# Rescinding a timeshare



## TSuser (Aug 26, 2007)

Hi, I brought a timeshare a couple days ago and now I realize it was a mistake.  I want to rescind it but the fax machine they told me to send my cancellation request to is broken.  I called them and they gave me some other fax numbers to contact them with but they may not be legit.  If I mail my request in tomorrow, it probably won't get there in time.  So what should I do to make sure the contract is cancelled? Thanks.


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## Timeshare Von (Aug 26, 2007)

Follow the requirements as specified in your purchase agreement/contract.  Ordinarily, sending a letter certified, return receipt requested by the expiration of the rescinsion period is all that is required.   I also believe it is that you must mail it by the required date, not that they receive it by that date.  Again, read what your contract documents say and follow them in terms of timelines.


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## TSuser (Aug 26, 2007)

Timeshare Von said:


> Follow the requirements as specified in your purchase agreement/contract.  Ordinarily, sending a letter certified, return receipt requested by the expiration of the rescinsion period is all that is required.   I also believe it is that you must mail it by the required date, not that they receive it by that date.  Again, read what your contract documents say and follow them in terms of timelines.



The contract states that as long as I send in a FAX with the receipt to their company that I sign stating that I want to cancel the contract, then I would be fine and they would contact me a couple days later to discuss the cancellation.  Coincidentally, their fax machine to their office that handles rescinding requests isn't working so I sent the paper to some other offices that the worker on the phone told me to send the papers to.  I don't know if that really counts as staying with the terms of the contract since I didn't specifically fax it to that specific office but I did fax it to their corporate office.  So I'm hoping that would be okay, does anyone have any experiences with this?


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## spatenfloot (Aug 27, 2007)

If there is no other method listed, and they refuse to honor the fax sent to the other number, tell them you will contacting a lawyer.


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## Timeshare Von (Aug 27, 2007)

My experiences with rescinding at Fairfield (before they were Wyndham) involved going back to the sales office the very next day and giving them, in person, my letter notifying them that I was rescinding . . . and getting in return, acknowledgement in writing confirmation of receipt of the cancellation notice.

All other times that I've been involved in rescinding a purchase, I have done so by USPS, certified mail, return receipt requested.  I have never been party to a purchase agreement that required a fax, nor a follow-up phone call to discuss it.  

That sounds a bit fishy to me but since I'm not reading the documents or the contract you signed, I can't say much more than it is not what I'm accustomed to doing to rescind a purchase.


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## TSuser (Aug 27, 2007)

Timeshare Von said:


> My experiences with rescinding at Fairfield (before they were Wyndham) involved going back to the sales office the very next day and giving them, in person, my letter notifying them that I was rescinding . . . and getting in return, acknowledgement in writing confirmation of receipt of the cancellation notice.
> 
> All other times that I've been involved in rescinding a purchase, I have done so by USPS, certified mail, return receipt requested.  I have never been party to a purchase agreement that required a fax, nor a follow-up phone call to discuss it.
> 
> That sounds a bit fishy to me but since I'm not reading the documents or the contract you signed, I can't say much more than it is not what I'm accustomed to doing to rescind a purchase.



Either I have to fax it to the "developer" or send it in through the mail that arrives there before the rescinding period ends.  And since the mail won't arrive there that fast no matter what, I'm pretty much confined to FAX machines.  I have records of all the Faxes I've sent and records of the phone conversations I had.  Whether or not that holds up in a legal sense is a different story.  The person I talked to said it would be fine as long as I send the notice in somewhere before the cancellation period ends even though the fax machine to the office where they handle contract cancellations somehow went down.  Again, whether or not that's true or holds up in a legal manner is a different story.


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## teepeeca (Aug 27, 2007)

I think that if you check with the "state" law, covering timeshare recission, it will state that the cancellation letter must be "postmarked" by the recession date, NOT when they receive it.

I would "highly" suggest that you sen the recission letter, by USPS certified mail, return receipt requested, tomorrow (providing you are still within the recission period).

The timeshare company can say "all they want" regarding the recission,  i.e., you "must fax" it, etc., BUT, state law prevails.

Tony


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## Timeshare Von (Aug 27, 2007)

Tony,

Excellent point.  I had just written the OP with that same info.

Additionally it should be pointed out that some states provide additional protection for their residents, regardless of where the resort involved is.  I have had disclosure documents that have stated three different policies . . . one for the state where the sales office is . . . one for the state where the resort is . . . and a third for the state where I reside.  In such a case, the most liberal (longest) rescinding period applies.


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## TSuser (Aug 27, 2007)

Thanks for all your help guys,

I also looked through the Time share Laws of my state and it says:

YOUR NOTICE OF CANCELLATION MAY

ALSO BE SENT BY FACSIMILE TO (FACSIMILE NUMBER OF THE ASSOCIATION OR

MANAGING ENTITY) OR BY HAND-DELIVERY.


So it seems like faxing the notice of cancellation to their headquarters is legal as long as it reaches their "association" within the cancellation period.


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## UWSurfer (Aug 27, 2007)

You might still try the main fax number a few more times prior to the end of the recission period.  With Monday a business day they might clear the jam, add paper or "fix" whatever has it not receiving faxes right now.

This in addition to the other methods or numbers you were furnished


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## somerville (Aug 27, 2007)

You don't say in what state or country you bought your timeshare.  You quote something about the timeshare laws in your state.  Is this where you bought the timeshare?  The laws of where you purchased control.  The statement "May also" leads me to believe there is another method, i.e. Certified Mail.  If Certified Mail is one option, most states only require it be mailed before the last date to rescind.  I am not surprised their fax machine for rescinding is broken.  Have you tried sending it FedEx or some other overnight delivery service that provides proof of delivery?


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## Dave M (Aug 27, 2007)

Please tell us in what state (assuming the U.S.) the timeshare is located and in what state you were when you made the purchase. Then we can tell you exactly what the recision laws are that are applicable to your purchase. 

As somerville accurately states, the laws of your state likely apply only if the timeshare is located in your state or if you were in your state when you signed the contract.


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## bogey21 (Aug 27, 2007)

Just get the Certified recission letter in the mail.  Time is awasting.  Keep playing with the fax if you like.  If it goes through, maybe you wasted $4.00 on the Certified letter but you saved thousands.  *Mail the letter today*!

GEORGE


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## johnmfaeth (Aug 27, 2007)

All Wyndham purchases have a standard recission information sheet which is near the back of the bundle of stuff they give you. It includes a mailing address. I just helped my neighbor rescind a Bonnet Creek purchase by mail last month. Do the letter just in case and read the docs you have, it's there buried amongst a ton of boring disclosure forms.


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## california-bighorn (Aug 27, 2007)

As strongly suggested above, mail the letter now with all the necessary documentation showing the letter was mailed and proof of receit.
Additionally just to cover my a**, I'd go to a Kinkos or some place like that and atempt another fax. Kinkos will give you a receipt that documents you tried to send the fax.


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## FLYNZ4 (Aug 28, 2007)

TSuser said:


> Thanks for all your help guys,
> 
> I also looked through the Time share Laws of my state and it says:
> 
> ...


I would not be satisfied with sending a FAX even if their machine was working.   There is essentially zero traceablity that they received it... or that they claim blank pages came through (ie: putting them in the fax machine upside down).  Certified mail is the only option that I would count on.

/Jim


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## jlee2070 (Aug 28, 2007)

why don't you send it FedEx Priority One Next Morning and require a signature.  If you don't even have a day, then you may have waited too long...


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## v4albums (Aug 29, 2007)

*I, too, had to rescind a contract*

I, too, had to rescind a contract that I signed on 8/21 (Tue.) w/Wyndham during my trip to Wisconsin.  I made up my mind to cancel on 8/25 (Sat.), and on the same day I sent out my handwritten letter (had no access to computer on that day) via certified mail w/return receipt to both the Las Vegas PO box address shown on the contract and the Orlando address (Corporate?).  Then on 8/27 I faxed the cancellation letters to the two fax numbers I found on the web site (one to Owner Relations and the other to Financial Services). 

My letter is really simple.  It only contains my name, address, phone number, date, the contract number (with brief description of the number of points and location) that I wanted to cancel, and my signature.  It that sufficient?  Do I need to call to follow up?  Would I get a written confirmation?  How soon could I expect the deposit (paid by credit card) to be refunded?

Any input is greatly appreciated!


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## Dave M (Aug 29, 2007)

v4albums -

You did all you needed to and more.

Wisconsin law allows cancellation of timeshare purchases within 5 business days of the purchase. Thus, you had until August 28 to cancel and you easily met that deadline.

Wisconsin law allows two methods for canceling - personally delivering the notice or sending via the mail. You met that test by sending your notice by mail on the 25th. Sending it certified mail was a great idea, because that gives you your proof. 

All of the other communications reinforced your cancellation, but they have no legal status in Wisconsin.

The resort has 20 days after receiving your cancellation letter to refund your money. Thus, if you haven't heard anything about your refund by about September 19, call and ask.

As an additional note, those who recommend means of canceling other than as provided by the laws of the particular state run the risk of inappropriately endangering the validity of the purchaser's cancellation.


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## v4albums (Sep 5, 2007)

*Yes, I have received the return receipts....*

Dave M.---Thank you for the information.

I have received the return receipts from both the Las Vegas and the Orlando addresses.  However, I haven't seen any refund to my credit card yet, but I'll wait till Sept. 19th as you said.  However, my husband got a phone call looking for me from Wyndham last week.  The person called didn't leave a phone number.  She only said someone else would call me next week to discuss "my concern".  That worries me.  I don't have a concern --- I simply made a decision to cancel and no discussion is necessary.  Do you think they would try to talk me out of it?    Should I try to find out who called exactly?  And if nothing happen by Sept. 19th, whom should I contact exactly?


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## johnmfaeth (Sep 5, 2007)

They call you to try to talk you out of it, just be firm and keep repeating "No I don't want it" and they give up fairly quickly. Anything else you say will prolong the conversation.

It can take up to 30 days to get your deposit credited.

Now that the recission period is over, they may not even try to speak with you again, you may have lucked out,


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## Timeshare Von (Sep 5, 2007)

Unlike the TS presentation itself, their call is very simple to terminate.  You tell them "We don't want to own" and "Good-bye" . . . and hang up . . . end of it.


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## v4albums (Sep 11, 2007)

*I am glad I got my return receipts....*

Oh, I got my phone call from Wyndham today.  I thought it would be a phone call trying to get me change my mind.  But no....the person on the phone specifically asked me if I got my return receipt, the tracking number, and the dates, etc.  Obviously they got the cancellation letter, and I am sure it was post-marked on the envelope.  It got me thinking...If I did not have the return receipt to back me up, they would have said that they never got the letter or they got the letter way too late???

It still bothered me that she referred my cancellation as a "request".  She said it would have to be approved first, and then it would take another 6-8 week for processing.  Does it sound right?  Do they have to refund the deposit within a certain time frame by written law?

All in all, I am glad I sent two letters (one to Las Vegas and one to Orlando) via certified mail with return receipt.  Or I'll be dealing with a major issue right now...


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## Dave M (Sep 11, 2007)

v4albums said:


> Do they have to refund the deposit within a certain time frame by written law?


Yes, although it's not clear to me whether your contract cancellation is subject to Wisconsin law or the law of the state where the resort is that you bought. I can't discern what that state is from your posts.

If Wisconsin law applies, they must refund your money within 20 days of receiving your cancellation letter. Your return receipt shows when they received it. The applicable Wisconsin law is in Section 747.6 at this link.

If your timeshare is located elsewhere, please tell us. We can tell you what refund policy applies in that state.

Assuming Wisconsin, if I were you, I would call them and say "I'm reading from Wisconsin law which says you must refund my money within 20 days after receiving my cancellation notice, which was on August XX, 2007. I want to be sure you'll be complying with the law. According to my calculation, you have only X more days to issue my refund."


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## v4albums (Sep 11, 2007)

*It was purchased in WI*

Hi Dave M,

The timeshare I purchased was Inn at the Glacier Canyon in WI while I was staying there.  So the cancellation would subject to the WI law, right?


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## Dave M (Sep 11, 2007)

Yes, it should be.


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## v4albums (Oct 1, 2007)

*Update on my cancellation....*

Just want to write a brief update on my cancellation.....

I called the person who supposedly handled my cancellation back and left a message stating that I found out I was entitled to a refund within 20 days according to Wisconsin law.  It was actually a very friendly message, but she never called me back.  I ended up calling my credit card company and put a dispute on the charge.  Fast forward....I just found out that Wyndham had refunded my deposit to my credit card on 9/18...which is about 20 days after they received my letter.  

Thank you for all your help!


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