancel) under applicable laws wherever you executed the contract.


----------



## Ty1on (Aug 31, 2015)

theo said:


> Rescission rights (and time periods) for timeshares *purchased in the U.S.* are determined (and vary somewhat) by individual state law, with time periods ranging from as few as 3 days to as many as 10 days. The state in which the contract is executed (as opposed to the actual location of the timeshare itself) generally determines the applicable time period available for cancellation / rescission.
> 
> That being said, I frankly have no idea where "Parc Sole" is physically located. If it's outside the U.S.A., then any applicable rescission rights (if any even apply) are really a whole different kettle of fish, about which I personally claim no knowledge whatsoever. I *hope* that you have a right to rescind (cancel) under applicable laws where you executed the contract.



Parc Soleil is in Orlando.


----------



## theo (Aug 31, 2015)

Ty1on said:


> Parc Soleil is in Orlando.



10 days to rescind then. Odd (and possibly not even in compliance with applicable Florida law) that an address is reportedly missing from the rescission instructions.


----------



## Cyberc (Aug 31, 2015)

theo said:


> 10 days to rescind then. Odd (and possibly not even in compliance with applicable Florida law) that an address is reportedly missing from the rescission instructions.



Does the 10 days also come into consideration when the property OP purchased at is in Italy?

Regards


----------



## theo (Aug 31, 2015)

Cyberc said:


> Does the 10 days also come into consideration when the property OP purchased at is in Italy?



To the best of my knowledge and belief, in the U.S. the rescission laws of *the state in which a contract is executed* determine and dictate the  rescission time period. 
I don't believe that it particulalry matters where the "product" itself is located, even if in another state (...or another country).


----------



## Talent312 (Sep 1, 2015)

I concur with Theo.  My reading of Florida Statutes on the subject (Sections 721.03 & 721.06), is that the disclosure and rescission period applies to offerings made inside the state, even if the TS is located outside the state.

Section 721.03(1)(c)1. -- "The offering for sale in this state of timeshare accommodations and facilities located outside the state is subject only to the provisions of ss. 721.01-721.12..." (which includes the rescission disclosure).


----------



## Caperguy (Sep 2, 2015)

just went through a cancellation myself...we dealt with Parc Soleil and they said e-mailing/faxing them was sufficient. However, to be sure, we also sent registered letters to the two addresses in our documentation: one was the Quality Assurance Manager we dealt with at Parc Soleil. The other was their Corporate building in Las Vegas. The final page of the purchase agreement stated in bold the ability to rescind within 10 days (Florida statute) and noted the Orlando address. There was a separate page that listed all the documents you were given and you had to sign this page - that page noted rescind notice had to be given to Las Vegas.

good luck, and as I was told - check the resale listings for better prices!


----------



## Tri123 (Sep 4, 2015)

Thank you so much everyone for all the information, and advice.

After I sent out letter of rescission I looked again and found the address and contact person to send the rescission to.
I sent it to the correct address but not addressed to the contact person, it was delivered and signed for.
I wonder should I send it again to the person specified in the information about rescission, or just assume in that it was delivered to the correct address that it got to the correct person?

I guess I could call to F/u.

Thanks again everyone for your responses


----------



## DeniseM (Sep 4, 2015)

Absolutely do NOT call - they will do everything in their power to talk you out of rescinding.

PLUS - Calling has no legal standing, so whatever they tell you over the phone, doesn't matter, because only the WRITTEN rescission counts.

***You may get calls from your sales person now - don't answer the phone, don't return their calls - the sales office has NO authority on rescissions, they are just trying to talk you out of it and protect their commission - DON'T TALK TO THEM!

If you sent it to the right address, don't worry about the person's name - they already KNOW who handles rescissions.


----------



## Tri123 (Sep 4, 2015)

Thank you.


----------



## Tri123 (Sep 6, 2015)

*Paperwork states 14 days!*

I just reviewed my paperwork again. In 3 places it states the cancellation period is 14 days.  
This is including the paragraph in BOLD.  It starts out you may cancel your contract without any penalty within 14 calendar days after the date you sign your contract or on the date on which you receive the last of all documents
Required to be given to you pursuant to section 721. 07(6), florida statutes, which ever is later.

Further down it talks about a 10 day cancellation period. Tied in with if there is any change in the public offering

The last paragraph also in BOLD states you have the right to cancel the contract until midnight of the 14th calendar day.

Thank goodness I came to my senses, I'm sure there are some folks out there that have been mislead and ended up stuck with their unwanted purchase.

Why would they say that when Florida is a 10 day cancellation period.  Perhaps to mislead people.?

There was a question earlier asking how many points we got for our purchase price which was in fact 36,000 not 29,000 I forgot to add in the 20% we put down.  We got 7,000 points which brought us to 14,000 points Elite status*#*
Surprise there was also extra incentive of another 35,000 points.  Because it was the end of the month.

Hgvc are good at what they do, they have some very skilled sales people, as I noticed 2 other couples purchasing.  There was one poor family who were still there after we left and they had been there as long as us already.!  We were at an owners update!!


----------



## Talent312 (Sep 6, 2015)

Tri123 said:


> I just reviewed my paperwork again. In 3 places it states the cancellation period is 14 days....



The 10-day period is what is prescribed by Sections 721.06 & 721.07, Florida Statutes.
If the seller chooses to put 14 days in /your/ contract, it may be that's becuz the TS is
out-of-state and there's a 14-day period that applies where the TS is located. The 14
day term may be enforceable, but to be safe, IMHO, you should go by Florida Statutes.
.


----------



## Tri123 (Sep 7, 2015)

Thank you.


----------



## Tri123 (Sep 9, 2015)

Still waiting!
 I sent the first rescission letter on 8/31 that was delivered and signed for on 9/2  I sent it to the correct address but not to the specific person.  So just to be on the safe side I mailed another certified letter on 9/3 to the specific person, that was delivered on 9/8.  
I know I need to be patient, I just want to know for sure the contract is cancelled.  I will keep looking for our down payment to be refunded to our CC.
Hopefully my next post will be to say it's all over !


----------



## OBMBM (Sep 12, 2015)

*Address to Cancel*

I have been following this thread. Would you please share the address that you used to cancel you agreement? I also purchased at Tuscany while visiting at Parc Solei and have a few more days to cancel. Thanks in advance for sharing


----------



## Talent312 (Sep 13, 2015)

OBMBM said:


> Would you please share the address that you used to cancel you agreement? I also purchased at Tuscany while visiting at Parc Solei and have a few more days to cancel.



It should be stated in your copy of the contract, just above where you signed
... Is it not?
.


----------



## theo (Sep 15, 2015)

*Rescission Redux...*



Caperguy said:


> just went through a *cancellation* myself...we dealt with Parc Soleil and *they said e-mailing/faxing them was sufficient.* <snip>



I previously missed and just now noticed the blue highlighted line above and the observation prompts me to belatedly reinforce a few relevant points.

1. In the U.S., rescission instructions are required to be provided *in writing* at the time of contract execution of any developer-direct timeshare purchase. 
These instructions may be incorporated within the contract itself or in separate material, but in writing in any scenario and at the same time as contract execution. 
Any and all *verbal* statements made by the sales weasels about rescission mean *absolutely nothing*; this is a matter of applicable state law. 

2. Frankly, I cannot envision a scenario in which a mere email message would be sufficient, acceptable or legally adequate to effect a contract rescission. 

3. Fax date / time stamping can be very easily manipulated by either the sender *or* the recipient --- not a good idea to use fax as a means of rescission notification. 
Postal service on the other hand provides objective, hard copy, court-acknowledged evidence of  postmark date, which is the only date that ultimately matters.


----------



## Jason245 (Sep 15, 2015)

theo said:


> 2. Frankly, I cannot envision a scenario in which a mere email message would be sufficient, acceptable or legally adequate to effect a contract rescission.



Electronic signatures are legal in the USA for contracts. Delivery of contracts Via e-mail (scanned PDF copies) are perfectly legal and are a part of every day business for many companies (In fact, all my resale purchases were done this way, I even signed bank loan contracts this way).  Heck, the last time I had a fax number, faxes were e-mailed directly to me (no fax machine). 

If HGVC provides for the ability to scan and e-mail recision documentation to them, I actually give them a thumbs up for being customer friendly.  Ultimatly, they are required at a minimum to abide by what is written in the contract, but they are always allowed to provide for more.


----------



## MikeinSoCal (Sep 15, 2015)

I remember when I rescinded a couple of years ago, the contract stated that it must be by mail.  Nothing about email or fax.  I would always go with the contract states.


----------



## theo (Sep 16, 2015)

MikeinSoCal said:


> I remember when I rescinded a couple of years ago, *the contract stated that it must be by mail.  Nothing about email or fax.  I would always go with the contract states.*



These are the words and observations of a wise and prudent man.

There are no brownie points (nor any contractual compliance) for unilaterally deciding to use electronic communication avenues, however convenient they might be, when rescission instructions associated with a contract plainly and specifically identify and *require* use of USPS mail.


----------



## taterhed (Sep 16, 2015)

Just for giggles, I researched the email/fax/certified/delivery receipt/FedEx thing one day when I was bored.

 Very interesting. 
 There are a number of companies that advertise and guarantee electronic methods of legal delivery (for any number of situations). There are many delivery services that advertise and guarantee 'official' methods of delivery suitable for 'proof of deliver' in a court of law.

 But, if you look hard enough, you'll find cases that UPHOLD modern electronic delivery (secure email/fax/electronic delivery) listed in the same search result as cases where electronic delivery was NOT accepted due to specific instructions issued in the agreement/statute etc... 
 Ditto for the certified/priority/USPS vs FedEx/UPS/Courier.  Legality confirmed for some, denied for others.  

 In the end, I'd comply with the contract and statute stipulations to the max extent possible (minimum time, delivery method etc...) and not take any chances.  If it says certified--USPS certified it is.  Doesn't hurt to send a fax or email as well.  Very funny how states/courts interpret things so differently.    Not so funny if it's you on the painful end of the sharp stick.


----------



## theo (Sep 16, 2015)

taterhed said:


> In the end, I'd comply with the contract...<snip>...and not take any chances.  If it says certified--USPS certified it is.



This is indeed the bottom line. There is simply no need, reason or useful purpose for any unnecessary testing of legal waters. 

Developer-direct timeshare purchase contracts generally *very* clearly specify acceptable methods of rescission notice delivery. 
Why try to pound a square peg into a round hole instead of just simply *complying* with the clear instructions of the contract?


----------



## Talent312 (Sep 16, 2015)

It should not be that difficult to grasp that a signed document provides the framework for that which follows and the failure to comply with it's terms is where trouble starts. Alternatives may be honored, but to rely on methods or statements which are not contained within the four corners of the contract is folly.
.


----------

