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Rescind my Timeshare

Sree

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Hi i have brought a timeshare at Hilton Grand Vacations Tuscany, Orlando during my stay at Elara in Vegas on 04/28/2018. I want to rescind my purchase now. Did i pass my rescission period already. Which state rescission laws apply to me? Orlando or Nevada? Please help me as i want to get out of it.
 

Passepartout

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In Florida (where you bought) it's 10 days. So you may want to get the letter in the mail ASAP. You'll sleep better.
 

Sree

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In Florida (where you bought) it's 10 days. So you may want to get the letter in the mail ASAP. You'll sleep better.
Thank you..And is it 10 business days?Even though i will do it right away
 

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No - it's 10 calendar days.

during my stay at Elara in Vegas

But it appears that you bought it in Nevada, so Nevada law applies.
 

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Passepartout

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I think it's 10 calendar days. But you can google it as well as I can. Why push it? There are sample rescission letters all over TUG, just be sure all signers of the contract sign the rescission letter. Send it Certified w/return receipt.

Glad you found TUG.

Jim
 

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Nevada is 5 days.
 

Sree

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I am Kinda Confused now.. Is it Nevada or Florida?
 

Passepartout

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OOPS! My BAD!!! I read Orlando, but you bought in Nevada! That's not good!
Here:
Right to Cancel a Timeshare Purchase in Nevada
In Nevada, you may cancel, by written notice, the contract of sale for a timeshare purchase up until midnight of the fifth calendar day following the date you signed the contract (Nev. Rev. Stat. § 119A.410(1)). The contract of sale must include a statement of the right to cancel.
 

DeniseM

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Your right to rescind is based on the state where you sign the contract - not where the resort is located.
 

Passepartout

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You have until midnight of the 5th day after signing the contract. That's yesterday by my math. Better get moving!
 

Sree

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OOPS! My BAD!!! I read Orlando, but you bought in Nevada! That's not good!
Here:
Right to Cancel a Timeshare Purchase in Nevada
In Nevada, you may cancel, by written notice, the contract of sale for a timeshare purchase up until midnight of the fifth calendar day following the date you signed the contract (Nev. Rev. Stat. § 119A.410(1)). The contract of sale must include a statement of the right to cancel.
DAMN! i might need to read over the contract to find the rescission time to be sure.
 

Passepartout

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I don't think you have time. You might just be a brand new timeshare owner. Our experience is that HGVC is not as hard nosed as some other TS companies, but facts are facts- you're beyond the legally required rescission date in Nevada.
 

Sree

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In the scenario that i passed my rescission date...what would be my options here? i took a monthly finance option and paid a initial deposit of 2k on a property of 19k.
 

Sree

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How can i get out of this with minimum damage??
 

Passepartout

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How can i get out of this with minimum damage??
If it was me- I'd get the rescission letter out TODAY- FAX if that's allowed. FED-EX if you have to. Smoke signals. Prayers. Even if it's late, they might process it. But with full knowledge that you may be an owner of the contract that you signed.
 

Passepartout

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Sree, Since you first asked the question at 4:00 p.m. Las Vegas time on the 6th day after signing the contract, there isn't much that can be done.
 

GT75

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In the scenario that i passed my rescission date

Before you go down that road, I would advise that you get a certified rescission letter in the mail today. HGVC might honor it. Just make sure that you get all parties on the original contract sign it. Follow the instructions in your package.
 

Sree

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If it was me- I'd get the rescission letter out TODAY- FAX if that's allowed. FED-EX if you have to. Smoke signals. Prayers. Even if it's late, they might process it. But with full knowledge that you may be an owner of the contract that you signed.
Yes, i am the only one on the contract
 

Sree

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Before you go down that road, I would advise that you get a certified rescission letter in the mail today. HGVC might honor it. Just make sure that you get all parties on the original contract sign it.
What is ceritified rescission letter? Is it any different than the sample ones online?
 

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Sorry, certified mail or certified receipt.
 

Jason245

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You might still win on 10 day rule because the property is located in florida and as such might be subject to Florida law (as well as Nevada law).

Hgvc is also headquartered in florida. I would read the contract for cancelation terms and coditions and try to comply. . Then if worse comes to worse and they reject you because of Nevada law, you can try to sue to get out in florida. .

Sent from my SAMSUNG-SM-N910A using Tapatalk
 

Sree

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Hi everyone.. I just went through my Rescission rights in the package i received. It clearly says "..you must notify the developer in writing of your intent to cancel within seven calendar days of receipt of the public report or the date you sign the purchase contract.."
 

Sree

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I found a letter that says
"STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE SUBDIVISONS
RESCISSION RIGHTS(Time Share) "
I am resident of california..and What all do i need to enclose in this certified mail?
 
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