Rescinding my Westgate Timeshare

[Hazel]

My partner and I signed a timeshare yesterday 4/6/23 at WG Gatlinburg. It seemed like such a great deal but like everyone else on TUG realized today that we made a HUGE mistake. Upon reading various posts from years ago, it seems the best course of action is to send a letter via certified mail and to keep a copy of the receipt. One of the options given to us other than hand delivering a letter was to send a letter via electronic mail. I did that today 4/6. I however want to send a physical letter as well. I’m not sure however I put the correct contract number in my email. Is that the same as my account #? How do I find where that is on my paperwork? Also should I send copies of anything else along with my letter? I will be sending the promotional ipad the cheapest way possible. Thanks in advance to anyone that helps!

 

[TheTimeTraveler]

Wastegate is well known to hide information needed to easily rescind so it doesn't surprise me that you can't determine the correct contract number.

The simplest thing to do is to make a Xerox copy of your contract and include with your rescission letter at the time of mailing. Be sure your partner also signs the rescission paperwork. Mail everything via USPS Certified Mail and retain a copy for yourself. Also be sure to retain a copy of your Postmarked Receipt indicating that you did in fact mail it within the legally allowable rescission timeframe. Remember, it doesn't matter when they actually receive it, but it does matter when it is mailed.

They may attempt to contact you in order to change your mind or sweeten the deal but pay no attention to their phone calls. Allow as many as 45 days in order to receive your refund.

Smart move to rescind. Look at eBay and see what you can buy for just one dollar. I'm confident you just saved yourself thousands of dollars!





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[simpsontruckdriver]

Usually, all you need to send them by Certified Mail (you can send regular but it's iffy) is a letter signed by you and your partner stating you're rescinding, and the iPad. Wastegate makes it hard to find the address, but hand-delivering it is no better than putting it in the trash, they won't do anything with it. Also, be prepared. Between yesterday and the end of Tennessee's rescission period, Wastegate will call you to attempt to get you to take back your cancelling. If you answer and they say they are from Westgate, hang up on them.

TS

 

[The Colorado Kid]

Curious how much your timeshare cost if you don't mind sharing...all good if you don't want to share.

 

[Hazel]

Thank you both for the advice. I sent a letter certified with a return receipt today 4/8 with both my partner and my signature. I have a receipt for my records and hope this all gets resolved rather quickly. I will keep updates. I’m glad we realized our mistake and hope to put this behind us soon.

 

[noreenkate]

TDCI: Don’t Let Timeshare Scammers Leave You Without a Vacation

NASHVILLE – If you’ve gone on vacation in a resort-populated area, it’s likely you’ve been offered to join a timeshare seminar. With vacation season in full swing, the Tennessee Department of Commerce and Insurance’s (TDCI) Division of Consumer Affairs is offering tips to help consumers avoid...

www.tn.gov

• Know the law. In Tennessee, the developer has to disclose certain information before or at the time of purchase. The developer cannot mislead or give false information to the purchaser in order to get the purchaser to buy (Tenn. Code Ann. § 66-32-132).

• Know the cancellation policy. In Tennessee, a timeshare purchaser has the right to cancel the sale for 10 days from the date of signing the contract if the purchaser made an onsite inspection of the property, and 15 days if there was no inspection. The cancellation notice must be writing (Tenn. Code Ann. § 66-32-114).

if you have problems after sending receiving your USPS signature receipt
please note that in Tennessee timeshare sales are governed by department of commerce…

 

[TUGBrian]

so very happy you found TUG in time to rescind and get a full refund!

 

[Hazel]

TDCI: Don’t Let Timeshare Scammers Leave You Without a Vacation

NASHVILLE – If you’ve gone on vacation in a resort-populated area, it’s likely you’ve been offered to join a timeshare seminar. With vacation season in full swing, the Tennessee Department of Commerce and Insurance’s (TDCI) Division of Consumer Affairs is offering tips to help consumers avoid...

www.tn.gov

• Know the law. In Tennessee, the developer has to disclose certain information before or at the time of purchase. The developer cannot mislead or give false information to the purchaser in order to get the purchaser to buy (Tenn. Code Ann. § 66-32-132).
• Know the cancellation policy. In Tennessee, a timeshare purchaser has the right to cancel the sale for 10 days from the date of signing the contract if the purchaser made an onsite inspection of the property, and 15 days if there was no inspection. The cancellation notice must be writing (Tenn. Code Ann. § 66-32-114).

if you have problems after sending receiving your USPS signature receipt
please note that in Tennessee timeshare sales are governed by department of commerce…

Since I bought the timeshare in TN then TN laws apply in terms of the timeshare? Or would FL laws apply since that’s where I have to send the letter?

 

[noreenkate]

Since I bought the timeshare in TN then TN laws apply in terms of the timeshare? Or would FL laws apply since that’s where I have to send the letter?

Just so there is no confusion- rescind to the address listed in your paperwork!


The state of Tennessee is where you can file a complaint against the sales team real estate licensing

If you feel you’ve been treated unfairly by a timeshare company, file a complaint with TDCI’s Division of Consumer Affairs at tn.gov/consumer.

 

[Hazel]

Just so there is no confusion- rescind to the address listed in your paperwork!


The state of Tennessee is where you can file a complaint against the sales team real estate licensing

If you feel you’ve been treated unfairly by a timeshare company, file a complaint with TDCI’s Division of Consumer Affairs at tn.gov/consumer.

Ok. Thank you. I sent the rescission letter to the Westgate Resorts in Ocoee FL which was where our contract stated to send any cancellation notice to. I appreciate your response.

 

[Hazel]

Can someone clarify….our contract says that we may cancel by “ mailing notice of cancellation by prepaid United States mail at 2801 old winter garden road ocoee florida 34761, postmarked anytime within the designated period for voiding the contract, to the other party or the other party’s agent for services process”
That just means I send the Florida address my letter right? Addressed to Westgate Resort LTD. I don’t know why the wording is confusing me.

 

[theo]

Can someone clarify….our contract says that we may cancel by “ mailing notice of cancellation by prepaid United States mail at 2801 old winter garden road ocoee florida 34761, postmarked anytime within the designated period for voiding the contract, to the other party or the other party’s agent for services process”
That just means I send the Florida address my letter right? Addressed to Westgate Resort LTD. I don’t know why the wording is confusing me.

Yes, you’ve got it. Use certified mail, so that you obtain a date stamped receipt (proof of postmark date) at the USPS counter. Make sure that you and your partner BOTH sign the rescission letter If both of you signed the contract.

The horrific irony of a Wastegate purchase is that no matter what amount you agree to pay the developer, the ownership is still virtually worthless in the resale market as soon as the ink is dry on the contract, due in large part to deliberate and very restrictive Wastegate policies on reservations by resale buyers.

Good job and well done escaping the clutches of Wastegate in time!

You asked about rescission time frames. Florida and Tennessee actually both have the same rescission period under their respective state laws (10 days, the longest in the U.S.). Most states allow 5-7 days and a few allow only 3 days, but the state in which you sign the contract is the state whose rescission law and time frame applies.

 

[LannyPC]

The other thing we here at TUG like to caution people about who are in your situation is this. Watch out for any unidentified phone calls coming your way. It's possible that the sales people at Westgate will be calling you trying to persuade you to reverse your decision to rescind. They might try a couple of different tactics. One is that they will try to "sweeten the pot" by offering you a few more perks. The other is that they will lyingly issue threats saying that you will face serious legal or financial consequences if you rescind.

Also, keep in mind that Westgate has up to 45 days to issue your refund, but it usually does not take that long. So, if the refund takes longer than you expected, don't go calling the resort or sales office otherwise the people there might try to convince you to change your mind. Westgate is not obligated to inform you of the progress of your rescission request. It just has to issue you your refund within 45 days. Just keep an eye on your credit card activity and watch for your refund there.

 

[Hazel]

UPDATE:
4/19/23- my partner just received a refund from Westgate this morning minus $150 for the tablet that was given as a promotion. I mailed that the other day so I’m assuming they haven’t received it yet. But I expect a refund for that when they get it.

Didn’t receive a phone call from anyone at Westgate. I’m so glad that we’re out of this mess.

Thanks to everyone who gave advice!!!!! It is much appreciated!

 

[Crod1993]

Why did you do it? What part didn’t you like? Did you pay too much? I’m still within my 10 days day 2

 

[TUGBrian]

Why did you do it? What part didn’t you like? Did you pay too much? I’m still within my 10 days day 2

the simple fact that you still have unanswered questions is MORE than enough reason to rescind and do a bit more reading!

we promise you that you wont consider that retail purchase a "good deal" after even a small bit of research! Cancel while you can!

 

[TheTimeTraveler]

Why did you do it? What part didn’t you like? Did you pay too much? I’m still within my 10 days day 2

@TUGBrian is absolutely correct. Rescind while you still can and save yourself THOUSANDS of dollars.

Westgate weeks may be purchased on eBay for just $1. Do check it out for yourself and hopefully you will understand better. And be sure to do plenty of research!

Best of luck.




.

 

[rjwehr]

Why did you do it? What part didn’t you like? Did you pay too much? I’m still within my 10 days day 2

Rescind now, and you will thank yourself later. I'd recommend you fill out the "What should I buy survey" (https://tugbbs.com/forums/threads/what-to-buy-questions-for-new-timeshare-owners.208742/) and post it in the "New to Timesharing" section. If you still want to buy at Westgate after that, the same deal will be waiting for you. (Although I suspect you'll be able to find something better.) Keep in mind, once your rescission window closes, you're stuck. From personal experience, my parents habitually fell for the timeshare salespeople. It's taken years to get them out from under their annual maintenance fee obligations.

 

[LannyPC]

Why did you do it? What part didn’t you like? Did you pay too much? I’m still within my 10 days day 2

Also, in many cases, if you really want to stay at a Westgate resort, you can rent for less than what you would pay in MFs as an owner.

 

[Hazel]

Why did you do it? What part didn’t you like? Did you pay too much? I’m still within my 10 days day 2

Yes, definitely paid too much. The salesman made it sound like getting a timeshare was an investment and kept referring to it as “property ownership”. But when everything settled after we signed we realized we were going to be paying thousands of dollars for a ONE week out of the year stay at their Gatlinburg resort and we weren’t actually owning the cabin. And if we wanted to stay somewhere else, it’d still be an out of pocket expense. For the money we’d be spending we figured it’d be better spent elsewhere. But also I looked up Westgate and their timeshare the day after we signed and there were so many bad reviews and people who had bad experiences and that was just the cherry on top of what my gut was feeling about signing.

And as @TUGBrian said, if you have all those unanswered questions and any semblance of doubt, rescind!

 

[Newtimeshareneedhelp]

Yes, you’ve got it. Use certified mail, so that you obtain a date stamped receipt (proof of postmark date) at the USPS counter. Make sure that you and your partner BOTH sign the rescission letter If both of you signed the contract.

The horrific irony of a Wastegate purchase is that no matter what amount you agree to pay the developer, the ownership is still virtually worthless in the resale market as soon as the ink is dry on the contract, due in large part to deliberate and very restrictive Wastegate policies on reservations by resale buyers.

Good job and well done escaping the clutches of Wastegate in time!

You asked about rescission time frames. Florida and Tennessee actually both have the same rescission period under their respective state laws (10 days, the longest in the U.S.). Most states allow 5-7 days and a few allow only 3 days, but the state in which you sign the contract is the state whose rescission law and time frame applies.

Does the letter need to be notarized? I stupidly signed up for the timeshare 4 days ago and have been getting the run around from Westgate on how to get out during the 10 day cool down period. The closing officer called me back from a no caller Id number and when I was asking for cancellation address to send the letter of recognition, he hung up on me after giving no info on how to cancel only saying that everything that was needed to cancel is in the paper work. So frustrating.

 

[theo]

Does the letter need to be notarized? I stupidly signed up for the timeshare 4 days ago and have been getting the run around from Westgate on how to get out during the 10 day cool down period. The closing officer called me back from a no caller Id number and when I was asking for cancellation address to send the letter of recognition, he hung up on me after giving no info on how to cancel only saying that everything that was needed to cancel is in the paper work. So frustrating.

No, it is not necessary to get the signatures on your rescission correspondence notarized. You just need to make sure that anyone and everyone who signed the contract also signs the rescission letter. Don't plan on getting any useful or accurate information from Westgate in phone calls; they obviously do not want to help you to rescind in time. The rescission instructions were actually already provided to you, right at the time of contract execution, but Wastegate is notorious for making that information very difficult to find, either by hiding the rescission information within the contents of a CR-ROM or thumb drive, or by hiding the printed paper information within a velcro-stripped binder. In any case, find and follow those instructions precisely before sending your rescission by certified mail (not by fax or by email or by regular mail).

 

[Mangofirefox2426]

So glad you were able to get out! Hubs and I fell for this at Gatlinburg on the 14th of October. Thanks to this epic site and forums. We realized how much this is a terrible and expensive scam.

We went through the contract three times. CD wouldn't work on both of our computers. I looked everywhere in the binder. We only found two lines mentioning that we have 10 days to rescind.

Thanks to the epic peeps here. We ended up sending a letter off to rescind to the Ocoee FL address and Gatlinburg just in case. Along with everything we received to Gatlinburg. We got done today, the 17th. Certified mail as well.

Just wanted to go through more of these forums. As I am a general anxious person. Oops. So glad to hear these success stories though.

 

[LannyPC]

Great! I'll repeat what I said in post # 13......