# Canceling a Virginia TS purchase?? (merged threads)



## amcejka (Apr 21, 2008)

Does anyone know the back out period in Virginia?

I am a big newbie, and have done a lot of research into DVC, but not normal timeshares.
 My husband and I bought a normal timeshare at Williamsburg last night, and the guide told me a certain place was covered, I called Interval International, and the place (rehoboth de) actually is not covered by them. 

I want to get my deposit back and cancel the transaction, but I do not know how long I have to do it and google is bringing multiple answers. 

Thanks in advance for any support/help you can offer!


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## Dave M (Apr 21, 2008)

7 days.

Unless you are close enough to the developer's site to hand deliver the cancellation notice, be sure to follow the law...





> by mailing the notice by certified United States mail, return receipt requested, to the developer or its agent designated in the contract.


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## amcejka (Apr 21, 2008)

Dave M, 

I really appreciate you finding this for me! I can't thank you enough.


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## Dave M (Apr 21, 2008)

You are welcome!

I would like to take credit for all of the "hard work" to find it, but it actually took me less than 20 seconds to find it - on my PC hard drive. I have a database with timeshare cancellation laws for 29 states, including all of the states that I think most of us here would view as having high concentrations of timeshares. 

It is one of the many timeshare-related info sources I have developed over the years to be prepared for questions such as yours.


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## amcejka (Apr 21, 2008)

Dave M said:


> You are welcome!
> 
> I would like to take credit for all of the "hard work" to find it, but it actually took me less than 20 seconds to find it - on my PC hard drive. I have a database with timeshare cancellation laws for 29 states, including all of the states that I think most of us here would view as having high concentrations of timeshares.
> 
> It is one of the many timeshare-related info sources I have developed over the years to be prepared for questions such as yours.



I am glad that there are people out there like you who take their time to keep stuff like that around to help people like me (and my hubby) out when I get into some trouble. 

Hopefully I can get this all taken care of. Maybe it is a misunderstanding but I have some research to do now!!


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## DeniseM (Apr 21, 2008)

> the guide told me a certain place was covered, I called Interval International, and the place (rehoboth de) actually is not covered by them.



If you are saying that the resort you bought can be exchanged for another specific resort, you should be aware that exchanging is never guaranteed, and it is almost always based on demand and the trading power of your resort.

If you want to go to a specific resort on a regular basis, you should buy at that resort.


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## amcejka (Apr 21, 2008)

DeniseM said:


> If you are saying that the resort you bought can be exchanged for another specific resort, you should be aware that exchanging is never guaranteed, and it is almost always based on demand and the trading power of your resort.
> 
> If you want to go to a specific resort on a regular basis, you should buy at that resort.



Yeah they said I could switch out at any time and made it seem gauranteed. That is the problem, just like with the DVC its not guaranteed. I should have known better. This guy told us so many fibs just to get us to buy. As soon as I mentioned that gee I wish Rehoboth was covered, he ran away and came back saying that it was.


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## amcejka (Apr 21, 2008)

DeniseM said:


> If you are saying that the resort you bought can be exchanged for another specific resort, you should be aware that exchanging is never guaranteed, and it is almost always based on demand and the trading power of your resort.
> 
> If you want to go to a specific resort on a regular basis, you should buy at that resort.



I guess to clear that up, I should say that the guide said that there were properties at Rehoboth Beach DE that I could trade out to. 

When I called Interval to check, Interval told me they don't even have properties in that state that participate in trading.


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## Dave M (Apr 21, 2008)

As far as I know, the only two Delaware timeshares are in Dewey Beach (near Rehoboth Beach) and Bethany Beach. Both are affiliated with RCI, not II.


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## chris5 (Apr 21, 2008)

Careful now: it's 7 days to rescind if you purchased from the developer as an initial sale of the project; it's 5 days to rescind if you purchased it "resale" which could also be from the developer, as well. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-380


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## Dave M (Apr 21, 2008)

I think you misread that section. It applies to resales by owners "_other than the developer_". For all developer sales, the seven-day cancellation rule applies.

Thus, there is no need to be careful in this situation, since the OP purchased from the developer. That's why I provided the link in my post.


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## chris5 (Apr 21, 2008)

Dave M said:


> I think you misread that section. It applies to resales by owners "_other than the developer_". For all developer sales, the seven-day cancellation rule applies.
> 
> Thus, there is no need to be careful in this situation, since the OP purchased from the developer. That's why I provided the link in my post.



Dave, you're not correct, in my opinion as a lawyer admitted in Virginia and holding a real estate license as well.  I do not think I misread the section. That provision 'other than a developer" just applies directly to the paragraph dealing with an owner "other than a developer"  obtaining a resale certificate from a developer.  It merely states that a developer does not have to obtain a resale certificate from itself! 

The pertinent provisions are in paragraphs D and E.

Please do not consider this as legal advice to anyone, but I do think you are missing something here regarding resales.


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## amcejka (Apr 22, 2008)

*Is this an OK rescind letter??*

Any suggestions about what I should have hubby add or subtract from it??



Williamsburg Plantation

Attention: XXXXXX XXXXX



Per § 55-376. Virginia Statutory Law: Purchaser's rights of cancellation. 

A. A purchaser shall have the right to cancel the contract until midnight of the seventh calendar day following the execution of such contract. If the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel the contract shall expire on the day immediately following that Sunday or legal holiday. Cancellation is to be without penalty, and all payments made by the purchaser before cancellation must be refunded within forty-five days after receipt of the notice of cancellation. 

B. If the purchaser elects to cancel a contract pursuant to subsection A, he shall only do so either (i) by hand-delivering the notice to the developer at its principal office or at the project or (ii) by mailing the notice by certified United States mail, return receipt requested, to the developer or its agent designated in the contract. Any such notice sent by certified mail shall be effective on the date postmarked. 

C. If, because of the occurrence of a material change, the public offering statement is amended between the time of contracting to purchase a time-share and the time of settlement, the developer shall provide the amended public offering statement to the purchaser and the right of cancellation shall renew from the date of delivery of such amended public offering statement. This subsection shall not apply if the public offering statement is amended by the developer because of a change which is not material or to disclose any change which is an aspect or result of the orderly development of the time-share project in accordance with the project instrument. 

D. The right to cancel the contract as provided by this section shall not be waivable by the time-share purchaser and any provision in the contract or time-share documents indicating a waiver shall be void. 

E. A statement of the purchaser's right of cancellation as set forth in subsections A and B shall appear in the contract above the purchaser's signature line. Such statement shall appear in type no smaller than any other provisions of the contract, and the caption "PURCHASER'S NONWAIVABLE RIGHT TO CANCEL" shall appear immediately preceding it in conspicuous, bold-face type. 

(1981, c. 462; 1983, c. 147; 1984, c. 572; 1985, c. 517; 1991, c. 704; 1994, c. 580; 1998, c. 460.) 



As a consumer, and covered by Virginia Statutes, I am invoking my right to cancel any and all obligations to a contract signed, by my wife and I , to Williamsburg Plantation Resort.  



The following reasons:

* Misrepresenting the resale or exchange potential of the facility, in reference to the actual contract signed. 

* Making oral promises that were omitted from the written contract. The sales manager stated that Interval International property exchange was guaranteed. In addition to that fact, the sales manager also pointed areas that we intended to travel to, such as Rehoboth Beach , DE , stated that the location had an Interval International exchange program with a resort in the area.  After calling Interval International we found that both statements were false.  

 * Offered a special price "for that day only." If the price is fair, it will still be in effect the next day. Many people readily admit they became much smarter the day after they signed a time-share contract

* Subjected to a long 6 hours sales pitch that lasted longer than the 90 minute described presentation.

Please review this as a formal request, as my right as a consumer, to cancel a signed contract with Williamsburg Plantation ( Vacation Village), to refund all deposited sums back to the originating source with in the specified time.  



Thank your for consideration in this matter.



Sincerely, 

XXXXXXXXXXXX XXXXXXX and XXXXXXXX XXXXXXXXXXXXX


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## Dave M (Apr 22, 2008)

Way too long. Make it short and to the point. You don't need all of the legal stuff. The resort is much more knowledgeable as to how this law works than any of us are. 

Also, don't include your reasons for canceling. It's not required and it accomplishes nothing. If you wish to voice your complaints, wait until you get the refund and then send the separate complaint letter.

Cut it to:





> We hereby cancel the Williamsburg Plantation Resort purchase contract we signed on April 20, 2008.
> 
> Please refund all deposited sums as required by Virginia law.
> 
> ...


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## amcejka (Apr 22, 2008)

does it need to be notorized?


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## gorevs9 (Apr 22, 2008)

amcejka said:


> does it need to be notorized?



No, but you may want to add the contract number for reference.


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## Keitht (Apr 22, 2008)

I don't know the terminology used within the US postal system, but do ensure that the letter has to be signed for on delivery.  That will at least prevent the resort claiming not to have received the letter.


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## elaine (Apr 22, 2008)

*you should say cancel--that's all*

I would send a copy of my contract (keep a copy for your records) and a simple letter stating that you are canceling as allowed under Virginia law--do not cite to the law or make any other statement except to "refund my money immediately."  You DO NOT want to make references to misrepresenting, etc.--that just gives them the opportunity to call you and try to get you to reconsider.  
Short and simple and certified mail--that's it!!
Also, many times they call and still try to sell you a "better" deal---no matter what they say--be firm and say you will be checking your CC for the refund---be happy--you are one of the lucky ones!! Elaine (ps--good luck with DVC---I suggest breaking up DVC contracts into smaller ones (you have to ask them to do this--no extra charge)---much easier to resell, if you ever need--surf disboards for this issue).


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## amcejka (Apr 22, 2008)

elaine said:


> I would send a copy of my contract (keep a copy for your records) and a simple letter stating that you are canceling as allowed under Virginia law--do not cite to the law or make any other statement except to "refund my money immediately."  You DO NOT want to make references to misrepresenting, etc.--that just gives them the opportunity to call you and try to get you to reconsider.
> Short and simple and certified mail--that's it!!
> Also, many times they call and still try to sell you a "better" deal---no matter what they say--be firm and say you will be checking your CC for the refund---be happy--you are one of the lucky ones!! Elaine (ps--good luck with DVC---I suggest breaking up DVC contracts into smaller ones (you have to ask them to do this--no extra charge)---much easier to resell, if you ever need--surf disboards for this issue).





I think you are talking to me on the disboards right now.... I was offered the same piece of advice about splitting the contracts.


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## elaine (Apr 22, 2008)

*yes, thanks me--wanted to make sure you saw it*

didn't know if you would check back on this BB or not.  Good luck. Elaine (from VA--10 miles south of you in Prince William).


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## amcejka (Apr 22, 2008)

THat is so cool that you are so close!! I've never run into anyone on the boards who are actually near me! That is super fun!! Sorry I am a mondo dork.

Now that I know about this board, I am bouncing between the two...  

When my guide calls I am going to ask her to break up the two contracts for sure. That way if I ever want to sell the 60 points off and use the $$ to buy into 100 points or another timeshare it won't be as bad as selling my whole contract. thanks so much for letting me know about that!


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## Les Elkins (Sep 26, 2008)

Hello,

Many thanks to you all that run this board.....

Long story short, last weekend my wife and I signed a contract at Massanutten, VA for a timeshare. Never done anything like that before. 

Came back, did some googling, and among other things this site showed up. And as I had somewhat suspected, yep, we allowed ourselves to be snookered.

Reading about the seven day rule in Virginia made me feel quite a bit better. So we've sent in our cancellation. (Terms of which also happened to be in the contract itself.... Funny, I don't remember dwelling on that during closing last weekend.)

Actually I'd have to guess from my research that Massanutten must be running a decent operation, because the timeshare deeds I see for resale actually command a price (compared to a lot of places where people apparently would be happy to give 'em away). Still pennies on the dollar for what we agreed to last weekend, but better than zero.

At any rate, thanks for the service to this board and this thread in particular. 

-Les Elkins
(Who has made his first and last emotional purchase of his life.... Well, except for the convertible.)

(p.s. Dropping the certified letter off at the post office, the lady behind the counter saw the address and asked me if I owned a timeshare. I said we had signed, but were canceling within the seven days allowed by Va. law. She said "Sure wish I had known about that law- our timeshare seemed like a great deal until about six months in....")


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## DeniseM (Sep 26, 2008)

Good for you!

I hope you will hang around, learn more about timesharing and decide if a resale purchase might be right for you.  Timesharing can be a lot of fun!

(And welcome to TUG!  )


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