Help! Rescission For HGV in Las Vegas

[OhNoTheyGotMe]

Hello,

My wife and I sat through a presentation at the Elara in Las Vegas yesterday and unfortunately signed a contract. We definitely felt a bit duped and should have been better educated going in. We are heading back home tomorrow and are wondering if it would be best to go to the office in person to get the notice of cancellation processed or would it be enough to follow the process of sending it through mail when we get home? Has anyone else had any experience with cancelling their time share in Nevada? I know we have a five day period to send it. Any advice would be great appreciated. I definitely feel like an idiot for signing up.

Thank you!

 

[Passepartout]

Stay away from that sales room! No good can come of that- and it's the business office- NOT sales- that will process your rescission. The post office is closed today anyway, so have your letter written (hand written is fine) and ready to mail tomorrow. Unless your instructions are different, send it USPS Certified- or any means that gives you proof of mailing. Tracking is handy, too, but not legally necessary- the 'official' date is determined by the postmark, not when the letter is actually delivered.

Good Luck, and we're glad you found TUG!

Jim

 

[OhNoTheyGotMe]

Stay away from that sales room! No good can come of that- and it's the business office- NOT sales- that will process your rescission. The post office is closed today anyway, so have your letter written (hand written is fine) and ready to mail tomorrow. Unless your instructions are different, send it USPS Certified- or any means that gives you proof of mailing. Tracking is handy, too, but not legally necessary- the 'official' date is determined by the postmark, not when the letter is actually delivered.

Good Luck, and we're glad you found TUG!

Jim

Thank you so much! Do you think I should include a copy of the contract in the cancellation letter? I was provided a “Time-Share Notice of Cancellation” document and it states “The notice of cancellation may be delivered personally to the developer, sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service, to the business address of the developer.”

It also states: “As provided under Nevada Revised Statutes 119A.410, the purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right. The developer shall, within 20 days after receipt of this notice of cancellation, return all payments made by the purchaser.”

It then includes the address to send it to, as well as spaces to state the contract number, and spaces to sign for the purchasers.

Would sending just this notice suffice through certified mail suffice? Do I need to write a letter of intent?

My wife and I opened new credit cards and split the down payment between the two. The cards are fine and have pretty good benefits (we were in the market for travel cards). Should I include any of that information in my letter? I’m just trying to be as foolproof as possible. The realization that it’s not a great deal for us hit us like a ton of bricks and we’re freaking out.

Thanks again!

 

[RX8]

I definitely feel like an idiot for signing up.

Thank you!

You are definitely not an idiot. After signing you had the smarts to question the purchase and research. There are many people that sign up at the presentation and never bother to read the contract or research what they just purchased until it was too late. These people ended up as frustrated and unhappy timeshare owners (with less money in their pocket).

 

[vacationtime1]

You and your wife must both sign the rescission letter (and anyone else who may have signed the purchase agreement with you).

Let me add: you weren't duped; you researched enough to rescind in a timely manner.

 

[RX8]

The letter can be as simple as “we are exercising our right to cancel the timeshare purchase”. The letter should include your names, addresses, contract # (if there was one) and the original date of purchase. You do not need to include a copy of the contract but you can do so if you wish. You do not to say why you are cancelling. All parties to the contract need to sign the letter. The contract will be voided and refunds will be be made to the original form of payment, in your case to two separate credit cards. They do not need to advise you that they have processed the rescission nor do they need to speak to you before processing. If you get a call, it will only be to try and talk you out of it.

As long as you follow the instructions in the contract the rescission will be processed. Timeshare companies are contractually required to do so, and may violate state laws if they do not.

 

[geist1223]

One time we rescinded d by delivering the Written Notice of Recission in person. We both signed but only I delivered it. We did it this way because we would be in San Jose del Cabo for another 3 weeks. I did not take a Credit Card with me. It was Grand Mayan in San Jose del Cabo. It took hours. I ended up having to meet with 3 levels of Management. The .last was the Senior Executive in San Jose del Cabo.

 

[JohnnyO]

Great job researching, realizing your predicament and now taking action to rescind. If you like HGVC there are plenty of resales available at much better price points. Take your time and study your options and think hard about what you really want out of timesharing. Also when you get the chance tell us what your "deal" was so we can all learn what they're pitching lately. And TUG keeps track of how much $$ "we" save people like you.

 

[TUGBrian]

Congrats on rescinding in time to save thousands of dollars!!!

all that money saved will make for some amazing vacations for you and your family!

 

[OhNoTheyGotMe]

Thank you everyone for all of the kind words, and the advice! It is an annual points plan, we signed up for 5000 points. It’s $22000 for the plan in principle. Definitely wanting to get out of it!

 

[Passepartout]

Thank you so much! Do you think I should include a copy of the contract in the cancellation letter? I was provided a “Time-Share Notice of Cancellation” document and it states “The notice of cancellation may be delivered personally to the developer, sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service, to the business address of the developer.”

It wouldn't hurt to send a copy of the signature paqe for ID purposes.

The term 'Rescission' means to set affairs back to before the contract was entered. That would mean that the credit cards that were initiated with the sale would automatically be cancelled too. That deal is between you and the issuer.

There are some good travel cards. Consider ones that have air miles, no international exchange fees, or include some form of travel insurance. I use both Capital One for miles exchangeable through Amazon or any travel related expenses- and Alaska Air for it's free Companion Fare with each renewal. Ymmv.

Jim

Would sending just this notice suffice through certified mail suffice? Do I need to write a letter of intent?

My wife and I opened new credit cards and split the down payment between the two. The cards are fine and have pretty good benefits (we were in the market for travel cards). Should I include any of that information in my letter? I’m just trying to be as foolproof as possible. The realization that it’s not a great deal for us hit us like a ton of bricks and we’re freaking out.

Thanks again!

 

[dioxide45]

The term 'Rescission' means to set affairs back to before the contract was entered. That would mean that the credit cards that were initiated with the sale would automatically be cancelled too. That deal is between you and the issuer.

Did you mis-type this? The deal on the credit cards is a separate application bound by different terms. The credit cards are not automatically cancelled. Any charges made to the card would be refunded.

 

[4TimeAway]

Thank you everyone for all of the kind words, and the advice! It is an annual points plan, we signed up for 5000 points. It’s $22000 for the plan in principle. Definitely wanting to get out of it!

Do your best to rescind ASAP. Sounds like you have the contract and can confirm the steps needed to make that happen. (seriously READ the contract and make it happen).!!!

Then learn the options.

I personally believe timeshares (resale) are the best for 99% of people and that most people if they are willing to invest some time into understanding the game and why. (Hint: We all need to take vacations, we all take vacations, but more importantly, more and better vacations are possible).

Sorry you have to deal with this setback, but hope you'll learn the timeshare game and make it work for you!

 

[Passepartout]

Did you mis-type this? The deal on the credit cards is a separate application bound by different terms. The credit cards are not automatically cancelled. Any charges made to the card would be refunded.

I typed what I understand- that the 'deal' with the credit card issuer is separate from the timeshare purchase. The OP can terminate their newly issued credit cards- though that may cause a hiccup to their credit score. They also said that they were 'shopping' for travel cards when they attended the presentation. To borrow from Alan Cole, Mox-Nix to me.

 

[OhNoTheyGotMe]

Also, do you know if I need to send the USB drive back to them?

 

[Passepartout]

Also, do you know if I need to send the USB drive back to them?

I don't see the need. They can make another if they need the info it contains. If they gave you anything as a premium for buying, say 'Promotional Materials to be returned under separate cover' then send it back by the cheapest means. If you got tickets or coupons for attending the presentation, that's yours.

 

[OhNoTheyGotMe]

I don't see the need. They can make another if they need the info it contains. If they gave you anything as a premium for buying, say 'Promotional Materials to be returned under separate cover' then send it back by the cheapest means. If you got tickets or coupons for attending the presentation, that's yours.

There was a page that stated this. I don’t think it changes anything but I just wanted to be extra cautious.

 

[dioxide45]

There was a page that stated this. I don’t think it changes anything but I just wanted to be extra cautious.

It shouldn't. The USB is your copy of the contract. Just as if it was paper. You wouldn't return the paper contract, so no need to return the USB. Now if they gave you a tablet or other gift for purchase, or even lots of big books and educational literature, then you should return those.

 

[Passepartout]

There was a page that stated this. I don’t think it changes anything but I just wanted to be extra cautious.

We are glad you found TUG in time to save yourself north of $20,000 bucks. There are thousands of TUG members who feel that timesharing is a great way to vacation- especially if you can have full apartments in luxury locations for Motel 6 prices. If- after the memory of purchasing and recission has faded, and timeshare still interests you, c'mon back. We can show you how to do it and save thou$and$. We'd appreciate if you spent the $15/yr to actually join as a member. It opens some areas of the site and stops the annoying ads. And TUGBrian needs the money.

Jim

 

[OhNoTheyGotMe]

It shouldn't. The USB is your copy of the contract. Just as if it was paper. You wouldn't return the paper contract, so no need to return the USB. Now if they gave you a tablet or other gift for purchase, or even lots of big books and educational literature, then you should return those.

Thank you!

 

[OhNoTheyGotMe]

We are glad you found TUG in time to save yourself north of $20,000 bucks. There are thousands of TUG members who feel that timesharing is a great way to vacation- especially if you can have full apartments in luxury locations for Motel 6 prices. If- after the memory of purchasing and recission has faded, and timeshare still interests you, c'mon back. We can show you how to do it and save thou$and$. We'd appreciate if you spent the $15/yr to actually join as a member. It opens some areas of the site and stops the annoying ads. And TUGBrian needs the money.

Jim

Thank you very much, Jim! You guys have been amazingly helpful. I definitely have a lot to learn about this timeshare game. Once the taste of this experience is out of my mouth, I will be coming back to learn more. I have been browsing and have found the information on this forum to be really interesting.

 

[dioxide45]

Another sneaky thing they did was sell you Hilton Vacation Club (HVC) trust points which is really just an old Diamond Resort trust based points product. It doesn't work well to book Hilton Grande Vacations Club resorts and certainly can't be used for HGVC properties at 9 months out. You could only book the HGVC properties using HGV Max at six months and that is mostly leftovers. Your best option is to seek out a good HGVC resale deeded week. More information about that can be found in the HGVC forum here on TUG.

 

[OhNoTheyGotMe]

Another sneaky thing they did was sell you Hilton Vacation Club (HVC) trust points which is really just an old Diamond Resort trust based points product. It doesn't work well to book Hilton Grande Vacations Club resorts and certainly can't be used for HGVC properties at 9 months out. You could only book the HGVC properties using HGV Max at six months and that is mostly leftovers. Your best option is to seek out a good HGVC resale deeded week. More information about that can be found in the HGVC forum here on TUG.

Wow, that’s crazy! I feel completely blind-sighted. I’m driving home tomorrow morning and will try to send my letter ASAP!

 

[dioxide45]

Wow, that’s crazy! I feel completely blind-sighted. I’m driving home tomorrow morning and will try to send my letter ASAP!

I recommend sending your rescission letter via two forms of delivery. You don't want to chance twenty thousand bucks to the USPS. You need to ensure proof of mailing. Many people recommend USPS Certified Mail. This provides proof of mailing as well as tracking with proof of delivery. It should be noted that USPS Certified Mail is slow and it can be stressful waiting for it to be delivered. We've seen several posts here over the past year where people were saying their rescission letter was taking a long time to get delivered. While rescission is based of post mark date, waiting can be nerve wracking.

The best thing to do is send one letter as USPS Certified Mail then a second as USPS First Class Mail (stamp) with Certificate of Mailing. The USPS First Class Mail with Certificate of mailing only costs about $3 and is usually much faster than Certified Mail. Just be sure you are using a stamp on the envelope. When you do the USPS will provide you with form 3817 which they stamp with a postmark as your official proof that you mailed an item on that date.

 

[OhNoTheyGotMe]

I recommend sending your rescission letter via two forms of delivery. You don't want to chance twenty thousand bucks to the USPS. You need to ensure proof of mailing. Many people recommend USPS Certified Mail. This provides proof of mailing as well as tracking with proof of delivery. It should be noted that USPS Certified Mail is slow and it can be stressful waiting for it to be delivered. We've seen several posts here over the past year where people were saying their rescission letter was taking a long time to get delivered. While rescission is based of post mark date, waiting can be nerve wracking.

The best thing to do is send one letter as USPS Certified Mail then a second as USPS First Class Mail (stamp) with Certificate of Mailing. The USPS First Class Mail with Certificate of mailing only costs about $3 and is usually much faster than Certified Mail. Just be sure you are using a stamp on the envelope. When you do the USPS will provide you with form 3817 which they stamp with a postmark as your official proof that you mailed an item on that date.

Thank you! This is super helpful. Do you think it will be enough to include 1) the official Nevada cancellation form that was provided in my document signed by myself and my wife and 2) a letter written stating intent and signed by myself and my wife (I followed a template I found on a thread here)?

I’m oscillating between including a part of the contract in the envelope but I don’t know what individual part of the contract would suffice. I would assume a part with our signatures. The contract is long.