[ 2014 ] Cancelling a Westgate Timeshare [merged]

[chalee94]

Are there any timeshare companies that are actually honest with their customers? As in, buying from them is actually a good experience?

Disney salespeople have the occasional issue with mild stretching of the truth, but I would have to imagine Disney is the best in the industry. (Doesn't hurt that if you need to resell, the Disney timeshares hold 70% or so of their value.)

 

[theo]

Are there any timeshare companies that are actually honest with their customers? As in, buying from them is actually a good experience?

For the most part, with few exceptions, the answer is no. A different question to consider is why limit yourself to buying developer-direct in the first place?

After you make the effort to do some homework (...yes, it takes time and patience, but TUG is a great site to acquire a solid timeshare education), your efforts will help you develop a good feel and focus for exactly what you might want (fixed week? floating week? where? a pure points contract with no particular resort or location attachment?, etc.) you can likely find that product offered somewhere in the resale market for mere pennies on the dollar.

I respectfully submit that it's better and cheaper to acquire what you want in the resale market, as opposed to grossly overpaying for something force-fed to you by aggressive and deceitful developer sales weasels, peddling what they want you to buy. Their force fed product may prove to never serve you particularly well (...such as the Westgate "product" you are currently and wisely escaping ---and which becomes literally worthless in the resale market as soon as the rescission period ends). You're really dodging a bullet here; kudos to you.

Btw, consider that any and every timeshare unit anyone ever occupies is, by definition, a "used" product. There is simply nothing particularly smart or beneficial in unnecessarily overpaying big bucks to a developer to gain access to the same timeshare units and intervals that you can likely find on your own in the secondary market for a whole lot less money.

Just my own verbose $0.02 worth --- you asked.

 

[lax23eo]

Hi Everyone,

I just wanted to take this opportunity to say "Thank You" for all the advises on this forum. I have a lot to learn before committing to one. I got pressured into buying a floating week at Westgate Park City, UTAH. I was sold on the idea that Westgate Park City had more value than other resorts owned by the same company. 1 week at Park City is equal to 2 weeks which can be split up somewhere else to my understanding. Since I have a schedule that allows me to take vacations throughout the year if planned accordingly, this sounded like a good idea and was sold. As soon as I went back to the hotel, I did my research and had buyers remorse when I discovered other timeshares with the same company selling for thousands less! This killed me during our vacation. They didn't give me any paperwork of the contract, just copies on a CD-R, an imitation iPad to do my bookings, and a binder. I had to wait until I got home to get a closer look at the contract. At home, my laptop couldn't read the disc and started to worry. I tried contacting them (the ones that sold me the timeshare) via text to see if they could send it to me PDF but no one would give me an e-mail right away. I was given the run around, I was told that corporate is aware of my concerns and that they will get back to me which corporate never did. I managed to get my laptop to read the CD-R. I carefully went through the documets and took note of the resciccion period...I have 24hrs to spare. I was relieved. I also read somewhere that there is a hidden pocket in the binder that has directions on how to cancel, I found the pocket but was empty. I used a template on this forum to write my resciccion letter that was helpful. Instead of using "Florida statues" I used Utah Statues since thas where my timeshare was bought and is located in, I hope I did it right. The certified mail w/ receipt was mailed prior to this post. I hope my outcome is favorable like everyone else's that managed to beat the deadline. I'll update when I can.

 

[Iggyearl]

Congratulations!! You are a quick thinker and a great problem solver. Sounds like you did fine. If the salesman calls, just let it go to voice mail. You will get your refund in the time period required by law. TUG is a great resource for everything "timeshare." You can always buy a timeshare on the resale market. You might want to learn more about the different systems. Many TUG members prefer systems other than Westgate.

 

[theo]

Instead of using "Florida statutes" I used Utah statutes since that where my timeshare was bought and is located in, I hope I did it right. The certified mail w/ receipt was mailed prior to this post. I hope my outcome is favorable like everyone else's that managed to beat the deadline.

Utah rescission period is 5 days, whereas Florida rescission period is 10 days. I hope that your reference above to two different states (and your posting in the Florida forum) does not imply that you believed (incorrectly) that you had 10 days to rescind a contract executed in Utah.

If you got your rescission correspondence postmarked within the 5 days allotted, congratulations and well done. You've dodged a bullet.

Westgate is notorious for being "creative" in making it difficult for people to learn about their rescission rights, but if you have overcome those deliberately placed hurdles and obstacles, you need not "hope". The law is on your side (remember, rescission right is the law; it is not a developer choice or a voluntary act of benevolence). Fortunately, even the slimy and deceitful likes of Westgate will always comply with the law in a properly and timely submitted rescission.

Good on 'ya! The best Christmas present you could give yourself this year is staying far, far away from the likes of "Wastegate". The properties themselves are fine, but their people and their company practices (including punitive constraints imposed on resale purchases, rendering them worthless) are simply "the pits".

 

[lax23eo]

Utah rescission period is 5 calendar days, whereas Florida rescission period is 10 days. I hope that your reference above to two different states (and your posting in the Florida forum) does not imply that you believed (incorrectly) that you had 10 days to rescind a contract executed in Utah.

If you got your rescission correspondence postmarked within the 5 calendar days, congratulations and well done. You've dodged a bullet.

Westgate is notorious for being "creative" in ways to make it difficult for people to learn about their rescission rights, but if you have overcome those deliberately placed hurdles and obstacles, you need not "hope". The law is on your side (remember, rescission right is the law; it is not a developer choice or a voluntary act of benevolence). Fortunately, even the slimy and deceitful likes of Westgate will always comply with the law in any proper and timely submitted rescission.

Good on 'ya! The best Christmas present you could give yourself this year is staying far, far away from the likes of "Wastegate". The properties themselves are fine, but their people and their company practices (including punitive constraints imposed on resale purchases, rendering them worthless) are simply "the pits".

My apologies to posting in the Florida Forum. I Googled "Westgate Cancel Timeshare" and this is how I found this wonderful forum! I read all the comments and added my experience.

This is what I quoted from the contract that I put in my Rescission letter:
PURCHASERS RIGHT TO CANCEL: "YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY CANCELLATION FEE OR OTHER PENALTY BY HAND DELIVERING OR SENDING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR A DELIVERY SERVICE THAT PROVIDES PROOF OF DELIVERY, WRITTEN NOTICE OF CANCELLATION TO THE DEVELOPER. THE NOTICE MUST BE DELIVERED OR POSTMARKED BY MIDNIGHT OF THE FIFTH BUSINESS DAY FOLLOWING THE DAY ON WHICH THE AGREEMENT IS SIGNED. IN COMPUTING THE NUMBER OF BUSINESS DAYS, THE DAY ON WHICH THE CONTRACT IS SIGNED IS NOT INCLUDED." (57-19-12, UTAH CODE)

I wonder if Saturday/ Sunday is considered a business day? If not, weekends and holidays shouldn't count? Calendar days would make me ineligible to rescind my contract . The language in the above quote used "business days" and doesn't specify if weekends count or not. Are they open 7 days a week?

 

[Passepartout]

I wonder if Saturday/ Sunday is considered a business day? If not, weekends and holidays shouldn't count? Calendar days would make me ineligible to rescind my contract . The language in the above quote used "business days" and doesn't specify if weekends count or not. Are they open 7 days a week?

I believe that for these purposes, Sunday would not be considered a business day. (I just read your original post) It appears you got a letter in the mail already, so you've been proactive and done what you could. Keep your fingers crossed that Wastegate gives you a gift instead of a lump of coal.

 

[theo]

I wonder if Saturday/ Sunday is considered a business day? If not, weekends and holidays shouldn't count? Calendar days would make me ineligible to rescind my contract . The language in the above quote used "business days" and doesn't specify if weekends count or not. Are they open 7 days a week?

If your certified mail rescission was postmarked within 5 days of contract execution (day 1 is the day after contract execution date), that's all that matters.
It does not matter at all when they actually receive the rescission. Postmark date on your rescission correspondence is all that matters, and the date stamped receipt issued to you at the USPS counter is your hard copy documentation of having met the 5 days rescission deadline.

Fwiw, I agree with Passepartout that Sunday is unlikely to be regarded as a business day, but Saturday might be another matter. I would speculate that Saturday (unlike Sunday) may be just like any other weekday "business day" to Westgate, but I would be glad to be mistaken. You can likely dig up a specific definition of "business day" somewhere within the applicable state law.

In any case, you've done all that you can do and I hope that you are able to permanently escape the clutches of sleazy and slimy Wastegate. It was no accident that you received a indecipherable CD-R instead of hard copy that you could just sit down and read. It was also no accident that you later got a unhelpful and unresponsive song and dance routine and runaround when attempting to get clarification on rescission. All of those Westgate machinations are an integral part of their strategy to have the clock run out on purchasers who later have buyer's remorse and then seek to initiate contract cancellation.

Frankly, I cannot fathom how / why the law allows a CD-R to be provided in place of "hard copy" for legal notice of rescission rights. I'm betting that many people (some seniors, to cite just one example) may not actually be able to access the CD-R contents at all or, or anyone travelling with a laptop without CD / DVD capability, making it viewable only when they get back home --- by which time the buzzer may have sounded indicating "game over" --- too late to rescind. That's willful, carefully planned outright deceit by Wastegate, in my book. I have never heard of any other developer (in the U.S., anyhow --- Mexico's a different story) working that hard or stooping that low to deliberately conceal from buyers their legal rights pertaining to contract rescission.

 

[lax23eo]

Thanks for your support everyone. This means a lot to me. I feel like I'm in the clear.

I found this link to clarify "business day" by Utah law.

https://le.utah.gov/xcode/Title57/Chapter19/57-19-S2.html?v=C57-19-S2_2016051020160510


Effective 5/10/2016
57-19-2. Definitions.
As used in this chapter:57-19-9 or by a division rule made under this chapter.
(4) "Association" means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers.
(5) "Business day" means a day other than a Saturday, Sunday, or state or federal holiday.

I feel much better about this mess that I put myself in.

 

[Passepartout]

(5) "Business day" means a day other than a Saturday, Sunday, or state or federal holiday.

Excellent! Thanks for digging up the clarification.
If YOU feel good about it, then WE feel good too. That's why we're here.

Jim

 

[lax23eo]

Hi everyone. Just wanted to provide an update. Thanks to this forum, I was able to rescind my contract with Westgate. It took a while to see my full deposit refunded on my credit card. I was checking my account on a regular basis which probably didn't help. I'm just glad this ordeal is over and done with. Thank you again!

 

[Passepartout]

Hi everyone. Just wanted to provide an update. Thanks to this forum, I was able to rescind my contract with Westgate. It took a while to see my full deposit refunded on my credit card. I was checking my account on a regular basis which probably didn't help. I'm just glad this ordeal is over and done with. Thank you again!

Good News! Congrats!

 

[PorkyChop]

Hello everyone.

So glad I found this site. The information I gathered by reading all of these posts is amazing. I did exactly what everyone has said to do and mailed the letter certified mail before I even left Florida this morning. Today is the 5th day. So I am well within the 10 day period.

I have seen that you keep track of how much this site has saved people. You saved me 8k and a life time of fees. Thank you so much.

 

[Gcandela23]

Thank you all so much for the info! I too had gotten a timeshare and because of the info here I was able to send in my canellation letter. I sent a letter along with all the material they gave me back to the 2801 Winter Garden Rd. Just waiting to hear back.

 

[Passepartout]

Thank you all so much for the info! I too had gotten a timeshare and because of the info here I was able to send in my canellation letter. I sent a letter along with all the material they gave me back to the 2801 Winter Garden Rd. Just waiting to hear back.

Congratulations! Welcome to TUG. It may be up to 45 days before you see the refund, and they are under no obligation to notify you of the progress of the rescission. It's stressful, but they HAVE to process your timely rescission. It's the LAW and not a courtesy.

Jim

 

[taterhed]

Thank you all so much for the info! I too had gotten a timeshare and because of the info here I was able to send in my canellation letter. I sent a letter along with all the material they gave me back to the 2801 Winter Garden Rd. Just waiting to hear back.

Hello everyone.

So glad I found this site. The information I gathered by reading all of these posts is amazing. I did exactly what everyone has said to do and mailed the letter certified mail before I even left Florida this morning. Today is the 5th day. So I am well within the 10 day period.

I have seen that you keep track of how much this site has saved people. You saved me 8k and a life time of fees. Thank you so much.

Congratulations and welcome to TUG. Consider joining; best $15 you'll ever spend.

Lot's of info here on how to buy, what to buy and if timeshares are right for you.
Take a look in the 'new to timesharing look here' section


cheers.

 

[Gcandela23]

Congratulations! Welcome to TUG. It may be up to 45 days before you see the refund, and they are under no obligation to notify you of the progress of the rescission. It's stressful, but they HAVE to process your timely rescission. It's the LAW and not a courtesy.

Jim

Thank you so much Jim! I really appreciate you posting and letting me and everyone know the process! I’ve looked up a lot of different t forums here to get as much info and I see you have the answers! Really appreciate that! I
Hope I am able to do the same for someone else!

 

[Gcandela23]

Congratulations and welcome to TUG. Consider joining; best $15 you'll ever spend.

Lot's of info here on how to buy, what to buy and if timeshares are right for you.
Take a look in the 'new to timesharing look here' section


cheers.

How do I join? What is the difference between joining and what I signed up for?

 

[Karen G]

How do I join? What is the difference between joining and what I signed up for?

See this https://saas.shopsite.com/tug2/tugsecurepayment.html for how to sign up as a member on TUG. As a guest you can read and post, but as a member you have access to all the TUG reviews, which is valuable in determining which resorts you'd like to visit and/or own. Also, you get up to 25 free ads in the Marketplace.

 

[taterhed]

And, it helps keep this wonderful resource operating smoothing--without 1000's of ads--saving folks a ton of money and helping folks have great vacations!

Love 'me some TUG!

 

[Charinel mendez]

Wastegate's "Secret Pocket"



Here is information about the Wastegate "secret pocket" to help you find the documents:

http://tug2.net/timeshare_advice/westgate-cancellation-secret-pocket.html

Hi everyone I did the mistake of not doing checking online about this time share I have my on April 21 2018 went we got home we start searching for this beautiful westgate in Kissimmee but in you tube the video was not nice so we start getting worry so we did not set any cancellation paper but looking we found the yellow envelope and in there was the contrat we 10 days of cancalection so boing my search I found this web tugbb.com
Learn about the letter you need to sent and were we did and they sent me a letter Saying we can not cancel your contract so I need a number of a lawyer from Orlando Florida please if you know of any let me know and what is the price the lawyer charges to cancel your time share

 

[Charinel mendez]

A minor point of clarification...



The FTC has no say or any other involvement in this particular matter of contract rescission. Are you maybe confusing this issue with the "Do Not Call" list, which is administered (...very poorly and ineffectively, I might add) by the FTC?

The right to rescind a developer-direct timeshare purchase is instead a matter of state law. This is exactly why there is such a wide range of rescission time periods among different states throughout the U.S., ranging from none at all, with most being 5-7 days, 10 days in Florida, up to 15 days (but that long only in Alaska).

Nonetheless, rescinding in time is certainly always a good thing.

 

[Charinel mendez]

Hi I was late for 3 days after the 10 day period they have this is why I need a lawyer to cancel.here is the letter they sent me

 

[jwalk03]

No lawyer can magically get you out of the contract that you legally agreed to. Sorry for the bad news, but late is late, the law only gave you 10 days to cancel the contract you freely agreed to.

You can default on the loan and stop paying them (likely the best option you have at this point), but understand that there may be negative credit consequences if you chose this route.

Just DON'T fall for the upfront fee "lawyers" and scammers that promise to get you out of your legally binding contract for large upfront money. They will just rip you off, and you will still be a very unhappy Westgate owner with even less money.

 

[theo]

...we start getting worry so we did not set any cancellation paper but looking we found the yellow envelope and in there was the contrat we 10 days of cancalection... they sent me a letter Saying we can not cancel your contract so I need a number of a lawyer from Orlando Florida please if you know of any let me know and what is the price the lawyer charges to cancel your time share

As others (and Westgate itself) have already noted, you acted too late to cancel a contract signed on April 21. Paying a lawyer is not going to change that fact --- and rest assured that Westgate has capable lawyers looking out for them. Florida state law provides 10 days to rescind (cancel) a timeshare contract, but you did not cancel during the 10 days time frame.

It may be hard to accept, but as others have also already noted your best bet now might be to just wave goodbye to your deposit and pay nothing more from this point forward, defaulting on the loan. That's a difficult decision and one with potential negative credit report consequences, but keep in mind that what you purchased has no real value in the resale market anyhow --- so why spend even more money for something that you probably couldn't even give away for free, even if it was already fully paid off?