# [merged] Need help with letter of rescind for timeshare



## groovey

Ok everything was going great in Vegas until my gf dragged me into one these dam pitch sessions to buy a time share from Westgate Resorts 

Ok so I know I have 5 calender days to get out,but what has to said and described in the letter?

This is what the provision states for cancellation

  NRS 119A.410  Right to cancel contract of sale.

      1.  The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.

      2.  The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.

      3.  The notice of cancellation may be delivered personally to the developer or sent by certified mail, return receipt requested, to the business address of the developer.

      4.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.

      (Added to NRS by 1983, 982; A 1985, 1141; 1987, 894; 2003, 984; 2007, 1549) 


Does the property have to described?

And sample letter would be a great help even one that you fill in the blanks.


Also there are two address's 

One states 

when recorded mail tax statements to

Planet Hollywood Towers by Westgate Condominum
Owners Association Inc a 
Nevada nonprofit corporation
80 East Harmon Avenue
Las Vegas Nevada 89109


Return Original to
Equity Land Title LLC
Timeshare Division
9440 West Sahara Ave #235
Las Vegas Nevada 89117


----------



## Dave M

The letter need not be complex or detailed. Simply state that "I [or "we"] hereby cancel the Planet Hollywood purchase I made on May XX, 2009. Please promptly refund my deposit in accordance with Nevada law." Each of you, if you were both signers to the contract, must sign the letter. Then send it certified mail (*not* registered mail or overnight via Fed Ex or another carrier), as instructed.

I'm not sure of the address. But it should definitely go to the developer, not to the closing company (Equity Land Title). There should be a section near the end of the _contract_ (*not* the closing instructions) that specifies something like "All correspondence pertaining to this agreement should be addressed to...." If you aren't sure, call the sales office and ask. 

You can also fax a copy of the recision, but be sure to send the original via certified mail.

Also, for purposes of maintaining good relationships with your GF, don't blame her. I'm guessing it was you who signed the contract to make the purchase.


----------



## groovey

Thanks one last question. I know I need keep a copy of the letter that is being do I make a copy of the contract? Ok to I keep the original? 

Also I also read somewhere where they charge like 50.00 for the leather briefcase with all the paperwork that was given to us.

How do I send that back?


----------



## Dave M

You don't need to send the contract back. In fact, you shouldn't. As for the briefcase, you should call and ask.


----------



## 1950bing

keep it, you sat through it.


----------



## Ernie

1950bing said:


> keep it, you sat through it.



Thats right Keep it. I believe on the back of the first page it states that they can charge you for any tickets you may have received or free dinners and so on, but a small price to pay if you can get out of the timeshare.


----------



## AwayWeGo

*That Is Semi-Odd.*




Ernie said:


> I believe on the back of the first page it states that they can charge you for any tickets you may have received or free dinners and so on, but a small price to pay if you can get out of the timeshare.


So if I show up for the tour & I get the old hard sell & I say _No Thanks,_ then I get to keep the tickets & free dinners & so on. 

But if I say OK & I sign on the line & later I rescind, then I've got to give all that stuff back. 

Makes no sense whatever. 

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


----------



## ScoopKona

AwayWeGo said:


> So if I show up for the tour & I get the old hard sell & I say _No Thanks,_ then I get to keep the tickets & free dinners & so on.
> 
> But if I say OK & I sign on the line & later I rescind, then I've got to give all that stuff back.
> 
> Makes no sense whatever.



And probably not legal either. I'm sure this clause could invalidate the whole contract. Be that as it may, it's probably there to keep the rescission rates low. 

My question would be, "How badly do you want to get out of this contract?" If sending the gifts back improve the chances of getting out of the contract, by all means.


Nothing a timeshare company "gives" you is worth the aggravation. I wouldn't attend a timeshare presentation for a stack of hundred-dollar bills. When we go on vacation, _we go on vacation._ A timeshare presentation can combine all the worst aspects of buying a used car, _and an IRS audit._ I don't care if they were handing out Ferraris. The answer is, "No thanks."


----------



## groovey

I just sent the letter today telling them to stick it!!

I am waiting for confirmation that the rescission letter was received,then I start asking why there was no paper work that stated that I was able to rescind the contract and how I was suppose to go about it. 

I believe that if *half *of what they where selling about owning was true then owning a timeshare is a great vehicle to travel around the world.


I will do my due diligence next time.

It has definitely left a very bad taste in my mouth. 


And the only reason I knew about the "cooling" off period was the fact I did spent time in sales and knew about buyer's remorse.

Here the things that pissed me off.

1 No paper explaining or telling me I was able to get out of it.
2 Telling me the seller has rights too when I got back home and telling me  the "board" would have to get back to me on the decision about giving me a refund.
3 Wasting 5 hrs my last day in Vegas.


----------



## Dave M

groovey said:


> ...then I start asking why there was no paper work that stated that I was able to rescind the contract and how I was suppose to go about it.


First, why bother? You'll get your money back and you should move on rather than waste your time.

Second, you'll find the option to rescind within five days in the contract you signed, not in any other paperwork you might have received. Others who have bought at Planet Hollywood have quoted the recision language from the contract, which is not a quote of state law as you included in your first post. You should normally find the brief language somewhere near the end of the contract - somewhere on the last several pages. I can assure you it's there. If it were not, they would get fined big time by the state of Nevada for violating state law, since the statement is required to be included in every contract.


----------



## ecwinch

groovey said:


> It has definitely left a very bad taste in my mouth.
> 
> 
> And the only reason I knew about the "cooling" off period was the fact I did spent time in sales and knew about buyer's remorse.
> 
> Here the things that pissed me off.
> 
> 1 No paper explaining or telling me I was able to get out of it.
> *2 Telling me the seller has rights too when I got back home and telling me  the "board" would have to get back to me on the decision about giving me a refund.*
> 3 Wasting 5 hrs my last day in Vegas.



Is #2 something they told you when you rescinded?


----------



## theo

*Live and learn and move on...*



groovey said:


> And the only reason I knew about the "cooling" off period was the fact I did spent time in sales and knew about buyer's remorse.
> 
> Here the things that pissed me off.
> 
> 1 No paper explaining or telling me I was able to get out of it.
> 2 Telling me the seller has rights too when I got back home and telling me  the "board" would have to get back to me on the decision about giving me a refund.
> 3 Wasting 5 hrs my last day in Vegas.



Well, you've initiated cancellation and that's the important thing.
Be grateful that you did so in time...

If you look more closely, you might actually find cancellation provisions and instructions tucked in somewhere toward the end of the contract document. As far as I know, it's a legal requirement that the cancellation information be overtly provided to you.  In any case, rescission within a defined time period is a legal right provided to you by law --- it's not an act of "voluntary benevolence" on the part of the developer. It matters not one bit what words a sales weasel may have proferred on the matter...  

Don't get too worked up about what a sales weasel may have "told" you. 
Empty, untrue words are common from the moouths of sales weasels. 
You may well have wasted the 5 hours, but with all due respect you *chose* to do so. I'd suggest just letting it go as a valuable "life lesson" once your cancellation and refund is processed.


----------



## timeos2

groovey said:


> I just sent the letter today telling them to stick it!!
> 
> I am waiting for confirmation that the rescission letter was received,then I start asking why there was no paper work that stated that I was able to rescind the contract and how I was suppose to go about it.
> 
> I believe that if *half *of what they where selling about owning was true then owning a timeshare is a great vehicle to travel around the world.



You made the best decision possible after a bad spur of the moment one (buying any retail priced timeshare but multiply that error by 1000 percent when you are talking any Westgate purchase) to rescind on a big error in judgment.

Realize now that nothing you can say/do to the seller will change anything - water off a ducks' back as they hear it everyday probably 100's of times. All they care about is getting the sale and getting it past the rescind period. What happened before or after that magic moment they couldn't care less. 

But don't stop there. Now you've seen the great potential of timeshare so do your homework and buy a resale (I'd STILL avoid anything that has Westgate in it's heritage) that will give you much better value for the dollar spent and you get everything promised as far as benefits - maybe more - without the unrecoverable and unbelievably expensive upfront purchase price. Buying resale is the only way to make timeshare a value proposition.  

Then, if you are so inclined, continue to hang around the TUG boards and be a voice to warn others about the nightmare that is Westgate.  They stand alone as THE worst timeshare organization in an already shady business from my experience and it is a public service to try to help others see the problems before they too get suckered into an ownership with that group.  THAT, unlike wasted time trying to get Westgate management to change their underhanded ways, may actually make a difference. 

Congratulations on seeing the light in time and saving yourself a long and financially draining experience had you not rescinded this ill-advised purchase.


----------



## keninny

I found the cancellation requirements clearly spelled out in my contract.  Had to actually read it to find them, but they were there.  Including the note that they would charge (deduct from any refund) $50 if the Interval catalog and any DVD's were not returned.  Prices for any gifts received as a result of the contract were also listed.  Just had to read more.


----------



## groovey

*I resinded the contract but only received partial refund what gives?*

I was refunded 80 dollars less then my down payment.

I know the breakfast was going to be deducted from my deposit that was 30 what are these dirt bags deducting the other 50 for?


----------



## Jennie

Well, what do they _*say*_ it was for? Is this a timeshare in the U.S.? Which state? Some states are more consumer-friendly than others. 

Why would you assume that you even owe $30. for a breakfast. If it was part of the sales presentation, or an incentive for attending, it shouldn't be on your dime. 

Depending upon the rest of your story, it seems that you should be able to dispute the extra charges with your credit card company if it's not more than 60 days since the charge was made. Otherwise you may have to file a complaint with the government agency that has jurisdiction over timeshare sales in that state.

One timeshare company, in Branson I think, got into a lot of trouble for telling people that they couldn't rescind at all because they had used free dinner coupons that were given as part of the "welcome package" they received when the sales contract was signed. The court set them straight on that nonsense big time.


----------



## theo

*Just maybe...*



groovey said:


> I was refunded 80 dollars less then my down payment.
> 
> I know the breakfast was going to be deducted from my deposit that was 30 what are these dirt bags deducting the other 50 for?



With only limited facts or details provided, I'll just speculate a bit...

Did the sales weasel(s) issue to you any sort of "new owner package" of materials which you subsequently failed to later return? If so, they may very well have the lawful right to now charge you for keeping those unreturned items, intended for retention only by a new actual owner (...which you are not, after rescinding --- a *good* thing).


----------



## keninny

I don't know what resort you are complaining about but I can tell you that Westgate clearly spells out any charges to be paid in the event of contract cancellation.  Its written in the small print of the contract, but it is there, you just have to read it.  $15 per adult for the 'owners breakfast' if you attend, $50 for the II directory, and reskort DVD if they are not returned.

About a week after cancellation, they send out a statement listing the charges, and give you another opportunity to return the directory if you haven't already done so.


----------



## groovey

theo said:


> With only limited facts or details provided, I'll just speculate a bit...
> 
> Did the sales weasel(s) issue to you any sort of "new owner package" of materials which you subsequently failed to later return? If so, they may very well have the lawful right to now charge you for keeping those unreturned items, intended for retention only by a new actual owner (...which you are not, after rescinding --- a *good* thing).




You nailed it right on the head, they claim that they *never* received the brief case, thank God I did send it via signature confirmation now I have to resubmit proof this time its going to *be faxed* then just to make sure I am going to hit the report button on the fax to make sure they received the fax as well, what a bunch of weasels!!


----------



## groovey

:whoopie: 

The nightmare has finally ended, it only took only 4 wks!  35 dollars in postage fees  and three faxes later to get 270 of our 300 dollars back. 

The very first charge when they took our initial deposit read under Plant Hollywood 
Miscellaneous charges Headstones, Fireworks,but was credited back as Westgate resorts

They credited the credit card back the 220.00 of the 300, but sent a 50.00 ck back for the members briefcase.

A lesson in life well learn.

Thanks again for everyone's help.


Ron


----------



## Vegasorbust!

*I just bought on Thursday...*

Bought a 2 bedroom biannual for $30,000.00 at 0% interest.  I was excited until I started doing some research and found this board...should I be recinding?  If so, do I only have until Tuesday?  HELP!


----------



## DeniseM

Vegasorbust! said:


> Bought a 2 bedroom biannual for $30,000.00 at 0% interest.  I was excited until I started doing some research and found this board...should I be recinding?  If so, do I only have until Tuesday?  HELP!



*Yes - If you bought from the developer, you should absolutely be rescinding. * If you look in your purchase papers there should be explicit directions which you must follow exactly (including mailing method.)  They should include the recission period, as well.

Then you can take your time, research the resale market, and make the best decision for you, with no pressure. - You will save thousands of dollars and you can buy something that you won't have to finance!


----------



## Laurie

YES - spend no more time deciding whether to rescind. 

Instead, figure out immediately how to rescind correctly, to the letter of the instructions - and do it at the earliest possible moment. 

Keep in mind that most post offices close by 5 - but these days, some are closing earlier.

Signing a contract for a developer timeshare was one of the worst decisions we ever made. Deciding to rescind was one of the best decisions. That was 12 years ago, and we never looked back. We've been happily timesharing ever since, multiple weeks per year, at pennies on the dollar compared to developer prices.


----------



## Vegasorbust!

I looked through all the paperwork but for the life of me cannot find the part that tells me what to do to rescind!!! where should this be???


----------



## DeniseM

Sometimes that is "accidentally" left out - it might be in the small print on another form.  

Where did you buy?

Here is more info. about rescinding - it was written for Starwood Buyers, but besides the Co., everything applies to you:  Rescinding FAQ

Note that if you call for info. they are likely to, well, _lie to you_.  They may tell you that you can't rescind, or tell you that they don't know the process for it.  They will try to stall you until it is too late - don't fall for that!

Even if the info. is missing from your packet, you can use the procedure in the thread above, find their mailing address in your purchase papers, and mail them a recission with a *return receipt*, *TODA*Y.  I'd also send a FAX as a backup, if you can.


----------



## Vegasorbust!

DeniseM said:


> Sometimes that is "accidentally" left out - it might be in the small print on another form.
> 
> Where did you buy?
> 
> Here is more info. about rescinding - it was written for Starwood Buyers, but besides the Co., everything applies to you:  Rescinding FAQ
> 
> Note that if you call for info. they are likely to, well, _lie to you_.  They may tell you that you can't rescind, or tell you that they don't know the process for it.  They will try to stall you until it is too late - don't fall for that!
> 
> Even if the info. is missing from your packet, you can use the procedure in the thread above, find their mailing address in your purchase papers, and mail them a recission with a *return receipt*, *TODA*Y.  I'd also send a FAX as a backup, if you can.



I bought at Planet Hollywood Westgate in Las Vegas.  I bought on Thurs the 15th.  I looked through all my materials and cannot for the life of me find ANYTHING about rescinding!!! Do i send the letter to where i would send payments? or somewhere else...they have alot of addresses  Thanks in advance for everyones help!


----------



## DeniseM

Ah ha - Westgate is KNOWN for accidentally leaving out critical info...

I doubt if it's the address where you send payments - that will be a finance company.  I would send it to the address of their main corporate office and the sales office, just to be sure.  Is their an address on your main contract page?


----------



## Vegasorbust!

No, all the papers state WESTGATE on the top.  The settlement documents have their property location 

Planet Hollywood Towers by Westgate
80 East Harmon Ave.
Las Vegas, NV 89109

and the place of settlement address

Equity Land Title LLC
9440 West Sahara Ave. #235
Las Vegas, NV 89117

The only other address I can find is the place to send tax statements which is the same as the main hotel address.


----------



## Ernie

Here's what it says on my contract.... Hope this helps.

YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY CANCELLATION FEE OR OTHER PENALTY BY HAND DELIVERING OR SENDING BY CERIFIED MAIL WRITTEN NOTICE OR CANCELLATION TO: WESTGATE PLANET HOLLYWOOD LAS VEGAS, LLC, 2801 OLD WINTER GARDEN ROAD, OCOEE, FLORIDA 34761. THE NOTICE MUST BE DELIVERED OR POSTMARKED BY MIDNIGHT OF THE FIFTH CALENDAR DAYS, THE DAY ON WHICH THE CONTRACT IS SIGNED AND LEGAL HOLIDAYS ARE NOT INCLUDED.


----------



## DeniseM

I would go with the address above, and if you have the business card of your sales person I'd also send a copy to the address and FAX number on the card - make sure you send everything return receipt.


----------



## Vegasorbust!

Ernie said:


> Here's what it says on my contract.... Hope this helps.
> 
> YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY CANCELLATION FEE OR OTHER PENALTY BY HAND DELIVERING OR SENDING BY CERIFIED MAIL WRITTEN NOTICE OR CANCELLATION TO: WESTGATE PLANET HOLLYWOOD LAS VEGAS, LLC, 2801 OLD WINTER GARDEN ROAD, OCOEE, FLORIDA 34761. THE NOTICE MUST BE DELIVERED OR POSTMARKED BY MIDNIGHT OF THE FIFTH CALENDAR DAYS, THE DAY ON WHICH THE CONTRACT IS SIGNED AND LEGAL HOLIDAYS ARE NOT INCLUDED.



thanks!  I'll send a copy to that address AND the main hotel address in Vegas...both certified return receipt.  Hopefully that will be good.  What should I send in with my request to cancel my contract?


----------



## DeniseM

Vegasorbust! said:


> thanks!  I'll send a copy to that address AND the main hotel address in Vegas...both certified return receipt.  Hopefully that will be good.  What should I send in with my request to cancel my contract?



Did you look at the link I posted above?  That info. is in the FAQ.


----------



## mamapelto

*Thanks for the help!*

I know this is quite an old thread, but I want to thank you as it helped me as I am beginning the cancellation process this evening.
I have a question though...We purchased a sampler package of 15000 points and we signed on as owners at our first meeting of our first use. When we signed, they were going to convert our remaining 9600 points to "owner points" and cancel the amount we had left owing. I'm wondering what will happen now when we cancel...will we get our 9600 points back as "sampler" and continue to make payments on our sampler pkg? Has anyone had this scenario?
Thanks!


----------



## Ty1on

mamapelto said:


> I know this is quite an old thread, but I want to thank you as it helped me as I am beginning the cancellation process this evening.
> I have a question though...We purchased a sampler package of 15000 points and we signed on as owners at our first meeting of our first use. When we signed, they were going to convert our remaining 9600 points to "owner points" and cancel the amount we had left owing. I'm wondering what will happen now when we cancel...will we get our 9600 points back as "sampler" and continue to make payments on our sampler pkg? Has anyone had this scenario?
> Thanks!





How much have you saved?


----------



## mamapelto

Ty1on said:


> How much have you saved?



Not sure what you mean...Are you asking how much will we save by cancelling?


----------



## Passepartout

It would be hard to help you if we don't know what you bought. If you bought a travel package of some unknown 'points', their only value is in their use. If you have bought some sort of timeshare, and are trying to trade-in another ownership, good chance you can rescind and set things back to before you entered into the most recent transaction (assuming it's within the last few days- there are time limits on rescission).

You dredged up a 6 year-old thread and haven't said anything useful. So name names and share dates.

Jim


----------



## mamapelto

About 6 months ago we purchased a "sampler Package" of 15000 points from DRI for $2495 and have been making low monthly payments on it.
We used 5400 points to stay at Mystic Dunes for 8 nights but were required to go to another presentation. At this presentation they convinced us to purchase 7500 points for approx $25000. They said they would convert our remaining 9600  "sampler" points to "owner" points plus they were not going to require us to pay the remaining owing on our sampler package. They also gave us a holiday pkg to use in the next year or so or we could just take it as another "one time" 7500 points. 
We have decided to rescind on the latest agreement for a few reasons. One of those reasons is we were told that owner points were worth a lot more than sampler points, so 7500 would go further and we would get more weeks than I would expect after searching with just sampler points for the last few months. When I got home I was able to find a pdf version of the DRI points book and found that to be untrue. 
My question is...has anyone rescinded after being part way through a sampler package? Will we get our 9600 sampler points back if we continue to pay for it? Also, if we use our sampler points for another trip, I'm sure we will be required to attend another presentation...how much more intense will meeting number 3 be? Will we make it out with alive? hahaha


----------



## mamapelto

Passepartout said:


> It would be hard to help you if we don't know what you bought. If you bought a travel package of some unknown 'points', their only value is in their use. If you have bought some sort of timeshare, and are trying to trade-in another ownership, good chance you can rescind and set things back to before you entered into the most recent transaction (assuming it's within the last few days- there are time limits on rescission).
> 
> You dredged up a 6 year-old thread and haven't said anything useful. So name names and share dates.
> 
> Jim



I wasn't actually asking how much we would save by rescinding(because I already know that! haha)...I was asking the poster above you to clarify. They had asked how much we saved and I wasn't understanding what he was asking...
Sorry for the confusion. I'm brand new to this type of chatting


----------



## Karen G

mamapelto said:


> Sorry for the confusion. I'm brand new to this type of chatting


No problem. It sounds like you have two separate agreements/contracts and just want to cancel the most recent one.

I would think you'd still keep whatever you bought with the first contract. Time is of the essence with your recent purchase so be sure to send your letter of rescission within the rescission period. Follow the instructions in your contract exactly and be sure to send your letter by certified mail so that you'll have proof that you rescinded in time.


----------



## Karen G

mamapelto said:


> Also, if we use our sampler points for another trip, I'm sure we will be required to attend another presentation...how much more intense will meeting number 3 be? Will we make it out with alive? hahaha



If a timeshare presentation is required with the use of the sampler points, then you'll probably have to go again.  Just keep saying no and don't ask any questions as that will stretch out the presentation even more.


----------



## mamapelto

Karen G said:


> No problem. It sounds like you have two separate agreements/contracts and just want to cancel the most recent one.
> 
> I would think you'd still keep whatever you bought with the first contract. Time is of the essence with your recent purchase so be sure to send your letter of rescission within the rescission period. Follow the instructions in your contract exactly and be sure to send your letter by certified mail so that you'll have proof that you rescinded in time.



Thank you. I am still within my 10 day cancellation period. We signed on the 18th.


----------



## mamapelto

Karen G said:


> If a timeshare presentation is required with the use of the sampler points, then you'll probably have to go again.  Just keep saying no and don't ask any questions as that will stretch out the presentation even more.



Thanks for the advice!! Another reason we are rescinding our latest contract is because we thought it would end all future presentations...another thing we found out to be untrue! We now know they will never quit trying to upsell us! 
I'm glad I don't have to make a living that way!


----------



## Concerned consumer

Does anyone have the current directions on how to submit the recission paperwork to Diamond resorts International


----------



## Passepartout

Concerned consumer said:


> Does anyone have the current directions on how to submit the recission paperwork to Diamond resorts International


Those instructions are required by law to be in your contract. They won't be obvious though. Look around the signature page or where you had to place a lot of initials. It really will be there somewhere. You also got good information and a sample letter, from Rob (taterhead) in another thread you posted to. Absent that, send the letter to the corporate offices via USPS Certified w/return receipt at: 
Diamond Resorts™
10600 W. Charleston Blvd.
Las Vegas, NV 89135 
I would write 'Rescission' on the outside of the letter so that it goes to the right department. They won't mess with this. It's a law, and not some courtesy they allow. Today is Friday, so get it in the mail today and hang on to the postal receipt.

Jim


----------

