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Rescind Help, Timeline Urgent

jmiller2013

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Upon returning home from a trip my wife and I realized we made a mistake in a timeshare purchase in Las Vegas. We made this purchase yesterday afternoon 6/5/15. I have read through other posts and understand how to and what to send but two questions I have.

What is written in the contract:

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, and the contact of sale must include a statement of this right. The right of cancellation may not be waived. Any attempt by the developer to obtain a written waiver result in a contract which is voidable by the purchaser. The notice of cancellation may be delivered personally to the or sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service, to the business address of the developer. The developer shall, within 20 days after receipt of the notice of cancellation, return all payments made by the purchaser.

My main concern is that tomorrow is Sunday, getting this sent out is going to be an issue, or at least getting it to actually mail tomorrow. Office Depot offers UPS and USPS service on Sundays (says online, but have not verified). I am curious if we should even try UPS considering it says "recognized" overnight delivery service which I dont know if they could decided what is "recognized" and what is not?

-Does the timeline count by postmarked date packaged letter or does it need to be in the company's hand by that time. (concerned that we are in Maryland and the Purchase was in Vegas).

-Should we have the letter notarized(does this help with anything)? If so should we send the original or copy of original?

-I read in another forum to inform credit card company of the charge to ensure no more charges are made by the company, even though I cant dispute it since I in fact approved it. Should I contact them?

I am very embarrassed over this lapse in judgment and am so happy I found your site and hope to be relieved of stress soon. Sounds to good to be true....it is.

We originally only agreed to tour the property as we were told just for taking two hours to tour the facility we would receive 2-$100 Restuarant.com gift cards and 2-$100 Casino Royale Slot play certificates (we also recieved $20 cash cab fare to get back to our hotel quickly to make our flight). Do we need to return these with the letter or no since these were for touring the facility?

In case any other readers want to know to ensure they know of groups out there it was Sapphire Resort Group out of the Jockey Club in Las Vegas, NV.

Thank You So Much!
 

DeniseM

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It just has to be MAILED by the deadline - not received.

Notarization is not required by your instructions so don't bother.

I think it's a good idea to notify your credit card.

You do not have to return the presentation gifts, unless the rescission instructions tell you to do so.

If you received a binder or a briefcase with your materials, sometimes they require those back - or will charge a nominal fee. If you decide to send it back - mention it in your letter, but send it separately by a cheap method like "media mail."
 

sjsharkie

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Send by certified mail on Monday 6/8 (or Sunday if it really is bothering you and you can find a post office open) -- this will give you the proof of mailing that you will need and it is within the 5 day rescission limit. You can send by UPS but it is more expensive and not necessary.

As Denise said, letting your credit card company know won't hurt, but it is not necessary. You have 60 days to dispute a charge -- and that is 60 days after you receive the actual bill with the charge in question.

Congrats on finding TUG in time; many don't. Pay for a membership here, and you can still buy in Vegas at a fraction of what the developers are asking for.

-ryan
 

Karen G

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Just be sure to mail your rescission letter by certified mail so that you have a receipt from the post office showing the date it was mailed. Keep a copy of your letter, and you should be fine.
 

TUGBrian

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TUGBrian

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vacationhopeful

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Yes ... it needs to be sent SUNDAY ... and there are FEW USPS still open on SUNDAY ... you most likely will be travelling to one in the Baltimore or DC area.

Sorry, just because the USPS changes hours of service, the individual STATE LAWS regarding recessions have NOT been altered .... yet.
 
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vacationhopeful

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ROAD TRIP:

Main Branch in DC is opened from 9am-5pm on Sundays...

2 Mass. Ave NE
Washington, DC 20002-9997

9AM-5PM TODAY - yes, Sunday


You can check via USPS.COM for another open post office ... HA, HA .. checked 50 miles around Baltimore --nothing open.


And I live near Philadelphia .. I already KNOW those are closed (I mail multiple times a year date sensitive material) .. even late hour stuff is getting hard to do .. I run at least 3 times a year to 30th Street Station (PHL main open post office) and I will bet late hours will be gone there in the next few years --- the line is shorter each time and the number of clerks fewer. Used to be open 24/7 with a LONG lines; last trip on the June 1st had me parking illegal with flashers & I got in, mailed and out before the cops gave me a ticket at 8:30PM ... site closed at 9PM.
 

Talent312

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[Rewritten for clarity:]
When a provision says, certified mail -- Of course, you follow that instruction.
But where specificity is lacking -- I would send a 2nd letter with "proof of delivery" only.

Sometimes certified mail can sit in a P.O. for a while only to be returned to sender, unopened.
The addressee, for reasons known only by them, may delay or never get around to accepting it.
.
.
 
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famy27

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I'm confused. If this was purchased on 6/5 and there are five calendar days to rescind, why would the OP need to send something today? Today is just 6/7. Unless I'm missing something, sending it tomorrow should be fine.
 

Passepartout

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Much ado here about no big thing. OP posted the instructions for rescission (in 1st post, second paragraph) that clearly state to send it Certified with Return Receipt. Talent, why do you insist otherwise? The instructions clearly say the OP has 5 calendar days to get the rescission in the mail. Monday will be fine. No need for jumping through hoops or sounding the alarm to get it off on Sunday.

OP, Welcome to TUG. If timeshare is still of interest, stick around, do a little reading, rent at TSs for the next few- or more- vacations and become an informed consumer.

Jim
 

TheTimeTraveler

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Many Post Offices in major cities now have an automated 24 Hour machine in which you can do things such as mailing packages or certified letters at anytime day or night, 7 days a week.

However, if one doesn't know how to prepare a certified mailing then I would suggest the buyer to wait until Monday so that a Postal Clerk may assist with preparing the mailing correctly.

And, as some others have said, using the purchase date provided then there really is no need to do this on a Sunday unless it takes some mental stress off the buyer.



.
 

Talent312

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Talent, why do you insist otherwise?
My post was inartfully drafted. Of course, you do it the way the contract provides.
In some cases, where not specified, you recipients may delay or never get around
to accepting certified mail. I've had certified mail returned, unopened - in other contexts.
 
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TUGBrian

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nice! updated! thank you!
 

DeniseM

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Where not so specified, you need to be aware that sometimes, recipients delay or never get around to accepting certified mail. I've had certified mail returned,
unopened -- in other contexts.
Just to clarify for the OP: If this happens (and I don't think it will) it has no impact on your right to rescind. Failure on the developer's part to comply with the law is on them - not you. It might delay it, but you have the legal right to rescind.

That being said, in my many years on TUG, I've never heard of this happening with a rescission.
 

sjsharkie

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Yes ... it needs to be sent SUNDAY ... and there are FEW USPS still open on SUNDAY ... you most likely will be travelling to one in the Baltimore or DC area.

Sorry, just because the USPS changes hours of service, the individual STATE LAWS regarding recessions have NOT been altered .... yet.
Why are you saying it needs to be sent out Sunday?

Unless the OPs information is inaccurate, they purchased on 6/5 and have until midnight on the 5th calendar day following to rescind. This would technically give them until Wednesday 6/10 to send the rescission letter.

FYI, NV law states 5 days to cancel, so this aligns with state law.

-ryan
 

dioxide45

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Certified mail is unnecessary and an unneeded expense. It is also possible, but not probable, that the recipient refuse to sign for the certified letter and it be returned to sender. I would not expect any up and up timeshare company to do this.

What you REALLY want to get from the USPS is a Certificate of Mailing. While Certified Mail isn't really all that expensive, a Certificate of Mailing is cheaper and proves that you fulfilled the obligation of mailing on time. It would also work just as well, if not better, if pressed for proof of mailing a recision letter.

Here is how the USPS describes the Certificate of Mailing
Certificate of Mailing

Have evidence that you send the item when you say you did. This official record shows the date your mail was presented to USPS for mailing.
Certificate of Mailing: $1.35
Certified Mail: $3.45

Of course, $2 isn't really anything to worry about when rescinding a contract that could cost you thousands.
 

Passepartout

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Certified mail is unnecessary and an unneeded expense. It is also possible, but not probable, that the recipient refuse to sign for the certified letter and it be returned to sender. I would not expect any up and up timeshare company to do this.
Did you read the OP?
This: from the OP's quote from the contract, "The notice of cancellation may be delivered personally to the or sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service, to the business address of the developer."

Apparently, Certified mail IS necessary. Or so says the developer.

Jim
 

dioxide45

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Did you read the OP?
This: from the OP's quote from the contract, "The notice of cancellation may be delivered personally to the or sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service, to the business address of the developer."

Apparently, Certified mail IS necessary. Or so says the developer.

Jim
Yeah, I guess I didn't read that:eek:

Though in the absence of that verbiage, Certified Mail is not necessary, but we still often recommend it here. My point is that if Certified Mail isn't necessary, there are other options to prove that you sent a letter.
 

vacationhopeful

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I send out many legally REQUIRED mailings of notice - ALL must be sent Certified Mail Return Receipt along with a USPS Regular Mailed copy of the notice. A person can REFUSE to accept the Certified Mail .. but the regular mail is sent at the same time (and is left at the address - default acceptance).

Do I NOT care about the additional cost? YES! BUT I am required to pay it AS LEGAL PROOF I DID THE MAILING. I would rather just sent if via regular mail or with a proof of mailing .. but the JUDGE in the COURT ROOM says I have to send it "Certified Return Receipt/with a 2nd copy sent via Regular Mail" as PROOF I mailed it ... so let the "I am smart than the judge people not sign for it OR not open the regular mailed letter or not forward their mail" ... I am protected as I did what the law REQUIRES ... AND if the person has moved, the law ASSUMES they would be forwarding or holding their mail .... I have served notice.

Yes, there are some court cases requiring PERSONAL SERVICE .. on the person. My stuff does NOT ... service to their address or forwarded by the USPS to their new address.
 

jmiller2013

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Sent out

Thank you again everyone who helped my wife and I. All has been sent out as exactly in contract and Nevada requirements. Glad it's over, besides the waiting game of 20 days for return.
 
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Let me know how it goes! I am currently waiting for the refund as well, they just received my rescind letter today, hope all goes well.
 

LannyPC

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Glad it's over, besides the waiting game of 20 days for return.
Not quite. It's possible that you will be receiving a phone call from a sales person or someone else at the resort begging you to reverse your decision to rescind. Do not take any phone calls from Nevada. No possible good will come from any phone conversation.
 

akdrc

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SO if it says certified mail and you send it Express, You are doomed? Are they that nit-picky?
 
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