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Help, Westgate

blackjappa

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Hi
Have just returned from Florida and have bought a Westgate timeshare. Already decided while still in Florida that I had made a huge mistake and told them so the next day. I was told that Florida state will allow 10 days to cancel but that the developer will make charges and that it will cost me money to get out of the deal and she couldn't tell me how much. They offered me a cheaper package because of this. I'm now home and I want out if at all possible. I have an appointment with citizens advice tomorrow as I am scared to do anything in case I end up paying out more in the long run. I was told the developer will charge me for meals and limo services and for costs incurred. The package I have at the minute is a 2 bed 2 bathroom every other year and it cost 6900 dollars. I have no experience of timeshare so I don't know if this is a good deal in comparison with whats on offer. After researching when I got home it seems Westgate do not have a very good reputation and I am extremely worried.
 

gmarine

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Rescind and follow the instructions to do so exactly as required. There are no charges to rescind. Two bedroom two bath WG units go for next to nothing on EBAY so rescind ASAP.
 

aliikai2

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Look over you paperwork, there will be a form or

an area that explains exactly how to Rescind this purchase.

Please follow the instructions EXACTLY!!

Most times it is as simple as writing a letter, explaining that you wish to cancel this purchase.

Most require that the letter be mailed, so use a service that furnishes you with proof of delivery.

Get it done asap.

If you took advantage of anything free as a benefit of this purchase, they may deduct the retail value of that item from any refund you may have coming.

You are very lucky to have found this out now, you can by any Westgate resort for under $500 on ebay!!!


fwiw,

Greg
 

DeniseM

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Here is a How to Rescind FAQ that I wrote for another timeshare company, but except for that, everything in it applies to your situation.
 

Karen G

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If you took advantage of anything free as a benefit of this purchase, they may deduct the retail value of that item from any refund you may have coming.
Aren't the freebies that are offered in exchange for attending a timeshare presentation still "free?" The buyer fulfilled his part of the deal by attending the presentation and should be entitled to the things that he was offered for doing so.

What kinds of "free" things would be tied to the actual purchase? And if something is purported to be "free" wouldn't that be considered a gift and ownership has passed from the giver to the receiver?

So glad the OP found TUG in time to rescind and if he follows the rescission instructions exactly, it surely seems to me that he's entitled to any deposit or payment he made at the time the deal was made.
 

jdb0822

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westgate is just trying to scare you into keeping your purchase. Threatening to charge you if you don't do as they want. Ironically, this will still be the threat even if you keep your purchase.

Rescind immediately.
 

Patri

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blackjappa, you can rescind with no worries. The threats they gave you are new to me and idle chatter.
Denise's recision letter is good, just a simple statement. However, I don't see the need for them to call you. Get a return receipt requested when you mail the letter as that is proof of the date mailed, and you are all set. If they call you I would imagine they will just try to get you to take back your recision.
 

aliikai2

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Yes and no

Sometimes they will give additional items, i.e. free dinners, additional theme park tixs, used as a last inducement to complete the sale, etc.

If none of those additional items were given, then they have every right to expect a full refund.:clap:

Greg

Aren't the freebies that are offered in exchange for attending a timeshare presentation still "free?" The buyer fulfilled his part of the deal by attending the presentation and should be entitled to the things that he was offered for doing so.

What kinds of "free" things would be tied to the actual purchase? And if something is purported to be "free" wouldn't that be considered a gift and ownership has passed from the giver to the receiver?

So glad the OP found TUG in time to rescind and if he follows the rescission instructions exactly, it surely seems to me that he's entitled to any deposit or payment he made at the time the deal was made.
 

Karen G

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Sometimes they will give additional items, i.e. free dinners, additional theme park tixs, used as a last inducement to complete the sale, etc.
At last! A chance to use this new smilie:deadhorse: Maybe I am just "beating a dead horse" but I think I'd really fight it if the developer tried to deduct "free" dinners, tickets, or whatever. If those things aren't "free" don't call them "free." If they are add-ons to the price of the timeshare and the timeshare contract can be rescinded within 10 days, I think the purchaser should receive all his money back as well as keep the "free" items.
 

gmarine

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Unless it specifically states in the contract the if the buyer rescinds he must repay the seller for certain items, the buyer has no obligation to do so.
 

Talent312

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Unless [the contract] specifically states [that,] if the buyer rescinds, he must repay the seller for certain items, the buyer has no obligation to do so.
But whatever they say or claim, DO NOT allow them to delay you or deter you from rescinding. Get that letter in the mail, certified, return receipt requested, ASAP.

Anything you gave them under ther terms of the contract must be returned to you. Florida law gives them only so much time to do so. If they try to claim a hold-back or set-off for any of this, do not agree to or sign a settlement. Simply state that you expect them to comply with Florida law, and will pursue your legal remedies (incl. a complaint to the Dept. of Business Reg. - Land Sales Commission), if they do not do so.
 
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aliikai2

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Karen

If you buy an item from anyone, me, a garage sale, goodwill, etc, and you negotiate a price, then twist them to throw in something extra, or what ever, if you bring the purchase back the next day and they do let you out of the deal, do you think you should be able to keep the additional item without paying? :D

These items are generally over and above the inducement to attend the presentation, and therefore aren't free, they are a part of the sale, unwind the sale, give them back or pay for them.

Also, that horse's .... doesn't look anything like me:annoyed:

fwiw,

Greg

At last! A chance to use this new smilie:deadhorse: Maybe I am just "beating a dead horse" but I think I'd really fight it if the developer tried to deduct "free" dinners, tickets, or whatever. If those things aren't "free" don't call them "free." If they are add-ons to the price of the timeshare and the timeshare contract can be rescinded within 10 days, I think the purchaser should receive all his money back as well as keep the "free" items.
 

Karen G

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Also, that horse's .... doesn't look anything like me:annoyed:

Ha, Ha. Sorry, I didn't mean to imply that I was beating you! I do see your point of returning items when a sale is rescinded, if the items were indeed a part of the sale and not inducements to attend a presentation.
 

blackjappa

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help westgate

Thank you all for your replies. I have posted my letter off today. Not sure what will happen about "free" items will wait and see. In my contract the only thing that is mentioned is paying for any meals. What happens now, do they contact me, do I just wait, do I have to do anything? This whole site has so much useful advice it is quite addictive.:)
 

Karen G

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What happens now, do they contact me, do I just wait, do I have to do anything?
Did you pay by credit card? If so, watch your account and see if you get a credit back from Westgate. You might want to notify your credit card company, too, and dispute the charge.
 

Talent312

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Thank you all for your replies. I have posted my letter off today. Not sure what will happen about "free" items will wait and see. In my contract the only thing that is mentioned is paying for any meals. What happens now, do they contact me, do I just wait, do I have to do anything? This whole site has so much useful advice it is quite addictive.:)
Section 721.06, Florida Statutes, states in part:
"...in the event the purchaser cancels the contract during a 10-day cancellation period, the developer will refund to the purchaser the total amount of all payments made by the purchaser under the contract, reduced by the proportion of any contract benefits the purchaser has actually received under the contract prior to the effective date of the cancellation... the refund will be made within 20 days after receipt of notice of cancellation or within 5 days after receipt of funds from the purchaser's cleared check, whichever is later. A seller and a purchaser shall agree in writing on a specific value for each contract benefit received by the purchaser for purposes of this paragraph."
 
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