• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 30 years!

    Join Tens of Thousands of other Owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 30 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 30th anniversary: Happy 30th Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    Free memberships for every 50 subscribers!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $21,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $21 Million dollars
  • Sign up to get the TUG Newsletter for free!

    60,000+ subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!

Need Help......Keep or Rescind????

Waffles

newbie
Joined
May 30, 2009
Messages
5
Reaction score
0
Points
0
Location
Canada
Too much information for me to understand.

Westgate - Planet Hollywood - Las Vegas

2 Bedroom / Partial Week 1
Purchase Price: 14,900
Interval International: $89

2010: Every Other Year
Maintenance Fee: $422
Real Estate Taxes: $69

Is this a good deal?
Opinions greatly appreciated!!
 

DeniseM

Moderator
Joined
Jun 6, 2005
Messages
57,668
Reaction score
9,088
Points
1,849
Resorts Owned
WKORV, WKV, 2-SDO, 4-Kauai Beach Villas, Island Park Village (Yellowstone), Hyatt High Sierra, Dolphin's Cove (Anaheim)
Absolutely rescind - you can buy the same property on the resale market for 50% OR LESS than retail.

Plus, you can take your time, do your homework, and make the best decision for you, with no pressure.

Please read this article about rescinding - it was written for a different TS system, but the principles all apply to your situation.
 
Last edited:

somerville

TUG Member
Joined
Jun 6, 2005
Messages
899
Reaction score
4
Points
378
Location
Dallas, TX
Too much information for me to understand.

Westgate - Planet Hollywood - Las Vegas

2 Bedroom / Partial Week 1
Purchase Price: 14,900
Interval International: $89

2010: Every Other Year
Maintenance Fee: $422
Real Estate Taxes: $69

Is this a good deal?
Opinions greatly appreciated!!
Not a good deal. I recommend that you rescind. Learn about timeshares and resales before you buy anything.
 

UWSurfer

Tug Review Crew
TUG Member
Joined
Feb 10, 2007
Messages
2,439
Reaction score
64
Points
408
Location
Los Angeles
Rescind.

There are alot better deals out there for you $, especially in Las Vegas.
 

applegirl

Tug Review Crew: Rookie
TUG Member
Joined
Sep 28, 2007
Messages
1,542
Reaction score
6
Points
248
Location
Apple Valley, CA
Rescind. I ditto what Denise M said. Do your homework here than buy resale and save thousands of $$$.

Janna
 

Waffles

newbie
Joined
May 30, 2009
Messages
5
Reaction score
0
Points
0
Location
Canada
What would happen if the cancellation notice is sent on the 6th day? I had been trying to find out from the sales rep and closing officer for 2 days prior on how to cancel (on day 4). We were told they didn't know. Then the closing officer told us that the 5 day rescind period was not for us and was only there for the protection of the State of Nevada. By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. But apparently they didn't know if we could cancel. I hope I am not stuck with this now. Do you think I am?
 

gmarine

Tug Review Crew: Rookie
TUG Member
Joined
Jun 6, 2005
Messages
4,304
Reaction score
17
Points
423
No question, rescind.
 

sernow

TUG Member
Joined
Dec 8, 2006
Messages
405
Reaction score
0
Points
376
Location
South Jersey
"By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. But apparently they didn't know if we could cancel. I hope I am not stuck with this now. Do you think I am?"

With Westgate, yes you're probably stuck.
 

Karen G

Moderator
Joined
Aug 17, 2004
Messages
9,470
Reaction score
1,983
Points
749
Location
Henderson, NV
Resorts Owned
Once owned these: FirstFairway@Walden X 2; Lawai Beach; ManhattanClub; PuebloBonitoRose; 4 South Africa--now timeshare-free
What would happen if the cancellation notice is sent on the 6th day? I had been trying to find out from the sales rep and closing officer for 2 days prior on how to cancel (on day 4). We were told they didn't know. Then the closing officer told us that the 5 day rescind period was not for us and was only there for the protection of the State of Nevada. By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. But apparently they didn't know if we could cancel. I hope I am not stuck with this now. Do you think I am?
I hope you are not stuck with it, too. That's quite unethical for the closing officer and sales rep to mislead you and outright lie to you like that. If you put anything on your credit card, you should notify your credit card company of all the circumstances. It sounds like fraud to me. Check your contract again--does it say anything about the rescission period being calendar days or business days?
 

DeniseM

Moderator
Joined
Jun 6, 2005
Messages
57,668
Reaction score
9,088
Points
1,849
Resorts Owned
WKORV, WKV, 2-SDO, 4-Kauai Beach Villas, Island Park Village (Yellowstone), Hyatt High Sierra, Dolphin's Cove (Anaheim)
What would happen if the cancellation notice is sent on the 6th day? I had been trying to find out from the sales rep and closing officer for 2 days prior on how to cancel (on day 4). We were told they didn't know. Then the closing officer told us that the 5 day rescind period was not for us and was only there for the protection of the State of Nevada. By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. But apparently they didn't know if we could cancel. I hope I am not stuck with this now. Do you think I am?

The sales people are lying to you. Of course they know what the rescission period is. They also know that if they can stall you long enough, that it will be too late.

How did you make your initial payment? If you used a credit card, you need to challenge it with your CC Company immediately. Send the CC company a copy of everything plus a brief and to the point letter explaining how you were lied to when you tried to exercise your legal right to rescind. Make sure you tell them to block any future charges from Westgate. Cancel the card if you have to.

Even though you were a day late, if you stick to your guns, and can ID the people who lied to you, you may still get out of it. You have nothing to lose by trying.

Good luck!
 

Waffles

newbie
Joined
May 30, 2009
Messages
5
Reaction score
0
Points
0
Location
Canada
Thanks for the info. I will contact my credit card company for sure. One more thing, I did not have any ID with me that day. My husband did, but I had left my purse since I didn't want to carry it around that day. Don't they have to have copies of both of our Identification?
 

DeniseM

Moderator
Joined
Jun 6, 2005
Messages
57,668
Reaction score
9,088
Points
1,849
Resorts Owned
WKORV, WKV, 2-SDO, 4-Kauai Beach Villas, Island Park Village (Yellowstone), Hyatt High Sierra, Dolphin's Cove (Anaheim)
I thing the ID thing is a minor points, and won't make any difference - you need to pursue this with your CC Company immediately.
 

dougp26364

TUG Review Crew: Expert
TUG Member
Joined
Jun 6, 2005
Messages
14,481
Reaction score
3,157
Points
698
Location
Kansas
Resorts Owned
Marriott Grand Chateau
Marriott Shadow Ridge
Marriott Ocean Pointe
Marriott Destination Club Points
Hilton Grand Vacation Club Las Vegas Blvd
Grand Colorado on Peak 8
Spinnaker French Quarter Resort Branson
When you challange the charge with your CC, you should include the names of the people you spoke with an on what dates and times. If you can't recall the date and time you should be able to find that in your phone records.
 

Waffles

newbie
Joined
May 30, 2009
Messages
5
Reaction score
0
Points
0
Location
Canada
Thanks for all the tips! I will send all info to CC company tomorrow.
 

gmarine

Tug Review Crew: Rookie
TUG Member
Joined
Jun 6, 2005
Messages
4,304
Reaction score
17
Points
423
I would also call Westgate and explain. If they give you a hard time let them know you will file a complaint with the Nevada State Attorney General's office. Also let them know you are posting the details of what happened on every timeshare forum you can find.
 

DeniseM

Moderator
Joined
Jun 6, 2005
Messages
57,668
Reaction score
9,088
Points
1,849
Resorts Owned
WKORV, WKV, 2-SDO, 4-Kauai Beach Villas, Island Park Village (Yellowstone), Hyatt High Sierra, Dolphin's Cove (Anaheim)
I would also call Westgate and explain. If they give you a hard time let them know you will file a complaint with the Nevada State Attorney General's office. Also let them know you are posting the details of what happened on every timeshare forum you can find.

First, I would use the rescission process and persue it with the CC Company. Based on their reputation, and the "help" they've given him so far, I am afraid that further contact with Westgate will be counter-productive. I would bet that the OP will have to work with the CC Co. to get this resolved and that Westgate will not do anything.
 
Last edited:

gmarine

Tug Review Crew: Rookie
TUG Member
Joined
Jun 6, 2005
Messages
4,304
Reaction score
17
Points
423
First, I would use the rescission process and persue it with the CC Company. Based on their reputation, and the "help" they've given him so far, I am afraid that further contact with Westgate will be counter-productive. I would bet that the OP will have to work with the CC Co. to get this resolved and that Westgate will not do anything.


Since the official rescind date has passed the only chance of a refund may be by dealing with WG. The OP is going to take the stance that they tried to rescind but WG didnt advise them on how to. If WG denies this, which they likely will, the OP is left to deal with the CC company.

At this point WG is going to have a signed contract and the OP has no written proof of trying to rescind.
There is no harm on trying to talk to WG. It can only help.
 

theo

TUG Review Crew: Veteran
TUG Member
Joined
Mar 21, 2007
Messages
9,032
Reaction score
2,268
Points
648
Location
New England Coast
Ouch...

What would happen if the cancellation notice is sent on the 6th day? ....By the time I realized that there was a rescind period of 5 days, it was the 6th day.....I sent it anyway and noted in my letter that I have been trying to find out how to cancel for the past 2 days. QUOTE]
==========================================

The right to rescind is a matter of law --- not one of voluntary developer benevolence. The cancellation process and time frame (which is 5 days in Nevada) would actually have been provided to you in writing within your contract documents on the same day you signed the contract, as is required by law. The clock started ticking upon your signature.

I'm not sure how much leverage you have now, if filing your cancellation after the "coolong off" period. Using "...I was trying to find out how to cancel" as as a reason for missing the deadline (when you likley had clear cancellation process instructions in hand and in writing already) is not a strong position.

Not to be the prophet of doom, but at this point you may have to consult an attorney to better help you. If the developer did not provide notice of your right to rescind (something which, frankly, is highly unlikely, since such instructions are generally built right in to the contract documents), you may have a bit of an uphill battle ahead.

I'd suggest consulting an attorney --- PRONTO! :shrug:
 

theo

TUG Review Crew: Veteran
TUG Member
Joined
Mar 21, 2007
Messages
9,032
Reaction score
2,268
Points
648
Location
New England Coast
Unlikely....

I would bet that the OP will have to work with the CC Co. to get this resolved and that Westgate will not do anything.

My bet is that the credit card company is completely powerless if a valid, written contract was lawfully executed and the "cooling off" period provided by law has now passed.

I hope that the OP succeeds in getting out of the Westgate contract, but placing any faith or hopes on the credit card issuer is likely to be futile if the underlying transaction was a valid purchase, made under a written contract, which the OP then failed to rescind within the time frame allotted by law.

While I hate to see money ever going into the pockets of lawyers, it is my belief that the OP now needs the additional horsepower of legal representation at this point. :shrug:
 

ScoopKona

Guest
Joined
May 7, 2008
Messages
5,722
Reaction score
3,309
Points
598
Location
Monkey King Coffee - Captain Cook, Hawaii
I fear you're probably stuck with this one.

It's up to the buyer to rescind. You have no written evidence from Westgate detailing their interferance. I think hiring an attorney would just be throwing good money after bad.

Good luck trying to void the contract. But I would also try to come to grips with your new timeshare and learn how to use it.
 

theo

TUG Review Crew: Veteran
TUG Member
Joined
Mar 21, 2007
Messages
9,032
Reaction score
2,268
Points
648
Location
New England Coast
Gambling in Vegas...

I think hiring an attorney would just be throwing good money after bad. Good luck trying to void the contract. But I would also try to come to grips with your new timeshare and learn how to use it.

You may be right, but if the OP is out $15k, as indicated, it might be worth gambling a few hundred dollars more to try to get out of a bad purchase --- forever. A relatively small cost for a potentially big benefit. :shrug:

P.S. Thanks, Denise for the editorial help in fixing my botched quote attempt. It's something I seem to foul up more than just occsiaonally. :eek:
 
Last edited:

T_R_Oglodyte

TUG Lifetime Member
Joined
Jun 6, 2005
Messages
16,117
Reaction score
8,064
Points
1,048
Location
Belly-View, WA
If the OP contacts the local bar association, the OP should be able to get a reffereal for a low cost, about one-half hour appointment with a real estate attorney. From that point the OP can assess the prospects of success trying to fight the case.
 

Waffles

newbie
Joined
May 30, 2009
Messages
5
Reaction score
0
Points
0
Location
Canada
Update

Today is Day 18, and I just about fell over when I checked by CC and my downpayment has been REFUNDED!! After reading all the posts, I really thought I was stuck with this. Thanks for all your help. I love this website, and will be doing alot of research before purchasing a timeshare next. I will take your advise and try renting first. I haven't read alot of positive postings for Westgate, but I guess this is one happy ending. I think I really Lucked out!
 

gmarine

Tug Review Crew: Rookie
TUG Member
Joined
Jun 6, 2005
Messages
4,304
Reaction score
17
Points
423
Great news. Congrats.
 

Larry6417

TUG Member
Joined
Jun 18, 2008
Messages
205
Reaction score
0
Points
16
Location
Edmonton, AB, Canada
Congrats!

Today is Day 18, and I just about fell over when I checked by CC and my downpayment has been REFUNDED!! I think I really Lucked out!

I'm glad that you dodged this bullet! If you really want to buy in Vegas, after doing your research on TUG of course, then you should be able to buy a high quality TS for a few cents on the dollar through eBay. However, I question the need to buy in Vegas. Las Vegas is still a desirable area to visit, but is overbuilt. Many TS will rent out unused weeks, so why buy the TS when you can rent it for close to the same cost as ongoing maintenance fees? Using Priceline you should be able to rent out a week for close to what maintenance fees cost (or less), without taking on the obligations of paying annual maintenance fees.

From what I've read, Planet Hollywood seems to have a particularly bad reputation for TS sales. And that's really saying something!
 
Top