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Westgate is trying to buy back my timeshare

Discussion in 'Buying, Selling, Renting' started by spiceycat, Jul 28, 2006.

  1. spiceycat

    spiceycat TUG Member

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    Location:
    Tavares, Florida
    Resorts Owned:
    Bay Lake Towers @WDW
    My contract with them does not have their ROFR.

    (my disney contract does so I know what I am looking for)

    they have told me that it doesn't matter that is not in my contract, they can still do it.

    I think this is illegal - who do I complaint too?

    so they say if I didn't allow them to buy it back -they would refuse to change the name.

    which I think is also illegal.

    will the florida attorney general help me? or is there someone else?:wall:

    thanks for any help!
     
  2. timeos2

    timeos2 Tug Review Crew: Rookie TUG Lifetime Member

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    They depend on your inability to contact the right people to make their scam work. if there wasn't a ROFR in your written documentation they cannot retroactively put one in.

    You need to contact the DBMR -

    https://www.myfloridalicense.com/Default.asp

    and file a complaint. That group enforces the extremely owner friendly FL timeshare rules and regs. They will get the attention of King Davids minions when you & I can't.

    Good luck and make them sweat. It couldn't happen to a more corrupt group of slime.
     
  3. spiceycat

    spiceycat TUG Member

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    John you are wonderful!!!!;)
     
  4. Hoc

    Hoc TUG Lifetime Member

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    Be careful. It might be in the Declaration of Timeshare (the "CC&Rs") on the property, and your paperwork might say that it is subject to that Declaration of Timeshare. If that is the case, then they might be right.
     
  5. timeos2

    timeos2 Tug Review Crew: Rookie TUG Lifetime Member

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    A very important item to note is that basic articles in the declaration cannot be overridden by changes after the date of purchase. If ROFR is considered to be a critical issue of sale changes made only apply to new buyers and cannot be retroactive to previous owners. As an unfortunate owner of Westgate since the 90's I can say with certainty that there was no ROFR in the original documents filed. It was added close to a decade later so sales after that point of time would have accepted it as part of the sales contract. Others have tried to slip it in later and it doesn't fly.
     
  6. potchak

    potchak TUG Member

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    No offense, but what is the difference? If you agreed to a price, they are going to give you that price, why does it matter who the buyer is?
     
  7. DrQ

    DrQ Guest

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    If Westgate were a buyer in good faith, it would not be a problem. Unfortunately, other people have had the experience of them interfering with the sale long enough to get the original buyer to go away and then say that they don't wish to execute the ROFR.
     
  8. potchak

    potchak TUG Member

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    Ah, now I understand. I was under the impression if they give you the price you were asking, I wouldn't care who my buyer was.
     
  9. e.bram

    e.bram Guest

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    To get around the ROFR set the price very high and kick back the difference in cash at the closing. Your probably selling at a loss even at the high price, so no tax consequence is generated.
     

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