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questions about rescission process

Kramerica

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Good morning,

I know that I have 10 days from sale to send the rescission letter, but I have several questions:

We purchased one week ago today in Florida


1. what address do I send the letter to ?

2. My wife and I will both sign the letter. Does it need to be notarized?

3. Should I send it overnight


Thanks very much,
 

Kramerica

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Good morning,

I know that I have 10 days from sale to send the rescission letter, but I have several questions:

We purchased one week ago today in Florida


1. what address do I send the letter to ?

2. My wife and I will both sign the letter. Does it need to be notarized?

3. Should I send it overnight


Thanks very much,

Sorry - I should have stipulated that I bought the points from Marriott
 
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Passepartout

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The address will be in the packet of papers you were given. (depends on the TS company)
Notarization is not necessary.
We recommend sending it USPS Certified Mail w/return receipt so you have a record of it being delivered. Overnight courier would require a street address that you may find hard to get.
The instruction are in the contract. follow them.

Welcome to TUG

Jim
 

TheTimeTraveler

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Good morning,

I know that I have 10 days from sale to send the rescission letter, but I have several questions:

We purchased one week ago today in Florida


1. what address do I send the letter to ?

2. My wife and I will both sign the letter. Does it need to be notarized?

3. Should I send it overnight


Thanks very much,



Marriott should have included the address as to where you should send the paperwork to rescind.

It does NOT need to be notarized.

I would recommend sending it via USPS CERTIFIED MAIL. No need to send it overnight as the only requirement is Postmarked Date of mailing. It doesn't matter when they eventually receive it so why pay for overnight mail? However, if you think you'll sleep better at night then send BOTH ways.

Allow up to 45 days for a refund.



Good move to rescind. Now think about buying a resale week or resale points.

Welcome to TUG.







.
 

Patri

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It doesn’t matter when it is delivered, you need proof of when you sent it.
 

Kramerica

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I did not receive any papers, but rather I received a flash drive and this is what I saw (please see below). It doesn't have any address to send ot to.


YOU MAY CANCEL YOUR CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN TEN (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 MARRIOTT OWNERSHIP RESORTS, INC., NEW OWNER ADMINISTRATION, AT «CANC_ADDRESS» OR SENT BY EMAIL TO «CANC_EMAIL». 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 THE EXPIRATION OF YOUR 10 (TEN) DAY CANCELLATION PERIOD, IS PROHIBITED.
 

dioxide45

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It looks like their mail merge failed to actually merge the important information into the contract.
 

ScoopKona

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Write the email. Print it before hitting send. And then mail the physical copy certified, return receipt. That way you have physical proof they received the rescission letter.

Emails get lost in the ether. Mail gets "lost." (It doesn't happen as often as people claim. But people are dishonest.) Return receipt counts as evidence. "I swear I sent that email" doesn't.
 

dioxide45

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Write the email. Print it before hitting send. And then mail the physical copy certified, return receipt. That way you have physical proof they received the rescission letter.

Emails get lost in the ether. Mail gets "lost." (It doesn't happen as often as people claim. But people are dishonest.) Return receipt counts as evidence. "I swear I sent that email" doesn't.
They can't do any of that without the address or email address.
 
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claraj

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I can look at my paper work tonight when I am home but surely someone else will be able to find it before then.
 
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Tia

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TUGBrian

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thank you for posting that, going to make a sticky for reference as im very disappointed to hear that marriott is now providing "electronic copies" of sales contracts now :(
 

dandjane1

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.......looks like their mail merge failed to actually merge the important information into the contract.
.................and nobody proofreads anything any more. It's all spell-check which is not fool-proof.
 

SteveinHNL

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The address will be in the packet of papers you were given. (depends on the TS company)
Notarization is not necessary.
We recommend sending it USPS Certified Mail w/return receipt so you have a record of it being delivered. Overnight courier would require a street address that you may find hard to get.
The instruction are in the contract. follow them.

Welcome to TUG

Jim
While I'm at the post office sending it by certified mail, I would always send a second copy by separate regular mail, with a certificate of mailing from the post office, which is very cheap. That way, if the TS company for some reason refuses or doesn't receive the certified mail, you always have a legal presumption of delivery of mail that was correctly addressed, stamped, and mailed.
 

Passepartout

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While I'm at the post office sending it by certified mail, I would always send a second copy by separate regular mail, with a certificate of mailing from the post office, which is very cheap. That way, if the TS company for some reason refuses or doesn't receive the certified mail, you always have a legal presumption of delivery of mail that was correctly addressed, stamped, and mailed.
You are clearly a 'belt AND suspenders' kind of guy!
 

Fido Chuckwagon

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dioxide45

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Not really a mail merge; there's no email involved. It's a symbol substitution. MS-WORD does if, for example.
MS Word calls this function mail merge. I can determine this based on the « » symbols around the placeholders that are supposed to take the merge. The same function is used to create mailing address labels and and form letters.
 

dioxide45

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Is the fact that Marriott neglected to include the address a legal violation?
This is what Florida statute has to say about rescission;
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.

I couldn't easily find any list of the all documents required pursuant to 721.07(6) to see what it referenced. I would suspect if Marriott balked at a rescission not received timely that one could probably get out of it easily with an attorney if the address was not in the contract as in the case of the OP.
 

LeslieDet

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I did not receive any papers, but rather I received a flash drive and this is what I saw (please see below). It doesn't have any address to send ot to.
I'm curious, which sales office were you buying from where you received the thumb drive with your purchase paperwork in lieu of hard copies?
 

dioxide45

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I'm curious, which sales office were you buying from where you received the thumb drive with your purchase paperwork in lieu of hard copies?
I am not sure it is sales office specific. Many people who contact me through my YouTube channel have reported getting a thumb drive for quite a while now. I don't think this is anything new.
 

billymach4

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This is what Florida statute has to say about rescission;
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.

I couldn't easily find any list of the all documents required pursuant to 721.07(6) to see what it referenced. I would suspect if Marriott balked at a rescission not received timely that one could probably get out of it easily with an attorney if the address was not in the contract as in the case of the OP.
Thanks for finding the details. So I take it that this may probably be a legal violation. So the buyer would have to hire legal counsel and file a complaint. Or a State Attorney General office would have to investigate and take action.

I would suspect that Marriott Legal (MVW) "Marriott Vacation Worldwide" will get some hint from this post here on TUG that the Mailing Address is missing (If it is indeed missing) and ensure it is indeed in the digital documentation.

Now just to reiterate when I was about to purchase back in 2001 the sales staff did note and make me aware that I had the right to rescind. They clearly educated me on that option. The address was clearly written in the package. Of course I sent back the paperwork and package.

Now I don't know how or if the Sales team is required to communicate the rescission process in Florida in the current era of 2024? I had the feeling that sales was legally required to communicate the rescission process. Again this was Marriott in 2001. Sales were most likely easier to close in those days. Prices were at a lower price point as well. You got more bang for your buck buying direct.

We all know now the games that the likes of Hilton, Wastegate play with respect to rescission. I want to believe Marriott still has more ethics than Wastegate.
 
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