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Rescind Address

gcubed

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So, first let me thank the heavens I found this forum right after I decided to get a timeshare. I would like to rescind my contract before the waiting period is over, but am having trouble finding the address where to send it to. I can hand deliver or send it by certified mail but can't find where to send it to in the paper work and want to ensure I send it to the right place. Is there someplace on the documents that will list this? I'm sure they don't want to make it easy
 

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Passepartout

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Welcome to TUG- we are gratified that you found us!

The address WILL be in the paperwork you got when you signed up. It will not be prominently displayed- they would prefer you don't see it. The address is unlikely to be at the place where you bought- they don't want non-buyers mixing with their marks.

Follow the instructions you find. If they say mail it, do that, If they say use Fed-Ex, do that, but make sure that you get a 'signature receipt' so you have proof of delivery. Amazing how many rescission letters have just 'disappeared' over the years.

Good Luck, and come back and learn about timesharing and the magic of resale after you get the rescission in the mail.

Jim Ricks
 

gcubed

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Thank you for the quick reply and thank you hugely to TUG for saving me money. The seller is listed as Ocean Beach Club LLC (Va Beach) and searching for it online gives me the address for it but just want to ensure its the right address. Don't want any reason to have the notice not be accurate. The contract states to send letter to seller address or property. (Turtle Cay)

It says I can hand deliver it but I think I'm still more comfortable with certified mail.
 
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Passepartout

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The contract states to send letter to seller address or property. (Turtle Cay)

It says I can hand deliver it but I think I'm still more comfortable with certified mail.
Then this is what you should do. Your instinct of using certified mail with delivery receipt is accurate. They will be bound by postmark date if you are tight on time.

I would not hand deliver it simply to avoid confrontation with the sales staff who will try to talk you out of rescission and continue to offer you 'deals' to keep you on the hook.

Jim
 

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If you find that there are several addresses in your paperwork, and you aren't sure which is the "correct address" to send your rescission letter, send to each address. It is better to spend an extra $20 for the "certified mail, return receipt requested" to make sure they get it (at the proper address) than to "miss the boat", and be stuck paying more than you should pay.

Tony
 

gcubed

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If you find that there are several addresses in your paperwork, and you aren't sure which is the "correct address" to send your rescission letter, send to each address. It is better to spend an extra $20 for the "certified mail, return receipt requested" to make sure they get it (at the proper address) than to "miss the boat", and be stuck paying more than you should pay.

Tony
So there is exactly one form in the large pile with the addresses on it, and its different from what I can find online. Relieved I now have the right addresses and will be following the form posted above to write the letter and send it to all addresses just in case. They note that I need to send the membership materials back as well. Do I do this after the request to rescind has been completed?
 

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So there is exactly one form in the large pile with the addresses on it, and its different from what I can find online. Relieved I now have the right addresses and will be following the form posted above to write the letter and send it to all addresses just in case. They note that I need to send the membership materials back as well. Do I do this after the request to rescind has been completed?
My first timeshare purchase was a developer purchase; fortunately, I rescinded in time. Starwood never asked me to return the membership materials.

My suggestion is that your rescission letter include a PS asking where to send the membership items. I suspect you will never get a response, but you will have covered yourself on the issue. The most important thing (from your perspective) is that the rescission letter be sent on time to the right address by the correct method of delivery.
 

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Yessa!

The most important thing (from your perspective) is that the rescission letter be sent on time to the right address by the correct method of delivery.
The above is absolutely correct and worth repeating once again.

If the cancellation instructions say "send by mail to x " address, do NOT instead choose to use fax or email, nor FedEx or carrier pigeon. Hand delivery is also not a good idea, for reason already mentioned.
Follow the instructions precisely and to the letter.

Also, retain copies of cancellation letter and do not ever lose the USPS issued receipt for your (serially numbered) certified mail. This receipt is date stamped and that is the only date that ultimately matters.
It matters not at all when the developer subsequently receives or acknowledges your cancellation and it matters not at all when (...or even if) you get back that signed green USPS "return receipt" card.
 

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yeah, the contract states request to rescind must be either hand delivered or certified mail to seller or property. I will be sending it certified to both seller and property. It also state membership materials should be returned which is why I asked, I'll include the PS as noted above but call in a few days if I don't hear anything. I will be sending the letter today but have until next Monday
 

theo

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An alternative view...

...the contract states request to rescind must be either hand delivered or certified mail to seller or property. I will be sending it certified to both seller and property. It also state membership materials should be returned which is why I asked, I'll include the PS as noted above but call in a few days if I don't hear anything.
In light of your now providing a bit more detail about your cancellation instructions, I must respectfuilly disagree with a poster who suggested (see post #8 above) merely including a "P.S. note of inquiry" about returning the membership materials. It seems that your cancellation instructions very specifically instruct (i.e., overtly and in writing require) you to return those materials.

If the matter of membership materials was not actually addressed at all in the cancellation instructions, the suggested "P.S. note" approach might then be a viable idea. However, with specific written instructions provided to you to return those materials, I would strongly recommend doing so. Otherwise, you obviously (and unnecessarily) run the risk of the disappointed sales weasels playing games with you later, stating that "we're still waiting for the return of the membership materials, as specifically required in writing within your cancellation instructions, before we can or will actually process your cancellation." Rest assured that there is nothing in that material worth creating any unnecessary and avoidable delay or problem for yourself.

Also, I'd definitely stay off the phone with the developer. Any and all phone conversations will not be in your best interests from this point forward and may well get steered in directions you do not want to go, or perhps be conveniently "misinterpreted" (and certainly not to your advantage or benefit).

Just my personal opinion --- and it's exactly what I would be doing if in your shoes at this time...
 
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In a previous job, I used to have to send tons of letters by certified mail. The receipt you get from the Post Office, along with the "green card" that gets sent back to you will have a serial number on them (I believe you have to write the certified number on the green card before sending, or if you get the paperwork at a Post Office there will be a sticker that you can attach to the green card with the serial number on it). When you write your letter, it wouldn't be a bad idea to add (above the name/address on your letter) something to the effect of "Via Certified Mail #_________ where you add the serial number to your letter. The benefit here is that your letter is now specifically tied to the certified number. The only downside is that this will either involve an additional trip to the Post Office, or your company's mailroom (likely can be done on-line though).
 

theo

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Another $0.02 worth...

...it wouldn't be a bad idea to add (above the name/address on your letter) something to the effect of "Via Certified Mail #_________ where you add the serial number to your letter. The benefit here is that your letter is now specifically tied to the certified number. The only downside is that this will either involve an additional trip to the Post Office, or your company's mailroom (likely can be done on-line though).
A very good suggestion (except perhaps for any attempts at "on-line" actions). You can (and should) get all of the certified mail materials at the P.O. first, then specifically reference the certified mail "serial number" within your rescission letter. Sign, then photocopy everything. Package up the originals and (only then) proceed to actual mailing via certifed mail.

Time consuming and a PITA? You betcha, but there are thousands of your dollars on the line here.
You need to effect this cancellation correctly and completely --- and slam those doors completely closed, leaving those hungry spiders to wait for the next hapless fly (a category into which you now won't fit :)) to come along and get caught up in their web.
 
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To alleviate any confusion... now that i'm home in front of a computer.

VI. PURCHASERS NONWAIVABLE RIGHT TO CANCEL: This Agreement may be cancelled by the BUYER until midnight of the seventh calendar day following the signing of this Agreement or the receipt of the Public Offering Statement for the Turtle Cay Time-Share Project, whichever is later. If the seventh calendar day falls on a Sunday or legal holiday, the right to cancel this Agreement shall expire on the day immediately following that Sunday or legal holiday. Cancellation is without penalty and all payments made by BUYER before cancellation must be refunded by SELLER withing 45 days after SELLER receives notice of BUYER'S cancellation. If the BUYER elections to cancel this agreement, he shall do either (i) by hand delivering notice to the SELLER at its principal office or at the Project or (ii) by mailing notice by certified United States mail, return receipt requested, to SELLER or to its agent for service of process designated by SELLER in Public Offering Statement. Any such notice sent by certified mail shall be effective on the date postmarked. Should purchaser rescind this Agreement, purchaser agrees to promptly return all sales related materials. <etc. if Public Offering statement changes, it changes the date>
 

theo

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Minor but relevant points of clarification...

This particular developer apparently does not choose to address or even acknowledge this indisputable fact, but it is actually state law (in this case, Virginia state law) that provides you with the legal right (and a specifically identified time frame) to rescind and cancel a developer-direct sales contract.

It is not an act of voluntary benevolence by the developer, nor is it a choice willfully made made by any developer to just be "considerate" of buyers. The notification of those cancellation rights provided by underlying state law is there only because they are required by law to provide it to you, in writing, with or within the sales contract documents. Also, fwiw, state law cares not one bit about those lame references to dates of "Public Offering documents" as relates to sales contract rescission rights; that particular date language and reference is gratuitous and irrelevant. I hope that completely irrelevant IPO date reference is not included by the weasels just to make the cancellation process and applicable timelime appear to be more complicated than it really is. State laws use only the purchase & sales contract execution date as the "starter's gun" for that particular state's "ticking rescission clock and calendar" (which can range anywhere from as few as three days (e.g., Massachusetts) to as many as fifteen days (e.g., Alaska), depending on the individual state. In most states, it's 5-7 days. In any case, cancelling ASAP (as you are wisely pursuing) is the least stressful on the psyche and the best way to sleep better at night and protect your wallet.

I suppose that (in theory) a developer could perhaps generously and voluntarily choose to offer (in writing, of course) a rescission time period longer than the time period clearly identified in its' applicable state law, but I am unaware of any developer in any state actually choosing to do so in their sales contracts. :rolleyes: :D
 
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gcubed

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well, i had to actually look in the public offering booklet to get the agent to send this to. In there is this wording again but the sentence saying to its agent for service of process concludes with the actual agent and address.

They sure don't want to make it easy on you. I'm going to create a shipment for the documents and also include that number in the letter to keep it all concise
 

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Well, gcubed, you are going to be a lot smarter when this is done and any down-payments have been returned to you. (could be 45 days) As I mentioned right after your first post up in #3 that they wouldn't make it easy, but you are doing fine.

After you get done, take a deep breath and if you still aren't scared to death about timeshares, take a look around. See what's available here in the TUG marketplace, or even eBay on the resale market. I'd suggest that you consider renting a few weeks over the next few years' vacations. Right now- and for the foreseeable future, you can rent for about the same- or less than maintenance fees (MF) except in high demand places like Hawaii during school holidays. After you have stayed in a few, you will have a really good idea what works for you and your family. Even attend a sales presentation or two- after the current experience, you know the pitfalls to avoid- like buying anything.

After you've had some nice vacations, and looked at what is available, you might see just the week or membership that works for you at the price you want to pay. Then's the time to buy, and not before.

Good luck! and welcome aboard.

Jim
 

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Well, gcubed, you are going to be a lot smarter when this is done and any down-payments have been returned to you. (could be 45 days) As I mentioned right after your first post up in #3 that they wouldn't make it easy, but you are doing fine.

After you get done, take a deep breath and if you still aren't scared to death about timeshares, take a look around. See what's available here in the TUG marketplace, or even eBay on the resale market. I'd suggest that you consider renting a few weeks over the next few years' vacations. Right now- and for the foreseeable future, you can rent for about the same- or less than maintenance fees (MF) except in high demand places like Hawaii during school holidays. After you have stayed in a few, you will have a really good idea what works for you and your family. Even attend a sales presentation or two- after the current experience, you know the pitfalls to avoid- like buying anything.

After you've had some nice vacations, and looked at what is available, you might see just the week or membership that works for you at the price you want to pay. Then's the time to buy, and not before.

Good luck! and welcome aboard.

Jim
thanks and thanks to the board. I am still excited by the prospects of a time share but still have a lot to learn before i jump in again... and learned the #1 lesson, don't buy from the developer.

Its just my wife and I currently and we dont necessarily vacation in the same place consistently and have seen a few posts on here stressing not to buy a timeshare for trade purposes only so definitely need to dig in and do some more research. The internet is a wonderful place.
 

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.....have seen a few posts on here stressing not to buy a timeshare for trade purposes only so definitely need to dig in and do some more research. The internet is a wonderful place.
That is one of the tenets of TUG logic, but (now this is speculation) you haven't mentioned, but from your purchase, I'd guess you live on the East Coast or thereabouts. So if you wanted to go to multiple locations and aren't tied to the school calendar, perhaps one of the membership systems would work best for you. Wyndham comes to mind. Lots of well located resorts. Your MF is determined by which one(s) you buy into(resale, of course), and you can stay at any of them. Included in your monthly- or quarterly paid MF is an RCI membership- 'cause Wyndham owns RCI, that gives you access to the bazillion or so RCI units too.

I don't own any of these, but have been around here for a while, and those who know the system say it can be bought into reasonably, and has the flexibility to get you where you want to go. Other people will surely chime in with suggestions or just look into the Wyndham forum or others that interest you. There is a learning curve, but heck, as you've found out timesharing itself has one of those, so once you have that hurdle crossed it's all good.

Jim
 

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thanks. Yes, i'm east coast, but not stuck to the east coast, and not stuck to the school calendar. We go on two types of vacations, a getaway beach vacation and a travel vacation on my motorcycle. I am not even stuck with "on season" times either (well, except for the beach of course, i want a drink in my hand and the sun on my face).

A place about a 6-12 hour ride from me could actually work great for a yearly vacation with the motorcycle. I'll say one thing, i may have made the mistake of buying from the developer (which i'm rectifying) but it has opened my eyes to the possibilities of time shares and what i could do. I'll be joining this site shortly.
 

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sent it off today, followed the form letter posted above referencing my contract number and down payment, the top of the letter above the addresses also has the tracking info for the sales documents and the certified letter tracking number as suggested above. Sent to the agent that is spelled out in the documentation. I think i went above and beyond but i don't want any doubt. Monday is my last day so i dont want an issue to come back and bite me. Have copies and receipts of all
 

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Congratulations on recinding. One thing to watch out for is the salesperson may try and call you to salvage the deal (they may offer more "points" some "VIP Program" or even to knock a few thousand dollars off of your initial contracted price. You are under no obligation to engage them in conversation. As long as everything was done as stated in your contract then you will be free and clear. Remember, the salesperson is paid on commission and will do whatever it takes to keep their commission.
 

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Congratulations on recinding. One thing to watch out for is the salesperson may try and call you to salvage the deal (they may offer more "points" some "VIP Program" or even to knock a few thousand dollars off of your initial contracted price. You are under no obligation to engage them in conversation. As long as everything was done as stated in your contract then you will be free and clear. Remember, the salesperson is paid on commission and will do whatever it takes to keep their commission.
thanks, do they have to confirm in writing as i requested? I usually dont answer the phone if i dont know the caller, so i'd rather just not deal with a conversation if i dont have to
 

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Nope...

thanks, do they have to confirm in writing as i requested? I usually dont answer the phone if i dont know the caller, so i'd rather just not deal with a conversation if i dont have to
No, the developer is not legally obligated to do anything more than simply process your rescission / cancellation and refund your deposit. They may send you something in writing, but are not required to do so.

Good plan on henceforth staying off the phone on this. Nothing good can possibly come of phone conversations with disappointed sales weasels who suddenly see their commission quickly disappearing...
 
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Your rescission is going to go fine.
 
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