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2003Marine

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Sorry if this is in the wrong forum, I am running out of time and just found the site so I have not had a lot of time to look through the site. My wife and I just fell for a Holiday Inn Club TimeShare purchase while in Las Vegas at their Dunes resort. We purchased it on the 29th of May. I will save you all the details (it’s around 20k before financing), as I am sure you all have heard them a million times. Nevada law states we have 5 days to cancel. First question is that businesss days or calendar days, is the first day the 29th or the 30th? Next question, I already sent in the cancellation form that was in my paperwork is that good enough? It has both signatures just as we signed the contract, dates and our contract number. I sent it overnight to the address listed on the cancellation form I am speaking of and asked for it to be signed for. I have read on the forum that I need to send the front page of the contract and or write a letter. Is this something I need to do? If so I need to get it in the mail today the 1st. Also did not mail the books back to them, do I need to? If there is something I am missing please let me know. Thanks so much. This forum hopefully just saved me a lot of money!
 

WinniWoman

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It's business days I am sure. I would think if you sent back their cancellation form that should be good enough. If you want to send the front page of the contract and also write a letter, have at it. But if they gave you a cancellation form, that should be sufficient. I wouldn't stress it. If you can ,make a copy of that signed cancellation form you completed, that would be a good idea also. Forget about the books right now (I assume you are talking about directories and promotional materials?). Just get the cancellation in the mail PRONTO! Good luck!
 

WinniWoman

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double post
 
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2003Marine

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It's business days I am sure. I would think if you sent back their cancellation form that should be good enough. If you want to send the front page of the contract and also write a letter, have at it. But if they gave you a cancellation form, that should be sufficient. I wouldn't stress it. If you can ,make a copy of that signed cancellation form you completed, that would be a good idea also. Forget about the books right now (I assume you are talking about directories and promotional materials?). Just get the cancellation in the mail PRONTO! Good luck!
I did keep a copy of the letter along with the receipt from the post office. I have not mailed the promotional materials back to them. I did not plan on it unless I don’t see a full refund. Figured it was probably just as much to mail them as to what they would charge for them or at least close to it. Thank you for the help!
 

2003Marine

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It's business days I am sure. I would think if you sent back their cancellation form that should be good enough. If you want to send the front page of the contract and also write a letter, have at it. But if they gave you a cancellation form, that should be sufficient. I wouldn't stress it. If you can ,make a copy of that signed cancellation form you completed, that would be a good idea also. Forget about the books right now (I assume you are talking about directories and promotional materials?). Just get the cancellation in the mail PRONTO! Good luck!
Thank you! I think I will go ahead and mail a letter stating I want to cancel. Should have just sent it yesterday. My head has been spinning since I signed the contract on Tuesday haven’t slept since then. This is by far the biggest financial mistake I have ever made. So glad I found this website before it was to late. Thank you again.
 

chapjim

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Maybe I'm overly cautious but please read the contract to see what is required for cancellation. Please don't assume it is merely sending in a cancellation form. You don't want to take a chance with this.
 

2003Marine

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Maybe I'm overly cautious but please read the contract to see what is required for cancellation. Please don't assume it is merely sending in a cancellation form. You don't want to take a chance with this.
I will read it again but it’s not real clear that’s why I am stressing! The forum has helped a bunch. I am thinking I’ll send in a written letter just to be safe. Surely it can’t hurt to send more then not enough.
 

RX8

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In Nevada you have five calendar days following the timeshare sale to cancel.

It is the date you send the cancellation that counts not the date received by them. Having a cancellation form is unusual in the industry. If that had all the info you need including where to send the cancellation then you should be good. Still, I recommend to look through the contract and if you find more instructions then follow them exactly. If you send a second cancellation based on this instruction send it regular mail certified so you have proof of when you sent it.

If you are still interested then take your time and read up on the forum posts and ask lots of questions. It took me a year and a half on TUG before I finally bought resale.

Congrats for saving $20k!
 

theo

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Nevada law states we have 5 days to cancel. First question is that businesss days or calendar days, is the first day the 29th or the 30th?
Day One is the day after the date of contract execution. I am not sure about calendar or business days in the applicable Nevada statute. I have seen several posts in other threads that claim (without providing any statutory cite) that it's 5 calendar days in Nevada. I dunno, but would proceed on the assumption that it's 5 calendar days, just to be safe.

Next question, I already sent in the cancellation form that was in my paperwork is that good enough? It has both signatures just as we signed the contract, dates and our contract number. I sent it overnight to the address listed on the cancellation form I am speaking of and asked for it to be signed for. I have read on the forum that I need to send the front page of the contract and or write a letter. Is this something I need to do?
What matters is the postmark date, not date of receipt; overnight mail was unnecessary.
I hope that you obtained hard copy verification of the postmark date. If not, repeat the whole exercise again today, utilizing certified U.S. Mail this time --- and save the counter-issued, date stamped receipt as documentary proof of postmark date.

You don't need to provide a front page of the contract; doing so merely serves to precisely identify your specific purchase. If you have provided a contract number and / or other specific identification of your particular purchase in your rescission correspondence, that is sufficient. "I am exercising my legal right to cancel" is clearly the important point.

Also did not mail the books back to them, do I need to? If there is something I am missing please let me know. Thanks so much. This forum hopefully just saved me a lot of money!
Westgate (lawfully) withholds $150 from the deposit refund if you fail to return such materials, but I've never heard of any other developers doing so. You can always opt to send all that stuff back separately (by the cheapest available means) if you have any concerns.

P.S. If "2003Marine" is indicative of your branch of the military, thank you for your service.
Semper Fi. :thumbup:
 
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MULTIZ321

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Hi 203Marine,

Welcome to Tug,

It wouldn't hurt to write a recision letter in addition to the form you filled out and mailed. A sample letter is included in the above link that Steve provided. Send the letter registered mail, return receipt requested. The date the letter is postmarked is the important date.

Some Timeshare Contracts require you to return the promotional materials and if you don't return them, they deduct a certain amount from your refund. So to be safe,
I would return your promotional materials. If it is easier to send them separately, just say in your recision letter that the promotional materials are being sent under separate cover (do so return receipt requested also and include a copy of the recision letter with the materials).

You keep your copy of the contract you signed - the resort has their own copy.

Good luck.

Richard
 

theo

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Please note that OP 2003Marine has "double posted" this same inquiry here and in the (perhaps more appropriate) Buying, Selling and Renting forum, with numerous replies. The OP is brand new to the TUG site and surely unaware that double posting is "discouraged". Perhaps a moderator will merge the two threads into one.
 
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elaine

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spend the $25 or so to mail the ENTIRE package back to them, plus a clear letter that says you are rescinding and to refund your $. Specify in the letter that your are returning all materials. Send it return receipt requested--not just a receipt from post office (as there is not any tracking). Might be overkill--but that ensures you have absolute proof and lessens to almost zero that you will get any hassle or push back. You only have a few days. Do it today or tomorrow if you have a post office open on Saturday. No need to send overnight.
There could be some fine print that says rescission entails sending all materials back, or $ is witheld as PP said--so just send it all. Also, if the rescission instructions do not give a specific address to send (sometimes not the place you bought), then send a copy of the letter to headquarters office and office where you purchased, as well. Send those certified as well. It's $ well spent, IMHO.
Also, many years ago, the state law that covered my rescission was written to specifiy US Mail (not UPS, Fed Ex), etc. for date mailed to be the date of rescission. I even called the state and they said only use US Mail as then it was the date mailed and not the date received. Don't know if that is still the case--but I would use certified US Mail to be safe.
 
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Passepartout

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I think you're OK. In Nevada it's 5 CALENDAR days. Day 1 is the day after you sign the contract. Sending THEIR OWN signed cancellation form should be the most acceptable form to achieve the desired result. If there is any doubt, the Post Office is open today, and you can take the
'belt AND suspenders' action of re-sending the whole thing by USPS Certified, but personally, I think that's overkill.

Congratulations on finding us and seeking out the information in time to save yourself an expensive mistake and lots of money.

Jim
 

2003Marine

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I think you're OK. In Nevada it's 5 CALENDAR days. Day 1 is the day after you sign the contract. Sending THEIR OWN signed cancellation form should be the most acceptable form to achieve the desired result. If there is any doubt, the Post Office is open today, and you can take the
'belt AND suspenders' action of re-sending the whole thing by USPS Certified, but personally, I think that's overkill.

Congratulations on finding us and seeking out the information in time to save yourself an expensive mistake and lots of money.

Jim
Again thank you all! Talked it over with the wife again this morning she is convinced we have done exactly what the contract says so we think we are fine. I just over anylize everything especially when my head is spinning. I personally will be on edge until I see the refund. Thank you all for the last minute help and speedy responses. Hopefully here soon I will give you all an update that I have been reimbursed.
 

Passepartout

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Again thank you all! Talked it over with the wife again this morning she is convinced we have done exactly what the contract says so we think we are fine. I just over anylize everything especially when my head is spinning. I personally will be on edge until I see the refund. Thank you all for the last minute help and speedy responses. Hopefully here soon I will give you all an update that I have been reimbursed.
Patience, Grasshopper. Just so you know, it can take up to 45 days for the refund to get posted to your credit card depending on where you are in your billing cycle, and they are under no obligation to inform you of progress on your rescission. Possibly the first indication could be if you start getting calls from the sale weasel trying to save the sale, sweetening the pot, etc. We suggest you NOT take calls from unknown numbers for a while. At least until the rescission period has passed. No good can come of talking to them.

Jim
 

taterhed

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Day One is the day after the date of contract execution. I am not sure about calendar or business days in the applicable Nevada statute. I have seen several posts in other threads that claim (without providing any statutory cite) that it's 5 calendar days in Nevada. I dunno, but would proceed on the assumption that it's 5 calendar days, just to be safe.

What matters is the postmark date, not date of receipt; overnight mail was unnecessary.
I hope that you obtained hard copy verification of the postmark date. If not, repeat the whole exercise again today, utilizing certified U.S. Mail this time --- and save the counter-issued, date stamped receipt as documentary proof of postmark date.

You don't need to provide a front page of the contract; doing so merely serves to precisely identify your specific purchase. If you have provided a contract number and / or other specific identification of your particular purchase in your rescission correspondence, that is sufficient. "I am exercising my legal right to cancel" is clearly the important point.

Westgate (lawfully) withholds $150 from the deposit refund if you fail to return such materials, but I've never heard of any other developers doing so. You can always opt to send all that stuff back separately (by the cheapest available means) if you have any concerns.

P.S. If "2003Marine" is indicative of your branch of the military, thank you for your service.
Semper Fi. :thumbup:
It's definitely calendar: It's all over the page in NV statute.

NRS 119A.410  Right to cancel contract of sale.

1.  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.

Also here: Courtesy of your friends at ARDA: 50 state rescission rules
 

SPG900NY

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Again thank you all! Talked it over with the wife again this morning she is convinced we have done exactly what the contract says so we think we are fine. I just over anylize everything especially when my head is spinning. I personally will be on edge until I see the refund. Thank you all for the last minute help and speedy responses. Hopefully here soon I will give you all an update that I have been reimbursed.
If the materials are all printed or on a CD, pretty much no matter how heavy they are, they can be sent Media Mail, which is very inexpensive. It just takes a little longer. But since the five days are based on mailing date, should be fine. You can send the certified mail separately and then send the materials via Media Mail with tracking. Good luck!
 

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congrats on saving 20k!
 

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Refund hit the account this morning! Thank you guys so much! Wow that was a stressful week. I have never felt like that after any other purchase. I think I knew right from the beginning we had messed up. I have no idea how we agreed to this in the first place. What a huge learning experience. Now I can take my time,read the forums and educate my self on timeshares. Thanks again.
 

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Glad it worked out....
 

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I have no idea how we agreed to this in the first place. What a huge learning experience. Now I can take my time,read the forums and educate my self on timeshares. Thanks again.
No need to beat yourself up over this. Many here on TUG had the same experience. Unfortunately, many were not able to find TUG in time to rescind. It's a whole other thread as to how these sales people get unsuspecting buyers to "[agree] to this in the first place."

And take plenty of time to "read the forums and educate [yourself] on timeshares." There will be many deals out there for the foreseeable future so don't rush into anything.
 
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