[ 2014 ] Cancelling a Westgate Timeshare [merged]

[mm2015]

10 calendar day cancelation

Passepartout - Thank you I will try it.

 

[KT10]

I am new to this site and have found it so helpful I will be writing my letter as soon as I get home (en route) and will be mailing it off first thing Tuesday morning as tomorrow is Columbus Day and post office will be closed I have a quick question though....

My husband did not have his idea on him therefore I did all paperwork and actually signed contract. They did give us a form to add him to deed, said when we got home to send a copy of his DL and they would handle the rest. Since his name is NOT on the contract he does not have to sign Letter to cancel contract, right?? Just wanting to make sure my ducks are lined up, I cross all T's, for all I's, and can prayerfully get out of a HUGE mistake. Thanks for all the advice given in this thread!!

 

[Passepartout]

KT10, Welcome to TUG!

I think that if the contract is just in your name, then that's the only name that needs to be on the rescission letter. If his name is on anything, though without ID reference, it wouldn't hurt to have his name on the rescission as well. Same would be for that form they sent along. If it has his name pre-filled in, have him sign the rescission.

Jim

 

[Pole D]

KT10, Welcome to TUG!

I think that if the contract is just in your name, then that's the only name that needs to be on the rescission letter. If his name is on anything, though without ID reference, it wouldn't hurt to have his name on the rescission as well. Same would be for that form they sent along. If it has his name pre-filled in, have him sign the rescission.

Jim

I agree. Having him sign can only help. If its not needed then no big deal. You just have an extra signature. If the opposite is true and its needed but not included then you'll run into trouble.

 

[mm2015]

10 calendar day cancelation

Hi,
I'm doing a follow up to the September 26, 2015 I posted stating - We just got a stamped copy of the "Warranty Deed and Lien on real property" we've had the timeshare since 2012. We've wanted to get rid of the timeshare for years. It's paid for and we are only paying for the yearly fees. We thought that this was a done deal until we received a call while we were this 9/23/15 stating that we had not signed for our "stamped" copy of our Deed. When we got back home and I was putting the copy with the other documents, I read this paragraph on the "Contract for purchase and sale" document "You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statues, whichever is later." My question comes for this part of that paragraph "OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU" Since we just received this required "stamped" copy of our deed do we still have time to cancel this contract?

I sent the recession letter Certified by the 9th calendar day, and they sent me a letter stating that I had missed the deadline, I sent another letter Certified stating that I had not missed the deadline and that I wanted our money back because we did not want to purchase a timeshare at their property, they began to call, we didn’t answer, so today we got a letter from them stating “they had received our correspondence requesting a transfer of title” we did not request that, since we were in our window of recession, we requested our money back.
The letter also stated that “we had to send them the name and address and phone number of the transferee along with $150.00, also in the last paragraph they a looted to, there may be other cost involved. We don’t know these people. It seems that this is just a scam to delay them returning our money. Can anyone give us your thought on this? Below is the letter that was sent to us.
_____________________________________________________________
October 29, 2015
Great Way Services
Attorney in fact for:
Mr. & Mrs. Theriot

Westgate GV at The Woods, LLC is in receipt of your correspondence requesting a transfer of title to your timeshare to a third party (the "transferee"). Since the Right of first refusal amendment does not apply to your unit, Westgate Resorts will be processing your request. In order to complete the transfer, Westgate requires that you submit the following documentation: (1) a copy of the recorded deed between you and the transferee and (2) the name, address and telephone number of the transferee. This will ensure that all mortgage, maintenance and tax bills are sent to the proper individual. You are also required to pay a processing fee of $150.00 to cover Westgate's administrative costs to complete the transfer of title. Please send this payment and the above-referenced information to:
Westgate GV at The Woods, LLC
c/o Resale Processing
2801 Old Winter Garden Rd
Ocoee, FL 34761

If applicable, Please be advised that pursuant to Florida Statute §721.15(7),
you will remain jointly and severally liable with the transferee for all
unpaid assessments that came due prior to the time transfer of title to your
timeshare. The transfer of title occurs on the date the deed is recorded.

Please reference csd # 7419541 on the coversheet for proper routing.
Sincerely,
Westgate GV at The Woods, LLC
Cc: Great Way Services
______________________________________________________

 

[Rach81]

advice needed please

Hi, I'm new to the forum, sorry for hijacking this thread but I am really in need of some advice. My boyfriend and I recently signed paperwork to purchase a westgate time share in Orlando. After spending 1 free night at the resort and going through the time share tour we thought it all sounded brilliant. We're from the UK and were on our first family holiday which cost us a fortune, so we thought we'd be saving money purchasing the time share since we were sure we want to keep returning to Orlando year after year. We were rushed into making a decision, given incentives to sweeten the deal, told to sign the paper work stating that we are married when in fact we are just boyfriend/girlfriend. Stupidly we went ahead and did all this. We only paid $300 with the remaining $16000 on credit..... although the sales person said he didn't even do a credit check on us, just gave us the credit there and then. Is this legit? Our first payment is due on the 24th of this month. I know we are out of the cooling off period now. This is something which wasn't mentioned at all and I've checked all the documents and there's nothing at all mentioned about it either. We arrived home on the 4th of this month and ever since then we have been calling and emailing westgate to try to get out of it with no luck at all. All we are told is just try it, book a week and see how it goes, if we still don't want any part of it then they have people who will help us sell it to someone else. Now after reading all the reviews I know this is utter lies! We just want out now before we lose any money. Could we just stop our cards and not pay them a penny? If we did that, would that affect our chances of getting back into the USA in the future? Any help or advice would be much appreciated.

 

[theo]

Too late...

Hi, I'm new to the forum, sorry for hijacking this thread but I am really in need of some advice. My boyfriend and I recently signed paperwork to purchase a westgate time share in Orlando. After spending 1 free night at the resort and going through the time share tour we thought it all sounded brilliant. We're from the UK and were on our first family holiday which cost us a fortune, so we thought we'd be saving money purchasing the time share since we were sure we want to keep returning to Orlando year after year. We were rushed into making a decision, given incentives to sweeten the deal, told to sign the paper work stating that we are married when in fact we are just boyfriend/girlfriend. Stupidly we went ahead and did all this. We only paid $300 with the remaining $16000 on credit..... although the sales person said he didn't even do a credit check on us, just gave us the credit there and then. Is this legit? Our first payment is due on the 24th of this month. I know we are out of the cooling off period now. This is something which wasn't mentioned at all and I've checked all the documents and there's nothing at all mentioned about it either. We arrived home on the 4th of this month and ever since then we have been calling and emailing westgate to try to get out of it with no luck at all. All we are told is just try it, book a week and see how it goes, if we still don't want any part of it then they have people who will help us sell it to someone else. Now after reading all the reviews I know this is utter lies! We just want out now before we lose any money. Could we just stop our cards and not pay them a penny? If we did that, would that affect our chances of getting back into the USA in the future? Any help or advice would be much appreciated.

Think paragraphs. They make reading and comprehension so much easier...

That observation aside, if you are past the 10 day contract rescission period provided by Florida law, you are now simply out of luck regarding cancellation, plainly and simply stated. Westgate is not going to voluntarily release you from a contract which you voluntarily (if unwisely) executed after the rescission period has expired.

If you choose to default (I am pointing out an option, not making a recommendation for you to do so), it will have no impact on your ability to enter the U.S. in the future, being merely a credit issue and not a security issue. If default (followed inevitably at some point by foreclosure) is your choice, you might consider very promptly cancelling the credit card(s) involved, so that no future charges can be placed upon it by others without your authorization or knowledge.

 

[Passepartout]

Rats! I hate it that those lying thieves got to another one. And that people will sign up for $16,000 of debt without taking 10 minutes to do a Google search and find this thread.

I guess we just can't save those who don't come looking for us in time to do something about it.

Jim

 

[Pole D]

Sorry you are having to go through this. It is an interesting situation. You should contact a lawyer or accountant in the UK and see how defaulting on something in the USA effects you in the UK. It will not prevent you from coming into the USA in the future.

Also I would bring up the fact that they told you to sign as a married couple but that you told them you were boyfriend/girlfriend. Maybe the threat of legal action will get them to reconsider their position. Although they do have many more lawyers than you do.

 

[mm2015]

10 calendar day cancelation

Hi Tugbbs members,

Please help I posted a follow-up concerning a letter I received from
Westgate! 11-7-15

Thanks,

 

[TUGBrian]

Dont follow your post mm? could you elaborate?

 

[LannyPC]

Any help or advice would be much appreciated.

Well I'm glad you came here for some advice, albeit a little late. One other thing we would advise you against is to watch out for scams aimed at owners like you. Some unscrupulous companies may now start contacting you with tempting offers such as "Cancel your mortgage", "End your maintenance fees", "Get out of your timeshare", "Sue the developer and/or its sales people", "Let us sell your timeshare for thousands of dollars to recoup your investment", etc.

Don't fall for any of these as these are usually scams. They'll take your upfront fee and do little or nothing for you. At best, they'll maybe contact the resort or sales people threatening and demanding that they take the timeshare back. We would recommend at least trying to send a rescission letter. Even if it's too late, it wouldn't hurt to try.

If you decide to go the route of not paying another penny (defaulting), I would let the lender and resort know saying sternly that that is what you are going to do. Just be prepared for any possible threats (mind you they usually are just that --- threats) of legal action, collection agencies, etc.

 

[mm2015]

I'm new to the site forgive all the mess ups.

 

[mm2015]

Dont follow your post mm? could you elaborate?

Hi,

Sorry I'm referring to the post I posted on November 7, 2015 at 12:04am titled "10 calendar day cancelation" it is a long one so I thought I could just refer to it. I new at this site. Below is what I wrote.

Hi,
I'm doing a follow up to the September 26, 2015 I posted stating - We just got a stamped copy of the "Warranty Deed and Lien on real property" we've had the timeshare since 2012. We've wanted to get rid of the timeshare for years. It's paid for and we are only paying for the yearly fees. We thought that this was a done deal until we received a call while we were this 9/23/15 stating that we had not signed for our "stamped" copy of our Deed. When we got back home and I was putting the copy with the other documents, I read this paragraph on the "Contract for purchase and sale" document "You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statues, whichever is later." My question comes for this part of that paragraph "OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU" Since we just received this required "stamped" copy of our deed do we still have time to cancel this contract?

I sent the recession letter Certified by the 9th calendar day, and they sent me a letter stating that I had missed the deadline, I sent another letter Certified stating that I had not missed the deadline and that I wanted our money back because we did not want to purchase a timeshare at their property, they began to call, we didn’t answer, so today we got a letter from them stating “they had received our correspondence requesting a transfer of title” we did not request that, since we were in our window of recession, we requested our money back.
The letter also stated that “we had to send them the name and address and phone number of the transferee along with $150.00, also in the last paragraph they a looted to, there may be other cost involved. We don’t know these people. It seems that this is just a scam to delay them returning our money. Can anyone give us your thought on this? Below is the letter that was sent to us.
__________________________________________________ ___________
October 29, 2015
Great Way Services
Attorney in fact for:
Mr. & Mrs. Theriot

Westgate GV at The Woods, LLC is in receipt of your correspondence requesting a transfer of title to your timeshare to a third party (the "transferee"). Since the Right of first refusal amendment does not apply to your unit, Westgate Resorts will be processing your request. In order to complete the transfer, Westgate requires that you submit the following documentation: (1) a copy of the recorded deed between you and the transferee and (2) the name, address and telephone number of the transferee. This will ensure that all mortgage, maintenance and tax bills are sent to the proper individual. You are also required to pay a processing fee of $150.00 to cover Westgate's administrative costs to complete the transfer of title. Please send this payment and the above-referenced information to:
Westgate GV at The Woods, LLC
c/o Resale Processing
2801 Old Winter Garden Rd
Ocoee, FL 34761

If applicable, Please be advised that pursuant to Florida Statute §721.15(7),
you will remain jointly and severally liable with the transferee for all
unpaid assessments that came due prior to the time transfer of title to your
timeshare. The transfer of title occurs on the date the deed is recorded.

Please reference csd # 7419541 on the coversheet for proper routing.
Sincerely,
Westgate GV at The Woods, LLC
Cc: Great Way Services
_________________________________________________

Thanks for any advise that can be given.

 

[Passepartout]

mm2015, If you are trying to rescind a timeshare you bought in 2012, it's is very unlikely they will let you rescind this. They have lots of lawyers. If you are willing to hire a lot of lawyers to fight them- with the penalty being that if you are unsuccessful, you'll get to pay their legal fees too, as well as still having the timeshare, go for it.

I don't know if this gives you any assistance.

Good Luck. They (Wastegate) are bad actors and don't let buyers off the hook easily.

Jim

You might be better off in the long run learn to use the timeshare as so many retail buyer TUG members have done, and when it's paid for, give it away.

 

[DeniseM]

Jim - He is hoping to rescind a timeshare he bought 3 years ago, on a technicality. Knowing Westgate, it's a reeeeal long shot:

I'm doing a follow up to the September 26, 2015 I posted stating - We just got a stamped copy of the "Warranty Deed and Lien on real property" we've had the timeshare since 2012. ……….

We thought that this was a done deal until we received a call while we were this 9/23/15 stating that we had not signed for our "stamped" copy of our Deed. When we got back home and I was putting the copy with the other documents, I read this paragraph on the "Contract for purchase and sale" document "You may cancel this contract without any penalty or obligation within ten (10) calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida statues, whichever is later." My question comes for this part of that paragraph "OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU" Since we just received this required "stamped" copy of our deed do we still have time to cancel this contract?

 

[Passepartout]

Ahhh. That's a different issue. Might be an uphill battle. I'll amend my earlier post. Thanks Denise.

 

[decadude]

Westgate is horrible like the worst of the worst. I called asking if they accepted deedbacks and they do but can cost up to $1500 to deed it back.


Talk about a worthless asset. Here we sold this to you for $30,000 and if you want to get rid of it then we will have to charge you $1500 but only if its paid off, lololololol

Needless to say I told the CSR on the phone this

"Please do not take this the wrong way I know you are working hard earning a paycheck and this is in no way directed at you, but the owners of Westgate are the biggest assholes and I honestly don't know how they can sleep at night."


:rofl:

 

[Passepartout]

the owners of Westgate are the biggest assholes and I honestly don't know how they can sleep at night."

Actually, I suspect they sleep quite well in America's biggest house. Check the movie, "Queen of Versailles". It's a little out of date now, as I suspect the house is somewhat closer to completion, though no 60,000 sq ft house can ever be done.

Jim

 

[decadude]

Actually, I suspect they sleep quite well in America's biggest house. Check the movie, "Queen of Versailles". It's a little out of date now, as I suspect the house is somewhat closer to completion, though no 60,000 sq ft house can ever be done.

Jim

figure of speech but yeah definitively speaking they are assholes who sleep well in a big house

 

[mm2015]

Just for conversation Jim and DeniseM, If it is a long shot why did we receive a letter as to them talking about a sell of the timeshare to someone else. Below is part of their letter that they (Westgate) sent to us.
______________________________________________________________________
Westgate GV at The Woods, LLC is in receipt of your correspondence requesting a transfer of title to your timeshare to a third party (the "transferee"). Since the Right of first refusal amendment does not apply to your unit, Westgate Resorts will be processing your request. In order to complete the transfer, Westgate requires that you submit the following documentation: (1) a copy of the recorded deed between you and the transferee and (2) the name, address and telephone number of the transferee. This will ensure that all mortgage, maintenance and tax bills are sent to the proper individual. You are also required to pay a processing fee of $150.00 to cover Westgate's administrative costs to complete the transfer of title.
________________________________________________________________________
Per their (Westgate) own Sales contract that clause is quoting Florida law. Like I state earlier the follow up to your post is just for conversation. Thanks

 

[DeniseM]

That communication looks to me like they sent you the wrong form letter.

I'm not an attorney, and I didn't sleep at a Holiday Inn last night, but:

Knowing their track record, it is unlikely that Westgate will let you out of a contract 3 years later, after you have been paying for it and using it (?) for 3 years.

In one lawsuit that comes to mind, someone sued them, and lost, because they made the payments and used the timeshare for 3 years, before the lawsuit, which meant that the buyers accepted ownership, in the eyes of the judge.

I feel your pain, but we hear similar stories often, and it is extremely rare to get out of a timeshare after the legal rescission period.

 

[mm2015]

Thank you DeniseM and Jim for you comments.

 

[JohnV8]

Westgate Timeshare

I didn't have such a bad experience buying a timeshare from Westgate Resorts in Orlando as I have read from others here. The sales person and closing agent were actually quite nice although they didn’t answer all of my questions to the level of detail that I would have liked, so I decided to do a little bit of research afterwards to see if I was really getting something that I would benefit from, and apparently I’m not. I already knew about the rescission period but when I got home I noticed that the CD copy of all the forms I signed wasn’t given to me. I don’t know if that was on purpose to make it harder to rescind or not. In any case I do have a paper copy of the Deed.

The address on the deed is:
Westgate Vacation Villas LLC
5601 Windhover Dr.
Orlando, FL 32819

Should I send the rescission letter there or to the address I keep seeing in the posts here:
2801 Old Winter Garden rd.

I also have a membership card with an address of: 7450 Sandlake Blvd
I also do not see a contract# on the limited info that I have since they didn’t give me the CD copy. I do have an account number though which may be the same thing, not sure.
Would I be covered if I send a copy of the deed along with the rescission letter?

 

[Passepartout]

Should I send the rescission letter there or to the address I keep seeing in the posts here:
2801 Old Winter Garden rd.

I also do not see a contract# on the limited info that I have since they didn’t give me the CD copy. I do have an account number though which may be the same thing, not sure.
Would I be covered if I send a copy of the deed along with the rescission letter?

This address.

The paper copy with all the appropriate numbers is in the hidden pocket accessible along the inside spine of the binder they gave you. (there is another thread about this) Send them a copy only.

Send the binder and junk back to the resort by cheapest means. Keep the receipt.

Stay off the phone with them- they will only try to save the sale by delaying you or berating you.

Welcome to TUG.

Jim