help me cancel!!

[Joinel N Harris]

Hello All!
I purchased a timeshare through Westgate ome July 6. we did not leave the full deposit and have until September 3 to complete the deposit. we have yet to receive the deed, however, I'm being told that I cannot cancel. am I unable to cancel because I signed the contract more than 10 days ago? I have yet to receive all documents. I havent technically closed the deal as per the excerpt below. any assistance is greatly appreciated!


. You may cancel this contract without any penalty or obligation within 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 Statutes, whichever is later. If you decide to cancel this contract, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to (Name of Seller) at (Address of Seller) . Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10-day cancellation period, is prohibited.

 

[Passepartout]

You had better be ready to play hard ball, because Wastegate will not give up easily. They are had enough to deal with inside Florida's 10 day rescission period. Outside that, it becomes a 'he said he didn't receive the contract', and them saying, 'All the documents are on the CD in the hidden pocket in the back of the folder'.

Good Luck!

Jim

P.S. Did you send a rescission letter? What was their response, and how did they communicate it with you?

 

[Joinel N Harris]

i haven't sent it as of yet. do i have any legal backing since I havent received the deed as of yet?

You had better be ready to play hard ball, because Wastegate will not give up easily. They are had enough to deal with inside Florida's 10 day rescission period. Outside that, it becomes a 'he said he didn't receive the contract', and them saying, 'All the documents are on the CD in the hidden pocket in the back of the folder'.

Good Luck!

Jim

P.S. Did you send a rescission letter? What was their response, and how did they communicate it with you?

I

 

[Passepartout]

i haven't sent it as of yet. do i have any legal backing since I havent received the deed as of yet?

Probably not. You wouldn't EVER get the deed before you'd paid the note off. I really hate bursting your bubble, but I think you waited about 21 days too long to send a letter and are very likely a new Wastegate timeshare owner. It wouldn't cost much to send Certified letter to the Ocoee Fl address, but the odds are not in your favor.

Sorry.

You're in good company. About half of TUGgers bought their first timeshare from the developer and didn't rescind in time. Our advice: Join TUG. Learn how to use what you bought.

Best Wishes.

Jim

 

[Joinel N Harris]

thank you Jim!

Probably not. You wouldn't EVER get the deed before you'd paid the note off. I really hate bursting your bubble, but I think you waited about 21 days too long to send a letter and are very likely a new Wastegate timeshare owner. It wouldn't cost much to send Certified letter to the Ocoee Fl address, but the odds are not in your favor.

Sorry.

You're in good company. About half of TUGgers bought their first timeshare from the developer and didn't rescind in time. Our advice: Join TUG. Learn how to use what you bought.

Best Wishes.

Jim

 

[tschwa2]

the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6)

The deed is not one of the required documents pursuant to section 721.07(6). If everyone could rescind 10 days after receiving the deed the rescission period would be in the 40-60 day range.