[2008] Successful cancellation of Westgate purchase

[csxjohn]

Thanks everyone!!! A little nervous right now as it the 3rd day and my certified letter are still processing in the post office...

The length of time your letter sits in the post office does not matter. The date on your receipt showing when you gave it to the post office is the only day that matters. Don't be nervous about it.

Again, it's the day you mailed it not the day it is delivered that matters.

 

[cham5547]

Thanks that makes me feel so much better. I track 2 of my letter and it said delivered. But the one that matter most is the corporate office. So far that only said "arrived at unit". But glad you clarified that it only matter the day i send and not the day they pick up. Im sure they will try to call or find a way out of it but just praying for the best. =) This forum is awesome cant thank everyone enough.

 

[cham5547]

Update: Hey everyone my contrAct is rescinded. Thank you all so much. Long story short after 2 weeks they mailed me a letter stating sorry to see me go but I need to return my package or else they will charge me 50$. By the way I already sent the package it cost me 30$. So with everyone advice I didn't pick up unknown calls or called them back. I sent out anothe certified letter with copy of my 30$ USPS receipt. Hopefully they will leave me alone. Lol. What will they do to get $$ from people. Thanks again everyone. !!!!

 

[SMHarman]

Sounds like total hogwash to me. Nobody on these boards has come back after a rescission and said that he was charged taxes or "cancellation fees" (or any other fees for that matter).

Even if you are charged those fees, you'd still come out ahead by rescinding. So rescind and follow the rescission instructions to the letter.

That would not be recission. The definition of recission is putting both parties back to the state they were in pre contract. As if the contract never happened.

 

[kreeger]

My wife and I are currently in this same mess with Westgate Vacation Villas in Orlando. We got wooed by their sales staff promising and investment opportunity, excellent resale value, and then got rushed through the whole signing process. The next day we started feeling major buyer's remorse after reading how awful Westgate is - not to mention the fact that what we were buying was totally misrepresented to us.

Now, since we've learned about Florida Statute 721.10, we're going to be printing off several copies of our rescind notice and mailing one certified, one regular to the main headquarters, as well as to the resort here. We've also setup a brief consultation with Susan Budowski to make sure we have all of our ducks in a row.

I did read that a letter can be delivered in person, and since we are actually still staying in the resort, is that a good thing to do as well? Who in the world would we ask for to give our notice to?

 

[timeos2]

My wife and I are currently in this same mess with Westgate Vacation Villas in Orlando. We got wooed by their sales staff promising and investment opportunity, excellent resale value, and then got rushed through the whole signing process. The next day we started feeling major buyer's remorse after reading how awful Westgate is - not to mention the fact that what we were buying was totally misrepresented to us.

Now, since we've learned about Florida Statute 721.10, we're going to be printing off several copies of our rescind notice and mailing one certified, one regular to the main headquarters, as well as to the resort here. We've also setup a brief consultation with Susan Budowski to make sure we have all of our ducks in a row.

I did read that a letter can be delivered in person, and since we are actually still staying in the resort, is that a good thing to do as well? Who in the world would we ask for to give our notice to?

No, that's a terrible idea. You'd have zero proof they got it & you'd end up an owner. Just follow the easy directions to mail with receipt a simple letter as outlined above & be certain you have the necessary proof that you wisely rescinded within the proper time frame.

Taking it in by hand just gives them another opportunity to browbeat you into staying and denying they got any rescind notice. Stay away from them, mail the required letter and enjoy your vacation. You are dodging a serious mistake.

 

[kreeger]

No, that's a terrible idea. You'd have zero proof they got it & you'd end up an owner. Just follow the easy directions to mail with receipt a simple letter as outlined above & be certain you have the necessary proof that you wisely rescinded within the proper time frame.

Taking it in by hand just gives them another opportunity to browbeat you into staying and denying they got any rescind notice. Stay away from them, mail the required letter and enjoy your vacation. You are dodging a serious mistake.

Thanks — we will avoid doing so, then. Off to go print this letter, then.

 

[Passepartout]

AND unplug the phone, and don't answer your cell if they have the number. Nothing good will come of it.

You should send their printed material to them by a means that gives you a receipt. They WILL attempt to charge you for it. Just for intimidation purposes and delay.

 

[kreeger]

We just mailed off our recission letter at the Celebration, FL Post Office, certified with return receipt. Thank you all for your tips - we're avoiding pretty much all unknown phone calls for a while now.

 

[simpsontruckdriver]

That's why they invented answering machines/voicemail. If you don't know who is calling, ignore and let them leave a message!

 

[Patri]

Congrats Creeger. You are smart people.

 

[shyme40]

I want to cancel

hi everyone, after my vacation in Gatlinburg I realized what me and my husband done, we bought this 1br deluxe, and now we realized we don't need it, and it so much expensive, we have no experience buying timeshare, I don't know how they got us. Now I'm, digging all the paper works and I cannot find how to cancel, and I found this forum talking about 10 days? 11 days now since we sign the contract. I need my piece of mind back! I guess I'm going to try to cancel it anyway? please I need advice, I don't want my hard earned money goes them rich people,

 

[Rent_Share]

hi everyone, after my vacation in Gatlinburg I realized what me and my husband done, we bought this 1br deluxe, and now we realized we don't need it, and it so much expensive, we have no experience buying timeshare, I don't know how they got us. Now I'm, digging all the paper works and I cannot find how to cancel, and I found this forum talking about 10 days? 11 days now since we sign the contract. I need my piece of mind back! I guess I'm going to try to cancel it anyway? please I need advice, I don't want my hard earned money goes them rich people,

If it's Westgate, they are notorious for putting a PDF (portable document format) on the CD with copies of other sales documents given to you at closing.

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

http://www.tugbbs.com/forums/showthread.php?t=102785

Tennessee

Website: http://www.tn.gov/attorneygeneral/

Email: consumer.affairs@tn.gov

Phone: 615.741.4737

Mailing Address:
Office of the Attorney General and Reporter
P.O. Box 20207
Nashville, TN 37202-0207

Consumer Protection: http://tn.gov/consumer/index.shtml

Online Complaint form: http://tn.gov/consumer/consCompFrm.shtml

Timeshare laws/regulations:
Rules of the Tennessee Real Estate Commission, Chapter 1260-6
http://tennessee.gov/sos/rules/1260/1260-06.pdf

Recission: Ten days (if on-site). (Fifteen days if not)

 

[Passepartout]

Here's the address if you can't find it:

Westgate Resorts, Corporate Headquarters
2801 Old Winter Garden Rd.
Ocoee, FL 34761

The letter doesn't need to be fancy or legalese, just something like:

I/We (names)___________________ wish to exercise our right to cancel contract number ___________ dated _________. We wish our down payment returned as soon as possible. Promotional materials will be returned under separate cover.

Signed______________ (whoever signed the contract)

Send it USPS Certified with returned receipt. Get it postmarked today.

Best wishes for a successful outcome.

Jim

 

[Rent_Share]

She already admitted they were in the 11th day.

 

[timeos2]

She already admitted they were in the 11th day.

How much worse must it be to find TUG (or any site), figure out you just paid tens of thousands for a resort / system that is worth maybe 10% of what you just committed to and then realize you had 10 days to get out unscathed but it's day 11? Wow. Talk about kicking yourself. What a lousy day.

 

[Passepartout]

She already admitted they were in the 11th day.

I agree that day 11 with these weasels might as well be day 111, but possibly they might honor the 15 days if offsite rule mentioned above, or the poster resides in a state with a longer cooling off period. Better to send a rescission letter dated within 10 days on the 11th day than not sending it at all. The poster might also contest the charge with their credid card supplier too.

Jim

 

[LannyPC]

I don't know how they got us....

Not to rub salt in your wound but, like many others in your boat, you were probably lured into a sales presentation by some gift (cash, discounts to attractions, tickets to shows, etc.).

When they get you in, they start out with small talk pretending to be your best friend. Then they hit you with lies and lines such as "..an investment in your family's future happiness", "real ownership in a desirable property", "locking yourself into future economical vacations", etc.

Sound about right?

 

[shyme40]

hi everyone thank you, I did the letter and mail certified in 3 different addresses, it took us 11 days coz we still on vacay after we sign the contract and got no time to do research, I have 10 months old baby while talking to them and rocking my baby for 4 hours while they trying to sell us. And then got home trying to do research and cant find any cancelation on the papers it so frustrating, we drove 9 to 10 hours to have fun in the smoky, but the westgate got me in bad mood, and yes they got us in good lying sales talk I guess

 

[shyme40]

Not to rub salt in your wound but, like many others in your boat, you were probably lured into a sales presentation by some gift (cash, discounts to attractions, tickets to shows, etc.).

When they get you in, they start out with small talk pretending to be your best friend. Then they hit you with lies and lines such as "..an investment in your family's future happiness", "real ownership in a desirable property", "locking yourself into future economical vacations", etc.

Sound about right?

yes sound right

 

[shyme40]

Here's the address if you can't find it:

Westgate Resorts, Corporate Headquarters
2801 Old Winter Garden Rd.
Ocoee, FL 34761

The letter doesn't need to be fancy or legalese, just something like:

I/We (names)___________________ wish to exercise our right to cancel contract number ___________ dated _________. We wish our down payment returned as soon as possible. Promotional materials will be returned under separate cover.

Signed______________ (whoever signed the contract)

Send it USPS Certified with returned receipt. Get it postmarked today.

Best wishes for a successful outcome.

Jim

Thank you I used that address

 

[Rent_Share]

hi everyone thank you, I did the letter and mail certified in 3 different addresses, it took us 11 days coz we still on vacay after we sign the contract and got no time to do research, I have 10 months old baby while talking to them and rocking my baby for 4 hours while they trying to sell us. And then got home trying to do research and cant find any cancelation on the papers it so frustrating, we drove 9 to 10 hours to have fun in the smoky, but the westgate got me in bad mood, and yes they got us in good lying sales talk I guess

I would file a complaint with the Real Estate Commision that has jurisdiction, particularly since recision instructions were most likely buried on a CD.

The question is did you sign anything that included verbiage agreeing to alternative delivery of purchase documnents. According to Tennesse law it should have included:

(2) Every contract for the sale of a timeshare interval, immediately above the space reserved for the
signature of the purchaser.
“You May Cancel A Contract To Purchase A Time-Share Interval Within Ten (10) Days From The Date Of
The Contract, Where You Have Made An On-Site Inspection Of The Time-share Project Before Signing The
Contract, And, If You Have Not Made Such An Inspection, Within Fifteen (15) Days From The Date Of The
Contract. If You Elect To Cancel, You May Do So By Hand Delivering Notice To The Seller Within The
Designated Period, Or By Mailing Notice To The Seller (Or His Agent For Service Of Process) By Prepaid
United States Mail Postmarked Anytime Within The Designated Period.”​

Authority:

​

​

T.C.A. §§66-32-112, 62-32-114 and 66-32-121. Administrative History: Original ruled filed April 17,​

1985; effective May 17, 1985. Amendment filed September 6, 1985; effective October 6, 1985.

Based on the fact that you have yet to locate recission instructions with your documents. I would ask for help setting asside the purchase from the state.​

​

​

 

[B O B]

Hi everyone!

First of all, I apologize for my bad english, 'cause Im brazilian.

I am in vacation in Florida now and recently (June 24) buy a timeshare. Later that day, I had a bad feeling and after found TUGBBS I was sure about my huge mistake!

Usually Im a smart guy, but in this case I was a complete idiot...

Well, now the mess is up and I have to clean it as soon as possible.

In June 25 (day-after) I typed (and printed) a letter, signed it and than posted through USPS Priority Mail with "Certified Mail" option (black and green receipt). I thought I was done with that, but tracking the item in USPS website, something apparently was wrong, probably the item will be returned (i dont no why) for me in Kissimmee, FL:

70123050000044137717
Priority Mail®
Arrival at Unit
June 29, 2013, 4:11 am
KISSIMMEE, FL 34746
Expected Delivery By:
June 26, 2013
Certified Mail™
Processed at USPS Origin Sort Facility
June 28, 2013, 10:28 pm
ORLANDO, FL 32824
Depart USPS Sort Facility
June 28, 2013
WARRENDALE, PA 15086
Processed through USPS Sort Facility
June 27, 2013, 8:40 pm
WARRENDALE, PA 15086
Depart USPS Sort Facility
June 27, 2013
CLEVELAND, OH 44101
Processed through USPS Sort Facility
June 27, 2013, 1:43 am
CLEVELAND, OH 44101
Depart USPS Sort Facility
June 26, 2013
ORLANDO, FL 32824
Processed at USPS Origin Sort Facility
June 25, 2013, 9:19 pm
ORLANDO, FL 32824
Acceptance
June 25, 2013, 3:46 pm
ORLANDO, FL 32819​

Because of that, I decided to type another 3 letters, for differents Westgate's adresses: Turkey Lake Rd, ORLANDO (Resort adress, where I visited); Windhover Dr., ORLANDO (contract's adress) and Old Winter Garden Rd., OCOEE (headquarters). Those 3 letters were posted in June 28 (in Miami) and I hope it get in July 1st.

It was the first time I used USPS services and Im worried to be doing something wrong, so I would like to check:

1) I can type and print the rescission letter (and sign), right? Or it should be hand-lettered?

2) In USPS I must use Priority Mail with Certified Mail receipt? (my doubt is because westgate could try the allegation that they received a package, but there was no rescission letter in there)

3) Could I try to send through Express Mail, which is faster? (my doubt is because the "certified mail" receipt (green/white) is only available for 1st class mail and priority mail. (my doubt is because here in TUG is always indicated to keep the "certified mail"receipt as proof)

4) Does anyone knows any West email address to send a message, telling that I posted 3 letters (only as a backup, to keep another proof)

5) Any advices are welcome. Im newbie in timeshare and Im newbie in USPS services, so I need some help.

Tks and sorry about the bad english!

 

[Patri]

I just read another thread here that mentioned maybe it is coming back because you sent it certified, and they refused to sign it. The law is still on your side, since you have proof you sent it. Do not open the letter but keep as evidence.

1. Typing is fine. Sign in your handwriting.
2. Don't know.
3. If doesn't matter how fast it gets there, only date of mailing.
4. Don't bother. But if you do, keep all email records.
5. Relax.

 

[Leah O.]

Westgate nightmare

We are on a family vacation as i speak and we got suckered in the SCAM at the westgate smoky mountain resort as of yesterday and go tomorrow for our breakfast and pick up our papers! I spent all night reading these horrible stories and decided we have made a terrible mistake! I am trying to decide the best way to handle this because I'm worried that I will mot beable to go in there and be nice especially my husband after reading what kind of people they are! Any suggestions? We will not be going home until Saturday and I want to get the cancelation started asap