Just got a timeshare at WGMB and I need out please help

[lcrabtree]

Just got pressured into getting a time share at Westgate myrtle beach and I want to rescind please help pretty sure I only have 3 days to do so.

 

[bnoble]

Go through ALL of the documents/materials/bags they gave you, including in every little pocket you can find. The instructions for rescinding will be there somewhere. Note that they might not make it easy for you to find. See this as an example:

Westgate Resorts deliberately hides cancellation documents from timeshare buyers!

Discover how Westgate Resorts conceals its cancellation form in a discreet pocket of their timeshare sales binder, making it challenging for buyers to exercise their rights.

tug2.net

Make this your #1 priority until you find the instructions and follow them. You have five days from the date you signed (I would include the day you signed as Day 1).

2019 South Carolina Code of Laws :: Title 27 - Property and Conveyances :: Chapter 32 - Vacation Time Sharing Plans :: Section 27-32-40. Furnishing copy of contract to purchaser; terms thereof.

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

 

[Passepartout]

Just got pressured into getting a time share at Westgate myrtle beach and I want to rescind please help pretty sure I only have 3 days to do so.

Absent finding the hidden instructions, just write a letter that makes it clear that your intention is to exercise your right to rescind and cancel this sale. Nothing complex or legalese:

I/We wish to cancel the purchase made on 6/XX/2023 at ______________. Contract number________________.
Signed___________________Husband
________________Wife
Promotional materials to be returned under separate cover.

Include a copy of the signature page of the contract for ID purposes.
Send it by USPS Certified Mail w/return receipt (so you get notice when it's delivered. to:
Westgate Resorts
2801 Old Winter Garden Road Ocoee, Florida 34761
Mark 'Rescission' outside the envelope.
Don't answer the phone. It may take up to 45 days to get your down payment back and they are under no obligation to inform you of the progress of the rescission, but they are required to process it.

Jim

 

[lcrabtree]

Absent finding the hidden instructions, just write a letter that makes it clear that your intention is to exercise your right to rescind and cancel this sale. Nothing complex or legalese:

I/We wish to cancel the purchase made on 6/XX/2023 at ______________. Contract number________________.
Signed___________________Husband
________________Wife
Promotional materials to be returned under separate cover.

Include a copy of the signature page of the contract for ID purposes.
Send it by USPS Certified Mail w/return receipt (so you get notice when it's delivered. to:
Westgate Resorts
2801 Old Winter Garden Road Ocoee, Florida 34761
Mark 'Rescission' outside the envelope.
Don't answer the phone. It may take up to 45 days to get your down payment back and they are under no obligation to inform you of the progress of the rescission, but they are required to process it.

Jim

Can I just take all the promotional stuff I got to the resort we signed at yesterday? And do we have to return the event tickets we were given for attending the presentation?

 

[Passepartout]

Can I just take all the promotional stuff I got to the resort we signed at yesterday? And do we have to return the event tickets we were given for attending the presentation?

Showing up at the sales office will just open you up to more high pressure. Do so at your peril. If the tickets were an incentive to attend the presentation, they are yours. If they were a perk you received after signing the contract, they would be justified in charging you the face value after you rescind. OTOH, if you mail the rescission letter, and have attended the event and gone home before the rescission is processed, it's unlikely they will send you a bill. Consider alerting your credit card that a rescission is pending.

 

[The Colorado Kid]

Showing up at the sales office will just open you up to more high pressure. Do so at your peril. If the tickets were an incentive to attend the presentation, they are yours. If they were a perk you received after signing the contract, they would be justified in charging you the face value after you rescind. OTOH, if you mail the rescission letter, and have attended the event and gone home before the rescission is processed, it's unlikely they will send you a bill. Consider alerting your credit card that a rescission is pending.

@Passepartout Always appreciate you and your kindness and sharing your expertise!

 

[TimesCalif]

As stated above - treat this as your full time job for a day to get the proper notification out and Documented. It will save you a Lot of grief later. Be aware cancelling your credit card may not change anything - if you open another credit card and your bank thinks the charges are legit - they would just move the charges to the new card. (P.S. Don't feel guilty, they are Really Good at what they do, you just have to be Really Great at Rescinding

 

[TUGBrian]

take a breath, you got this! follow the directions in the cancellation section and you will get a full refund!

grats on finding TUG in time to save a fortune!

 

[rickandcindy23]

@Passepartout gave you some great advice. Follow it to the letter. Congratulations on rescinding. Buy something resale and save thousands, and don't buy Westgate resale. If you love Florida, look at Marriott or Hilton points.

 

[lcrabtree]

I typed up a letter and attached all copies of the cancellation policy for both Indiana (home) and South Carolina (where purchased) and sent them out today as well as a separate package with all items and documents they gave me yesterday the only thing I kept a was the 3 tickets to the aquarium that they gave us for attending the presentation...is that all I have to do? Is there more?

 

[Passepartout]

I typed up a letter and attached all copies of the cancellation policy for both Indiana (home) and South Carolina (where purchased) and sent them out today as well as a separate package with all items and documents they gave me yesterday the only thing I kept a was the 3 tickets to the aquarium that they gave us for attending the presentation...is that all I have to do? Is there more?

You've done your part. Now the waiting for the refund. They may call to try to sweeten the deal or talk you out of rescinding. Best to just not answer any unknown numbers for a while.

If timeshare still interests you, there are thousands of intervals for sale- or giveaway-! Stick around TUG to educate yourself. Often you can rent from owners for less than the underlying maintenance fee, and no buy-in or the hassle of selling is when you're done.

Glad you searched us out and got the rescission off in time.

All the best!

Jim

 

[lcrabtree]

You've done your part. Now the waiting for the refund. They may call to try to sweeten the deal or talk you out of rescinding. Best to just not answer any unknown numbers for a while.

If timeshare still interests you, there are thousands of intervals for sale- or giveaway-! Stick around TUG to educate yourself. Often you can rent from owners for less than the underlying maintenance fee, and no buy-in or the hassle of selling is when you're done.

Glad you searched us out and got the rescission off in time.

All the best!

Jim

Thank you all so much!!! I will stick around!!

 

[TheTimeTraveler]

I typed up a letter and attached all copies of the cancellation policy for both Indiana (home) and South Carolina (where purchased) and sent them out today as well as a separate package with all items and documents they gave me yesterday the only thing I kept a was the 3 tickets to the aquarium that they gave us for attending the presentation...is that all I have to do? Is there more?

Hopefully you mailed this via USPS Certified Mail so you have evidence that it was mailed (you'll also have evidence that it gets delivered).

SMART move to rescind!





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[lcrabtree]

Hopefully you mailed this via USPS Certified Mail so you have evidence that it was mailed (you'll also have evidence that it gets delivered).

SMART move to rescind!





.

The postmaster said that I should do tracking because they can deny certified I guess they've had a lot of trouble with people denying to sign for it so I have the tracking and pictures of everything will that work?

 

[TheTimeTraveler]

The postmaster said that I should do tracking because they can deny certified I guess they've had a lot of trouble with people denying to sign for it so I have the tracking and pictures of everything will that work?

It's a business so they sign for Certified Mail daily (unlike a home address). What you did likely will work but it is not Certified, and hence they will not sign for it. You knew enough to send it Certified but you were talked out of it. Blame the Postmaster if it doesn't work, lol.

Although Westgate has no obligation to acknowledge it they do have to act on it by law. Relax and be patient as it may take as long as 45 days.






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.

 

[billymach4]

I would do USPS Certified Return Receipt requested just for your "Peace of Mind".

 

[lcrabtree]

It's a business so they sign for Certified Mail daily (unlike a home address). What you did likely will work but it is not Certified, and hence they will not sign for it. You knew enough to send it Certified but you were talked out of it. Blame the Postmaster if it doesn't work, lol.

Although Westgate has no obligation to acknowledge it they do have to act on it by law. Relax and be patient as it may take as long as 45 days.






.



.

Thank you!

 

[TUGBrian]

how much did you wind up saving?

 

[Fkal]

Absent finding the hidden instructions, just write a letter that makes it clear that your intention is to exercise your right to rescind and cancel this sale. Nothing complex or legalese:

I/We wish to cancel the purchase made on 6/XX/2023 at ______________. Contract number________________.
Signed___________________Husband
________________Wife
Promotional materials to be returned under separate cover.

Include a copy of the signature page of the contract for ID purposes.
Send it by USPS Certified Mail w/return receipt (so you get notice when it's delivered. to:
Westgate Resorts
2801 Old Winter Garden Road Ocoee, Florida 34761
Mark 'Rescission' outside the envelope.
Don't answer the phone. It may take up to 45 days to get your down payment back and they are under no obligation to inform you of the progress of the rescission, but they are required to process it.

Jim

Hello, if we don't have our contract (Delta lost them), to whom I have to write the letter, I mean how can I know the right name for WG in Florida? There is any other thing that I can to send considering that i won't be able to Include a "copy of the signature page of the contract for ID purposes."? Thank you!

 

[Passepartout]

Hello, if we don't have our contract (Delta lost them), to whom I have to write the letter, I mean how can I know the right name for WG in Florida? There is any other thing that I can to send considering that i won't be able to Include a "copy of the signature page of the contract for ID purposes."? Thank you!

I don't know. Did they give you a tablet, or a disk with the contract? If the airline lost the contract, was it in lost luggage?

You might have to call WG and try to get them to generate a copy, but it's probably not wise to tell them it's to rescind.

Good Luck.

Jim

 

[Fkal]

I don't know. Did they give you a tablet, or a disk with the contract? If the airline lost the contract, was it in lost luggage?

You might have to call WG and try to get them to generate a copy, but it's probably not wise to tell them it's to rescind.

Good Luck.

Jim

I've tried everything. Delta found my luggage, but they indicate that it will take approximately two weeks to arrive (which would be past the deadline for sending the letter). I've contacted both the sales agent and the notary, begging them to send me a digital copy, but they refuse, citing company policies (even though I signed digitally). On the contrary, they say they will send me the documents physically, but it seems like they are just buying time. Since last Thursday, when they promised to send them, I've been insisting daily, but they only provide excuses. The last thing I discussed with the notary is that, in light of their refusal and unethical practices, I demanded that he provide me with the contract number, the address for sending the cancellation letter, and the company name. He replied without any hint of shame that I should have thought of that before; my time to change my mind was in their offices. This situation has been truly frustrating.

 

[Passepartout]

At this stage, all you can do is write the letter, showing that you are making a good faith effort to show that your intent is to rescind within the allowable time. Keep a copy of the letter. Send it to the rescission office explaining that you have requested copies. You may not be able to give them your contract number, but I believe they have other means to identify you as a buyer. (address, contact phone, # last 4 of SSN, etc)

We, here on TUG have not got the means to help you any more than this.

This seller will take any advantage, and will erect any possible barrier to keep you hooked. We're sorry you fell into their scheme, and it may take playing some hardball to get you out of it.

It might be that after you get the paperwork, you may have to wait until they come demanding payment and produce the 'letter of intent' to rescind that was sent in a timely manner.

Good Luck.

 

[bnoble]

It's not the notary's job to serve as a document archive.

If it were me, I would send certified letters to both the resort sales office and the address that @Passepartout included earlier in this thread. I would write that I was exercising my right to rescind consistent with the laws of the state in which you signed. (Make sure you are still in the cancellation window.) I would include the date and time of day you signed the contract, and the SSNs of any parties who signed. I would also include that due to luggage mis-handling, I did not have the specific contract number, but believe it is possible to identify the specific contract with the information I have given them. Also due to luggage mis-handling, I would return promotional materials under separate cover.

Westgate is known to play dirty, so they may claim you have not met your burden. If it comes to that, a few hours' time of a lawyer based in the state of sale will be much cheaper than paying for a timeshare you do not want. In fact, if it were me, I would contact such a lawyer right now so they can advise you of what the specific state requirements are for a legal notice of rescission, and how you might meet them given the circumstances. A few hundred bucks now will be worth the peace of mind later.

 

[Fkal]

It's not the notary's job to serve as a document archive.

If it were me, I would send certified letters to both the resort sales office and the address that @Passepartout included earlier in this thread. I would write that I was exercising my right to rescind consistent with the laws of the state in which you signed. (Make sure you are still in the cancellation window.) I would include the date and time of day you signed the contract, and the SSNs of any parties who signed. I would also include that due to luggage mis-handling, I did not have the specific contract number, but believe it is possible to identify the specific contract with the information I have given them. Also due to luggage mis-handling, I would return promotional materials under separate cover.

Westgate is known to play dirty, so they may claim you have not met your burden. If it comes to that, a few hours' time of a lawyer based in the state of sale will be much cheaper than paying for a timeshare you do not want. In fact, if it were me, I would contact such a lawyer right now so they can advise you of what the specific state requirements are for a legal notice of rescission, and how you might meet them given the circumstances. A few hundred bucks now will be worth the peace of mind later.

In fact, I contacted the notary at their request.
After several attempts, I managed to obtain the contract number. Now, all I can do is wait and hope it's the correct number. Nevertheless, I'm following all the suggestions and adding all the data that can support the contract's validity. Time, ID, payment voucher, etc.

Regarding lawyers, I have contacted at least 5, but since I don't have the contract, they have been unwilling to take the case.

 

[bnoble]

Fine, but it's still not the notary's job. When I have a physical document notarized, the notary does not even retain a copy of it.