) is that your "notice of right of rescission" (...if I understand your post correctly and if it is accurately stated...) was apparently provided to you on a CD, separate from the purchase contract documents. While I don't personally claim to know the legality of this particular form of "notice", I would certainly be inclined to question the legality of that particular avenue of "separate, electronic notice" and whether it even fulfills the legal requirements of proper notification of your right of rescission. It seems to me that, logically, the "notice of right of recission" should be provided on paper, in writing within the very same document which you sign to effect the puirchase. Or maybe Westgate somehow believes (perhaps incorrectly) that only computer users are actually entitled to see the notification of their rights of rescission, when (...or if) they later choose to view their CD at home, after purchasing?
The new twist I see here which I have never encountered before (...and it's certainly no surprise that it should first be introduced by the likes of Westgate
Maybe. But not if the successor company operates the same way or worse.
State law previously afforded you a rescission period, but that time period had apparently already passed even by the time of your first post here. It has now also been an additional 18 days since that post. Accordingly, the rescission period previously available under state law has clearly long since expired.
If you intend to attempt to cancel the contract at this point, attorney involvement may well become a necessity --- not just an option to "think of involving". I'm no expert (...and I did not sleep at a Holiday Inn last night either), but I would (and I do) certainly question whether the required notice of rescission rights being placed on a separate CD instead of being provided in writing within the actual contract documents is even lawful in the first place. That "notice on separate CD" practice is obviously sneaky, underhanded and deceitful, but whether the practice also fails to adequately (i.e., legally) fulfill the "notice" requirements of the applicable state law is not clear (...not to me, anyhow).
The 2009 Florida Statutes
Title XL
REAL AND PERSONAL PROPERTYChapter 721
VACATION AND TIMESHARE PLANSView Entire Chapter
[SIZE=-1]721.06 Contracts for purchase of timeshare interests.-- [/SIZE]
[SIZE=-1](1) Each seller shall utilize and furnish each purchaser a fully completed and executed copy of a contract pertaining to the sale, which contract shall include the following information: [/SIZE]
[SIZE=-1](a) The actual date the contract is executed by each party. [/SIZE]
[SIZE=-1](b) The names and addresses of the developer and the timeshare plan. [/SIZE]
[SIZE=-1](c) The initial purchase price and any additional charges to which the purchaser may be subject in connection with the purchase of the timeshare interest, such as financing, or which will be collected from the purchaser on or before closing, such as the current year's annual assessment for common expenses. [/SIZE]
[SIZE=-1](d)1. For real property timeshare plans, an estimate of any anticipated annual assessment stated on an annually recurring basis for any use charges, fees, common expenses, or ad valorem taxes or, if an estimate is unavailable, the current year's actual annual assessment for any use charges, fees, common expenses, or ad valorem taxes. [/SIZE]
[SIZE=-1]2. For personal property timeshare plans, an estimate of any anticipated annual assessment stated on an annually recurring basis for any use charges, fees, common expenses, or taxes or, if an estimate is unavailable, the current year's actual annual assessment for any use charges, fees, common expenses, or taxes. [/SIZE]
[SIZE=-1](e) The estimated date of completion of construction of each accommodation or facility promised to be completed which is not completed at the time the contract is executed and the estimated date of closing. [/SIZE]
[SIZE=-1](f) A brief description of the nature and duration of the timeshare interest being sold, including whether any interest in real property or personal property is being conveyed and the specific number of years constituting the term of the timeshare plan. [/SIZE]
[SIZE=-1](g) Immediately prior to the space reserved in the contract for the signature of the purchaser, in conspicuous type, substantially the following statements: [/SIZE]
[SIZE=-1]1. If the purchaser will receive a personal property timeshare interest: This personal property timeshare plan is governed only by limited sections of the timeshare management provisions of Florida law. [/SIZE]
[SIZE=-1]2. If the accommodations or facilities are located on or in a documented vessel or foreign vessel as provided in s. 721.08(2)(c)3.e., the disclosure required by s. 721.08(2)(c)3.e.(IV). [/SIZE]
[SIZE=-1]3. 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. [/SIZE]
[SIZE=-1](h) If a timeshare estate is being conveyed, the following statement in conspicuous type: [/SIZE]
[SIZE=-1]For the purpose of ad valorem assessment, taxation and special assessments, the managing entity will be considered the taxpayer as your agent pursuant to section 192.037, Florida Statutes. [/SIZE]
[SIZE=-1](i) A statement that, 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 statement shall further provide that 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. The term "contract benefit" shall not include purchaser public offering statements or other documentation or materials that must be furnished to a purchaser pursuant to statute or rule. [/SIZE]
[SIZE=-1](j) If the timeshare interest is being sold pursuant to an agreement for deed or an agreement for transfer, a statement that the signing of the agreement for deed or agreement for transfer does not entitle the purchaser to receive the conveyance or transfer of his or her timeshare estate or personal property timeshare interest until all payments under the agreement have been made. [/SIZE]
[SIZE=-1](k) Unless the developer is, at the time of offering the plan, the owner of the accommodations and facilities of the timeshare plan, free and clear of all liens, encumbrances, and claims of other interestholders, a statement that the developer is not the sole owner of the underlying fee or owner of the underlying personal property or that the accommodations or facilities are subject to liens or encumbrances, which statement shall include: [/SIZE]
[SIZE=-1]1. The names and addresses of all other interestholders; and [/SIZE]
[SIZE=-1]2. The actual interest of the developer in the accommodations or facilities. As an alternative to including the statement in the purchase contract, a seller may include a reference in the purchase contract to the location in the purchaser public offering statement text of such information. [/SIZE]
[SIZE=-1](l) If the purchaser will receive an interest in a multisite timeshare plan pursuant to part II, a statement shall be provided in conspicuous type in substantially the following form: [/SIZE]
[SIZE=-1]The developer is required to provide the managing entity of the multisite timeshare plan with a copy of the approved public offering statement text and exhibits filed with the division and any approved amendments thereto, and any other component site documents as described in section 721.07 or section 721.55, Florida Statutes, that are not required to be filed with the division, to be maintained by the managing entity for inspection as part of the books and records of the plan. [/SIZE]
[SIZE=-1](m) The following statement in conspicuous type: [/SIZE]
[SIZE=-1]Any resale of this timeshare interest must be accompanied by certain disclosures in accordance with section 721.065, Florida Statutes. [/SIZE]
[SIZE=-1]
[SIZE=-1](2)(a) An agreement for deed shall be recorded by the developer within 30 days after the day it is executed by the purchaser. The developer shall pay all recording costs associated therewith. A form copy of such instrument must be filed with the division for review pursuant to s. 721.07. [/SIZE]
[SIZE=-1](b) An agreement for transfer shall be filed with the appropriate official responsible for maintaining such records in the appropriate jurisdiction within 30 days after the day it is executed by the purchaser. The developer shall pay all filing costs associated therewith. A form copy of such instrument must be filed with the division for review pursuant to s. 721.07. (3) The escrow agent shall provide the developer with a receipt for all purchaser funds or other property received by the escrow agent from a seller. History.--s. 1, ch. 81-172; s. 61, ch. 82-226; s. 5, ch. 83-264; s. 3, ch. 93-58; s. 3, ch. 95-274; s. 3, ch. 98-36; s. 10, ch. 2000-302; s. 4, ch. 2004-279. [/SIZE]
