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90 Days After Purchase. What to do?

mikekingz

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It has been 90-days since I was duped yet again to purchase with Westgate. This time, I gave up my time share in Orlando to get a "better deal" in Branson Missouri. I did not receive any copies of my purchase of contract until I recently requested the information through their website. I sat down and carefully read it through and through and man they have really changed it up. Before I was to receive a deed to said property in Orlando and today and I found out that they sold me a "TS Interest". Which I dont know how big of a difference that is from the other time-share. Needless to say, my question is, being that I do feel that I was scammed into thinking that I was purchasing something different that was stated on the contract, do any of you believe that I could send a "30 day demand letter" requesting that they cancel my contract because of unlawful acts and practices? I wont even bother requesting any monetary funds from them, just cancel my agreement and I will be done. Anyone out there with some advice regarding this?

I have considered seeking legal advice and might just take a consultation.

Help and advice is greatly appreciated. And thank you in advance.
 

Ty1on

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Is the contract they sent you different from the one you signed?
 

mikekingz

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No. It looks the same. The problem is that they didn't go over the fact that I was not getting a deed after the amount was paid in full. They did not notify me that I was purchasing a Time Share Interest. The sales guy pitched to me as an investment opportunity, I was in a hurry and initialed a line that says "I Understand that no representations have been made as to investment potential or resale potential", when that was not true. But they lucked out there cause I initialed it and signed at the bottom. Keep in my mind I am just finding this out now because I am carefully looking at it without the pressure of these sales guys trying to get you to sign. But I do believe it was still unlawful and deceitful. I was induced into signing a contract that made me believe think I was just getting something better, when in reality I was not.
 

tschwa2

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I believe TS interest just refers to the fact that your Branson unit is a float week vs the fixed deeded Orlando unit.

When you bought you should have received a folder or binder. Westgate typically includes a CD in one of the pockets with pdf's of all the contracts you signed. If you did not receive that you may want to write to rescind on the basis that you never received your contract info. Typically rescinding would get your money back but it would restrore your previous ownership.

Westgate did lose a lawsuit, I believe it was in Gatlinburg where the judge said the CD in the pocket wasn't adequate. I have a feeling Westgate is still trying to get that one overturned. Their MO seems to be to push the envelope as to doing what is legal/not legal and basically saying if you don't like it tough, go ahead and sue and then to through legal delay after delay hoping that the other party will give up and settle for very little.
 

mikekingz

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I just verified and there is nothing in there. The pocket is there but there is no CD. I was in a rush so I did sign things too quickly and did not take time to read everything but I believe that in the same rush that I was in they did not provide me with any copies of anything what so ever.

They did a deed back on the other property, are you sure I will keep my previous ownership? They even put on the contract a "military" discount and I am not even in the military.

So how should my rescind letter read in this particular case?
 

tschwa2

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In all likelihood, they are going to say that you did receive the CD and the burden of proof will likely be on you to prove you did not.

That being said, it couldn't hurt to try. Now that you have the contract info, it should have an address to send a rescission letter and instructions.

How do I rescind?
In your purchase papers there is a form explaining how to rescind. It may be entitled: "Notice of Mutual Right of Cancellation of Time Share Purchase." These instructions need to be followed exactly for your rescission to be legal and valid.
Sample rescission letter:
Gentlemen:

Regarding contract "123" for purchase of a timeshare at "ABC" resort. We are exercising our legal right to cancel this contract. We expect a full refund of our deposit of "$123." Do not make any additional charges to my credit card. Please confirm my legal rescission in writing.

Sincerely,

John Husband
Jane Wife
Along with the letter, send a copy of the main page of the contract.

Be sure you send your rescission letter using the exact form of mail/communication stated in the instructions - you may be required to FAX or mail your rescission - follow these instructions exactly.

You should include that you are rescinding now because you were never given copies of your contract which included your right to rescind.
 

mikekingz

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That's exactly what I was thinking. How can they prove that they did give it to me, and how can I prove that they didn't. And by not giving me my copies they also did not give me the adequate time and resources that I needed to look over my contract and make a better informed decision.

Should I include that as well?

I had not even opened that book with all the stuff they put in there until just recently. There is definitely no way that they gave to me. Big slip on their part, but the difficult part is proving it.

I know it doesn't help to try, and I will definitely give it a go. Any other advice you might have?
 
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