# Need help rescinding contract.



## Marshal Polsdofer (Feb 18, 2017)

(the actual question at the bottom)I bought in to the Westgate vacation villas. I have about 5 days left to rescind my contract but want to know if I should. We bought a single bed room for $9000 floating week on odd years. However we technically we have week 25 (the week before the 4 of July). MF and tax $800. We have unlimited getaway weeks at the cost of $45-$499, discount on cruises, can trade are week to another resort for $150-175.  We also have travel partners (referral system to make money $45 for sitting thought presentation and $600 for buyers). 
If I got rid of it would I loose travel partners?
Looking at the total to use it every 2 years would cost $1400 over 30 years. I feel I can get the same for less from a hotel/resorts/ private renter and not have to worry about the bills. Let alone I am only there for a week. Most of the time I stay at $45 a night place

If I rescind I do not want to loose travel but looks like I will?
Do I type or hand write the letter? The instructions just say written letter.
Any one have a template or what to say on the letter?

Thank You


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## theo (Feb 18, 2017)

Marshal Polsdofer said:


> I bought in to the Westgate vacation villas. I have about 5 days left to rescind my contract but want to know if I should. .....Do I type or hand write the letter? The instructions just say written letter. Any one have a template or what to say on the letter?



ABSOLUTELY rescind. For more reasons that I care to type out, you simply don't want to have *ANYTHING* to do with slimy Westgate.

It doesn't matter whether you type or write the rescission letter by hand. You don't need a template. All you really need to say is "I hereby exercise my legal right under Florida law to cancel this contract" (include identification of the purchase and the date on which you executed contract). Include a *photocopy* of the contract (save the original) and sign the letter. Done. You do *not* need to offer any reason or story or any further explanation whatsoever; you are simply exercising a right which is provided by law. Anyone else who may have signed the contract should also sign the rescission letter. Send the rescission letter by certified mail and save your USPS hand stamped, dated receipt. What matters here is the *postmark date* of your rescission letter, not the date when your letter is received later. Under FL law, you have 10 days from contract execution to rescind. Every day (including weekend days) counts. Tick tock.

Don't give any further thought to the imaginary "benefits" that you may *think* you could be "giving up". Those "benefits" have little or no real value; it's all just Westgate marketing smoke and mirrors. There are many better (and cheaper) travel and timeshare options available. Rescind now, research later.

Cancel this Westgate contract while you still can --- or you will forever regret not doing so. Period, amen.

P.S. Do *not* answer the phone when they attempt to call you later in a desperate effort to try to salvage the sale. Just let the law work for you. You'll get 100% of your deposit back, although that part could (but likely won't) take up to 45 days. Get writing. Don't delay.


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## LannyPC (Feb 18, 2017)

This article might help:

http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html


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## LannyPC (Feb 18, 2017)

Marshal Polsdofer said:


> We have unlimited getaway weeks at the cost of $45-$499, discount on cruises, can trade are week to another resort for $150-175.  We also have travel partners (referral system to make money $45 for sitting thought presentation and $600 for buyers).
> If I got rid of it would I loose travel partners?
> 
> If I rescind I do not want to loose travel but looks like I will?



Whatever perks they offered you are barely worth the paper they're written on.  Compare that to the $9000 you would have paid plus the yearly MFs and, believe me, you won't miss any of those perks.

BTW, just out of curiosity (if you care to share that gut-wrenching experience), what did they offer you to sit through that presentation?  And how long into the presentation was it (I'm guessing more than 90 minutes) that you finally caved in and agreed to purchase?


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## rickandcindy23 (Feb 18, 2017)

Since many people on this site call Westgate Wastegate, I think it's wise to rescind.  There is not a Westgate unit worth $1 resale.  I would never buy Westgate, even for $1.  I know what you saw was great, even awesome, but just look at some of the older properties, and it's a no-brainer to buy something much better.  Westgate has some trashy-looking properties.  Look at the one around the corner from Westgate Lakes, on the south side of Westgate Lakes.  It's a dump now.  That says volumes about the company. 

For the money you were paying, you can buy a great Hilton points package resale.  Sellingtimeshares.net is Seth Nock's site, and he and the other brokers are amazing at finding you a great deal on a Hilton package.  Hilton has top-rated resorts in Orlando, Vegas, NYC, and Hawaii.  You were spending the money on timeshare, having been sold on the concept.  Go for the Hilton points, that's my advice.


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## vacationhopeful (Feb 18, 2017)

Put this into perspective:
$9,000 buy in @ 3% simple earned interest is $270. Times 2 as you would own only a EVEN or ODD year usage. That is $540 you could put into your bank account call "My every other year vacation housing fund".

As you stated an $800 MF fees ... not clear if that was a yearly fee (and will first assume yearly). That is $1600 cost plus the $540 in foregone interest.

Now that means 1 week (7 night stay) every other year would "cost" you $2140 per week or about $305 nightly. And you think this is a GOOD DEAL? Esp as these management costs go UP every year.

As for the associated management company .. Westgate .... I would not let anyone other than my worst enemy buy into a resort owned & managed by them ... but just my very personal opinion.


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## dioxide45 (Feb 18, 2017)

Also, if they gave you anything as a result of the purchase, like a binder, CDs, DVDs or other promotional details, be sure to send that back also. Preferably through Media Mail and reference in your rescission letter than you are returning it under separate cover. Do expect if they upgraded your room, gave you vouchers or meals above and beyond what they would have given you had you taken a tour and not bought, that the costs of such items can be withheld from your deposit refund.


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## Marshal Polsdofer (Feb 18, 2017)

The one problem we have is the we are still at the hotel. We are still deciding is we want to stay another night and leave Monday instead of tomorrow.  I recall at are cheap hotel (the one westgate like to remind you off) had a computer and printer in the office, not sure if it works. Hell even are room had a computer but we have the laptop here. So still do not have a copier and possibly a computer. If we cant get it done here (do not know about if I can use the library computers here) then we have to do it at home witch is 2 days of driving leaving us with a few days.


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## dioxide45 (Feb 18, 2017)

If you could find a Fedex Store (fka Kinkos) you could perhaps type something up there and print it out. Whatever you do, don't go back to the sales gallery and try to cancel. The only legally recognized rescission will be what you mail in. They may tell you that they accept your verbal cancellation, but I wouldn't count on it.


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## vacationhopeful (Feb 18, 2017)

Hand write the rescind letter and make several copies. Block printing is allowed.

Computers have made us all lazy.


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## theo (Feb 18, 2017)

Marshal Polsdofer said:


> The one problem we have is the we are still at the hotel. We are still deciding is we want to stay another night and leave Monday instead of tomorrow.  I recall at are cheap hotel (the one westgate like to remind you off) had a computer and printer in the office, not sure if it works. Hell even are room had a computer but we have the laptop here. So still do not have a copier and possibly a computer. If we cant get it done here (do not know about if I can use the library computers here) then we have to do it at home witch is 2 days of driving leaving us with a few days.



Do whatever it takes to get it all done, however inconvenient that may be, but do *not* miss the FL 10 days deadline to obtain a certified mail date stamped USPS receipt for a mailed rescission letter. Once it closes, that rescission door is locked and cannot be reopened. Remember that every day (including weekend days) counts here. Only a very few states allow a rescission period that is as long as 10 days, so you are *already* very lucky. A few states allow only 3 days to cancel, most allow 5-7 days. Only FL, TN and a very few others provide a time period as long as 10 days to cancel.

It has just occurred to me that Monday is Presidents' Day (a Federal holiday; all post offices will be *closed*), so your next opportunity to send USPS certified mail and get a date stamped receipt from a USPS counter now won't actually be until Tuesday. I hope that is still within your 10 days to rescind.


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## dioxide45 (Feb 18, 2017)

We are assuming that the OP bought in Florida. It is possible that they bought Westgate Vacation Villas outside of Florida and thus the rescission period could be as short as 5 days if they bought in Las Vegas.


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## vacationhopeful (Feb 18, 2017)

Google "US Post Offices" for window service hours. 

In my area, there are still some post offices (within a 45-90 minute drive each way). Call the post office to make SURE they have not modified the window hours. Saturday HOURS might be possible. Sunday opened offices are really few and far now a days. Holidays, I believe, follow the Sunday hours operating times.

Only USPS service posted times on receipts are legal ... other services like Fed Ex is 'signed for delivery' receipt.


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## theo (Feb 18, 2017)

dioxide45 said:


> We are assuming that the OP bought in Florida. It is possible that they bought Westgate Vacation Villas outside of Florida and thus the rescission period could be as short as 5 days if they bought in Las Vegas.



Excellent point! I did not consider (or even know, quite frankly) that there is another Westgate Vacation Villas *outside* of Florida.


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## dioxide45 (Feb 18, 2017)

theo said:


> Excellent point! I did not consider (or even know, quite frankly) that there is another Westgate Vacation Villas *outside* of Florida.


There may or may not be, but either way, I am sure that Westgate would sell them a property in Florida even if they were touring in another state. The OP did say they had 5 more days, so that would put them at Wednesday at the latest to get their rescission letter out.


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## Marshal Polsdofer (Feb 18, 2017)

I got a bunch of responding to to do. We are in in Kissimmee, FL. Like I said vacation villa that is where it at. It would be Thursday/Friday (depends how you count it) is the last day to post mark. I just rounded the number but we got it on the 14th.
I would like two get it out before we leave for 3 reasons. 1. I get it over with faster. 2. Last time I drove home I got relay sick and end up taking 5 day to drive home to Iowa. 3. I do not want want anyone back home finding out about this. Looks like I will be sending it out on the road.

So there is two vacation villa? I know Westgate has 2 other resorts (lake and something else) near this one. I did notice villas (I) guess they could use another in a different state.


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## Conan (Feb 18, 2017)

Marshal Polsdofer said:


> I do not want want anyone back home finding out about this.



Then you might want to go to your profile page here and change your user name.


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## theo (Feb 19, 2017)

Marshal Polsdofer said:


> So there is two vacation villa? I know Westgate has 2 other resorts (lake and something else) near this one. I did notice villas (I) guess they could use another in a different state.



None of this matters --- don't get distracted by irrelevant side issues.
Your *only* concern should be completion and submission of your rescission, sent by certified U.S. Mail while you are still within the 10 days allowed by FL law. If you snooze, you lose.


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## dioxide45 (Feb 19, 2017)

Conan said:


> Then you might want to go to your profile page here and change your user name.


You can't change it yourself, but instructions on how to do it are here.

http://tugbbs.com/forums/index.php?threads/how-to-change-your-bbs-username.55950/#post-400642


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## dioxide45 (Feb 19, 2017)

Marshal Polsdofer said:


> So there is two vacation villa? I know Westgate has 2 other resorts (lake and something else) near this one. I did notice villas (I) guess they could use another in a different state.


There may or may not be. My point was that Westgate, and many other developers, sell in many states and there is no requirement that you buy at the property that you are taking the presentation. Someone in Nevada can buy a property in Florida, and vice versa.


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## Passepartout (Feb 19, 2017)

Lots of supermarkets (or Staples/Office Depot) have copiers, so you can get the copies you need, and hand write the rescission letter. Send It to the Ocoee FL office, and say that you'll return their promotional materials under separate cover (cheapest way). Or don't. It's your money. But this way, you get to keep it.

Jim


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## TUGBrian (Feb 19, 2017)

congrats on rescinding and saving 9k!


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## theo (Feb 23, 2017)

TUGBrian said:


> congrats on rescinding and saving 9k!



Let's *hope* he got 'er done, as that rescission door is surely closing or already closed and locked by now.

It's gratifying when folks come here back to report on their successful contract cancellations after having been guided on how to do so.
Gotta wonder however, when the guidance provided later yields only "crickets".


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## OleBlue (Aug 24, 2017)




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## OleBlue (Aug 24, 2017)

Hello , I want to say thanks in advance,

Was wondering if anyone could tell me if this is efficient enough recind letter. I am planning on sending out today certified return receipt!!!


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## moonstone (Aug 24, 2017)

That's a bit 'wordy', but will do. You don't need to give them any reason why you are rescinding. They will probably not give you any type of confirmation that they received your letter. That's what the post office receipt is for.  Make sure you follow the mailing instructions to the letter & get a (delivery) receipt. You are very short on time. Any promotional materials (binder, DVD...) can be mailed separately by the cheapest means possible.

Congratulations on finding TUG & saving yourself a bundle! Stick around & learn all you can, then buy resale & enjoy!

~Diane


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## OleBlue (Aug 24, 2017)

Do I need to mail the binder and CD b4 the 10th date as well?


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## OleBlue (Aug 24, 2017)

moonstone said:


> That's a bit 'wordy', but will do. You don't need to give them any reason why you are rescinding. They will probably not give you any type of confirmation that they received your letter. That's what the post office receipt is for.  Make sure you follow the mailing instructions to the letter & get a (delivery) receipt. You are very short on time. Any promotional materials (binder, DVD...) can be mailed separately by the cheapest means possible.
> 
> Congratulations on finding TUG & saving yourself a bundle! Stick around & learn all you can, then buy resale & enjoy!
> 
> ~Diane


Thanks for responding, I did next day certified return signature That's what your talking about right? Also do I need to mail the binder,CD and tablet b4 the 10 days as well?


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## theo (Aug 25, 2017)

OleBlue said:


> Hello , I want to say thanks in advance,
> 
> Was wondering if anyone could tell me if this is efficient enough recind letter. I am planning on sending out today certified return receipt!!!



I can barely read the letter with a magnifying glass, but managed to do so. Frankly, it's unnecessarily "wordy"; I'd shorten it. You don't need to provide *any* reasons. The *law* provides you the right to rescind. I would instead simply state:

"We hereby exercise our legal right under applicable state law to rescind the contract described below":
(provide pertinent contract details here). Make sure the letter is signed by *everyone* who signed the original contract. The End. Send by certified USPS mail.

You've asked for written verification / confirmation, but there is no legal obligation for them to provide you with any such thing. Their one and only legal obligation is to process a timely and properly submitted rescission and issue 100% refund of deposit within 45 days. No more, no less.

Well done. Congratulations.   You really and truly want *nothing* to do with the likes of Westgate. IMnsHO, they are "the worst of the worst" in the industry.


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## theo (Aug 25, 2017)

OleBlue said:


> Thanks for responding, I did next day certified return signature That's what your talking about right? Also do I need to mail the binder,CD and tablet b4 the 10 days as well?



You can state in your rescission letter that all other materials will be returned under separate cover. 
That junk does *not* have to get there within the 10 days rescission period ---  send it by the cheapest shipment means possible.


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## OleBlue (Aug 25, 2017)

Thanks for responding! I mailed the Letter Yesterday next day express Certified return signature. I wasn't sure if you needed a reason or not and was getting near my 10 day mark so I just added in. One last question,  I signed on the 16th and mailed it yesterday next day on the 24th but being that I came it after 3pm it ships out today and expected delivery is the 26th. Am I good does the date go the day mailed or the day received!


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## theo (Aug 25, 2017)

OleBlue said:


> Thanks for responding! I mailed the Letter Yesterday next day express Certified return signature. I wasn't sure if you needed a reason or not and was getting near my 10 day mark so I just added in. One last question,  I signed on the 16th and mailed it yesterday next day on the 24th but being that I came it after 3pm it ships out today and expected delivery is the 26th. Am I good does the date go the day mailed or the day received!



The *only* date that matters is the date of the postmark on your rescission correspondence --- which is exactly why using USPS certified mail is so important.
Delivery date is irrelevant. Signature at receiving end is reassuring, but unnecessary. "Proof" is the USPS counter issued, date stamped, certified mail receipt.


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## LannyPC (Aug 25, 2017)

OleBlue said:


> I wasn't sure if you needed a reason or not...



JFTR, you do not need any reason to rescind.  You have the legal right to rescind regardless of why.


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## OleBlue (Aug 25, 2017)

Thanks for the information.  I will let post back with a update after I get one . Thanks again


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## Passepartout (Aug 25, 2017)

OleBlue said:


> Thanks for the information.  I will let post back with a update after I get one . Thanks again


Don't count on an update. They ARE required to process any rescission that arrives in time. They ARE NOT required to keep you informed as to the progress. You may not hear a peep out of them before a credit magically appears on your credit card. OTOH, you MIGHT get a call from someone trying to get you to change your mind. I'd advise you to just not answer calls from numbers you don't recognize.

Glad you found TUG in time. Now relax. There is no hurry to try to find a resale. You won't use it this year anyway, and the REAL bargains appear about the time the maintenance bills come out.

Jim


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## OleBlue (Aug 25, 2017)

I was meaning I would give you guys An Update when it was over and the outcome . Thanks


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## WackyLucy (Aug 26, 2017)

OleBlue said:


> I was meaning I would give you guys An Update when it was over and the outcome . Thanks



They don't really have any choice if you follow the rescission instructions and act on time; it's the law. The developer sales slime will lie and exaggerate and obfuscate, but their corporate employer is not willing to actually violate the law and unnecessarily create legal problems for themselves.


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## Dam123 (Aug 26, 2017)

I need help!!!!! I just bout the Westgate Resort in Florida in 19 August 2017, got sucker in by the sale person stating that he will invest it for me, so that I can make money.  He told me that, when, I go see another person in the office.  That where you signed your contract and it's recorded.  He also told me that don't tell them that your going to have him invest it for me.  Once, I signed the contract, I try to call him multiple times and even text him.  There wasn't a replied.  I took the timeshare thinking that I was going to make money but, find out that it was a scam.  All this maintenance fee and 2 years of paying tax no way in hell I can afford it.  Thanks to this forum I have a 10 days grace period, I sent three letter on the 23 August 2017 to the following addressed of Westgate Palace, L.L.C. 2801 Old Winter Garden Road Ocoee, Florida 34761.  I even look at the USPS tracking number and they have received it on 24 August 2017.  Can someone please tell me how long does it take to get a respond, I need to cancel this as soon as possible


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## WackyLucy (Aug 26, 2017)

Dam123 said:


> I need help!!!!! I just bout the Westgate Resort in Florida in 19 August 2017, got sucker in by the sale person stating that he will invest it for me, so that I can make money.  He told me that, when, I go see another person in the office.  That where you signed your contract and it's recorded.  He also told me that don't tell them that your going to have him invest it for me.  Once, I signed the contract, I try to call him multiple times and even text him.  There wasn't a replied.  I took the timeshare thinking that I was going to make money but, find out that it was a scam.  All this maintenance fee and 2 years of paying tax no way in hell I can afford it.  Thanks to this forum I have a 10 days grace period, I sent three letter on the 23 August 2017 to the following addressed of Westgate Palace, L.L.C. 2801 Old Winter Garden Road Ocoee, Florida 34761.  I even look at the USPS tracking number and they have received it on 24 August 2017.  Can someone please tell me how long does it take to get a respond, I need to cancel this as soon as possible



You may never get a "response". The only obligation is for them to cancel the contract and issue a 100% refund of your deposit within 45 days if you submitted your rescission (cancellation) properly and on time. It probably won't take that long, but it actually could.

Florida state law allows you to cancel within 10 days, in writing only. There is absolutely nothing to be gained from (legally meaningless) telephone conversation, so don't call them and don't answer iany incoming incoming calls from them either. 
You've taken the right steps to rescind (cancel). Let the law do its' work for you --- and stay off the phone.

I hope you sent your rescission by certified U.S. Mail and obtained a date stamped postmark receipt at the USPS counter. If not, then do it all over again --- correctly --- while you still have time.


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## Dam123 (Aug 26, 2017)

WackyLucy said:


> You may never get a "response". The only obligation is for them to cancel the contract and issue a 100% refund of your deposit within 45 days if you submitted your rescission (cancellation) properly and on time. It probably won't take that long, but it actually could.
> 
> Florida state law allows you to cancel within 10 days, in writing only. There is absolutely nothing to be gained from (legally meaningless) telephone conversation, so don't call them and don't answer iany incoming incoming calls from them either.
> You've taken the right steps to rescind (cancel). Let the law do its' work for you --- and stay off the phone.
> ...


Yes the first one I sent an express mail and the other two is certified where it stamp on the day I sent, which in accordance of the tracking number they will receive it by today at 6 pm


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## WackyLucy (Aug 26, 2017)

Dam123 said:


> Yes the first one I sent an express mail and the other two is certified where it stamp on the day I sent, which in accordance of the tracking number they will receive it by today at 6 pm



It doesn't matter one bit when they receive your cancellation. All that matters is that (if necessary) you can prove with a USPS-issued, hand stamped paper receipt that your cancellation letter was postmarked within the time frame provided by state law to rescind (cancel), which is 10 days in Florida.


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## Dam123 (Aug 26, 2017)

Yes I got a receipt stating the date I sent the mail from the post


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