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Cancellation window for timeshare

John003

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Hello,

We bought a timeshare in Florida and then found out about this website. Decision to buy was too quick on our side so we sent a cancellation letter which was within 10 calendar days. We plan to explore it into more details for the next few months and thereafter make a sound decision. In the meantime, I'd appreciate from anyone who went through the similar process, if you could let us know if letter below is sufficient as we still have few days left to re-send it if needed. Also what next can we expect from them and should we be following with them once we receive delivery confirmation. It was sent via USPS certified mail with return signature.

RE: NOTICE OF CANCELLATION OF THE PURCHASE AND SALE AGREEMENT

This letter is to inform you that we, XXX and XXX, are cancelling the agreement dated XXXXX for the sale of the Vacation Ownership Interest(s), which constitutes a timeshare estate(s), in the Flex Vacations Ownership Plan in accordance with the laws of the state of Florida.

Purchaser(s): XXXXX
XXXXX
Account Number: XXXX
VOI Number: XXXX
Loan ID #: XXXX
Date of Purchase: XXX

This cancellation notification, which is within 10 calendar days from the date the agreement was originally signed, is effective immediately and no additional charges should be issued or made to XXX credit card.

Thank you
 

TUGBrian

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congrats on finding us in time to rescind and save a fortune!

nothing fancy needs to go in the letter, just the basic info...and be sure to follow the directions in the sales contract you signed that explain where and how to send the cancellation letter and you will be all set!

chances are you wont get any sort of reply depending on where you bought...and make sure you dont entertain any calls from the sales office trying to talk you out of it!

Welcome to TUG!
 

vacationtime1

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It is essential that everyone who signed the purchase contract sign the rescission letter. If "we, XXX and XXX" who are signing the rescission letter are the same two people who signed the purchase contract, you (both) are fine.
 

Passepartout

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In Florida you have 10 calendar days to rescind:

  • In Florida, the purchaser has the right to cancel the contract until midnight of the tenth calendar day following the execution date or the day on which the purchaser received the last of all required documents, whichever occurs later (Fla. Stat. Ann. § 721.10).
We suggest you follow the instructions in your contract- if you can find them. If not, include a copy of the signature page of your contract. Mail it USPS Certified w/return receipt. Send back their promotional materials by cheapest means. Don't answer unknown phone numbers until after the rescission period has ended.

Good Luck, and Welcome to TUG!

Jim
 

John003

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In Florida you have 10 calendar days to rescind:

  • In Florida, the purchaser has the right to cancel the contract until midnight of the tenth calendar day following the execution date or the day on which the purchaser received the last of all required documents, whichever occurs later (Fla. Stat. Ann. § 721.10).
We suggest you follow the instructions in your contract- if you can find them. If not, include a copy of the signature page of your contract. Mail it USPS Certified w/return receipt. Send back their promotional materials by cheapest means. Don't answer unknown phone numbers until after the rescission period has ended.

Good Luck, and Welcome to TUG!

Jim
Thank you...The contract only indicates to notify seller in writing and that it's effective on the date sent. The only small print is that by "notify" they mean that a written notice of cancellation is delivered, by any means including certified mail return receipt requested.
 

John003

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It is essential that everyone who signed the purchase contract sign the rescission letter. If "we, XXX and XXX" who are signing the rescission letter are the same two people who signed the purchase contract, you (both) are fine.

Thank you...Yes, both of us signed the letter and made sure all pertinent information from the contract is included.
 

okwiater

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Vistana is very professional with regard to recissions and your letter looks sufficient. They are not known to engage in shenanigans of this sort and I've even heard of them accepting and processing recissions that didn't 100% follow the instructions in the contract (not that I recommend that!).
 

DavidnRobin

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Vistana is very professional with regard to recissions and your letter looks sufficient. They are not known to engage in shenanigans of this sort and I've even heard of them accepting and processing recissions that didn't 100% follow the instructions in the contract (not that I recommend that!).

^^^^ This ^^^^
 

DK1456

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Vistana is very professional with regard to recissions and your letter looks sufficient. They are not known to engage in shenanigans of this sort and I've even heard of them accepting and processing recissions that didn't 100% follow the instructions in the contract (not that I recommend that!).
Hi I am a new member. How long does it take to get the refund from Sheraton Flex Vacation? I mailed my rescinding letter 2 weeks ago, no word, no refund yet. Any advice please what should I do? Thank you
 

Grammarhero

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Hi I am a new member. How long does it take to get the refund from Sheraton Flex Vacation? I mailed my rescinding letter 2 weeks ago, no word, no refund yet. Any advice please what should I do? Thank you
Just wait. Don’t call. They are legally required to profess your rescission within 45 days

If you call, they will likely try to convince you to buy again. We even received a report of a Ts company falsely saying that a rescinded owner accepted a new, revised offer. The thread of below. https://tugbbs.com/forums/index.php...-timeshare-merged.208087/page-15#post-2309794

How much would you save with rescission
 

CalGalTraveler

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As long as you have proof of mailing from US post or other third you should be fine. With tracking is best.
 

Henry M.

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DK1456

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That thread is talking about Westgate. Vistana is a reputable company and will not engage in such games. I would not have a problem calling them to inquire about the rescission.
Thank you for your response. You know, before I mailed my cancellation letter, I talked to the sale manager(he called me after I emailed him a few questions). I told him my intention to cancel the purchase agreement. He said I don’t have to mail the letter, he can help me with cancellation, but never been in touch since then. However, I trust my gut and the instruction to mail the seller in writing if I want to cancel. And I did.
 

CalGalTraveler

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Thank you for your response. You know, before I mailed my cancellation letter, I talked to the sale manager(he called me after I emailed him a few questions). I told him my intention to cancel the purchase agreement. He said I don’t have to mail the letter, he can help me with cancellation, but never been in touch since then. However, I trust my gut and the instruction to mail the seller in writing if I want to cancel. And I did.

Your gut is absolutely correct. Good job sending it in writing. That sales manager could have thrown the cancellation into the round file and could state that he heard you say you wanted to cancel but convinced you otherwise. He could state that he had a different interpretation of the call and he would have cited the contract that spells out how to cancel so you would have followed that if you really wanted to cancel.

Dodged a bullet on that one. Only the contract matters. Nothing they verbally say is binding.
 

DK1456

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Your gut is absolutely correct. Good job sending it in writing. That sales manager could have thrown the cancellation into the round file and could state that he heard you say you wanted to cancel but convinced you otherwise. He could state that he had a different interpretation of the call and he would have cited the contract that spells out how to cancel so you would have followed that if you really wanted to cancel.

Dodged a bullet on that one. Only the contract matters. Nothing they verbally say is binding.
Of course he even told me to discuss with my husband before making decision to cancel. I told him we both agreed and we both signed the cancellation letter.
So just hope I will get my refund within the 20days as states in the contract. Today is day 15 since they received my letter (proof of delivery from Usps)
 
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CalGalTraveler

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Of course he even told me to discuss with my husband before making decision to cancel. I told him we both agreed and we both signed the cancellation letter.
So just hope I will get my refund within the 20days as states in the contract.

You will get your refund because you followed the contract.
 

DK1456

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You will get your refund because you followed the contract.
Thank you so much. I appreciate your time in answering my concern. I hope I don’t have to contact them or dispute the charge with my cc company
 

controller1

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Thank you so much. I appreciate your time in answering my concern. I hope I don’t have to contact them or dispute the charge with my cc company

You won't have to. Vistana is very reputable in this area.
 

DK1456

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You won't have to. Vistana is very reputable in this area.
Thank you! You have an idea approximately how long does it take to Process my refund? I am afraid I won’t get it within the 20 days as mentioned in my purchase agreement. So far I have not heard anything from them at all; calls, emails...
 

controller1

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Thank you! You have an idea approximately how long does it take to Process my refund? I am afraid I won’t get it within the 20 days as mentioned in my purchase agreement. So far I have not heard anything from them at all; calls, emails...

When I rescinded, I never heard anything from Vistana. I had my refund in less than a month of their receipt of my letter. Don't get too hung up on the 20 days. Remember that it typically takes a few extra days for the credit card companies to post a refund vs the instantaneous posting of a charge.
 

DK1456

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Hi controller1! I’m glad hearing your response. Would you please let me know when did you rescind? Did you pay the credit card balance first or you got your refund on time before the cc balance due? I really want to have peace in mind knowing they are doing their best to rescind my contract. Thank you so much for your time.

Will the loan application be cancelled all at once?
 
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controller1

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Hi controller1! I’m glad hearing your response. Would you please let me know when did you rescind? Did you pay the credit card balance first or you got your refund on time before the cc balance due? I really want to have peace in mind knowing they are doing their best to rescind my contract. Thank you so much for your time

This was several years ago and I don't recall all the specifics. I do remember that I was anxious but everything worked out well and all I did was send a letter via certified mail.
 

DK1456

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I am very very anxious, but a least, hearing all positive side from u, I am a bit better. Did You ever get a letter from them confirming cancellation with refund? I am so sorry for asking you so many questions, but I am really anxious. I mailed my letter on 10/16/19 via priority mail express with delivery confirmation.
 

TheTimeTraveler

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I am very very anxious, but a least, hearing all positive side from u, I am a bit better. Did You ever get a letter from them confirming cancellation with refund? I am so sorry for asking you so many questions, but I am really anxious. I mailed my letter on 10/16/19 via priority mail express with delivery confirmation.



NO WORRIES! They are not required to provide you with any written documentation of your rescission request. They are however required to act on your request, and with most Timeshare systems you will receive your refund within a 45 day time frame.

As long as you mailed your rescission letter within the allowed period of time, and have retained a Postmarked copy of your USPS mailing receipt (which it sounds like you have) then you are all set.


Now, relax, become a member of TUG, and go out and celebrate :whooopie::banana::clap::cheer::wave:





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