Rescinding on an HICV Orange Lake Country Club Timeshare???

[theo]

I will send the letter with paperwork documents (purchase agreement, loan docs etc..) they provided to us.
I will let you know status of my cancellation. I hope all goes well. Thanks again.

Do not return any originals of contract documents --- send only photocopies.
A few relevant points to keep in mind:

1. It could (lawfully) take up to 45 days before you actually see the 100% refund of your deposit, although it likely will not take nearly that long.

2. You may get phone calls from desperate sales weasels looking to salvage the sale (and their commission). Do not answer any incoming calls from numbers you don't recognize. No good can come from further conversation with those people --- and any such verbal discussion of a contract which has already been executed is legally meaningless anyhow.

3. They will process your timely submitted rescission if / when sent to the correct address. They are not doing you any personal favors or granting you any kindnesses by doing so; they have no choice --- they must comply with the law. They need not keep you "updated" in any way at any time, but they nonetheless must cancel the contract (and the associated loan) and return 100% of any deposit money paid.

 

[nickdesai1983]

Do not return any originals of contract documents --- send only photocopies.
A few relevant points to keep in mind:

1. It could (lawfully) take up to 45 days before you actually see the 100% refund of your deposit, although it likely will not take nearly that long.

2. You may get phone calls from desperate sales weasels looking to salvage the sale (and their commission). Do not answer any incoming calls from numbers you don't recognize. No good can come from further conversation with those people --- and any such verbal discussion of a contract which has already been executed is legally meaningless anyhow.

3. They will process your timely submitted rescission if / when sent to the correct address. They are not doing you any personal favors or granting you any kindnesses by doing so; they have no choice --- they must comply with the law. They need not keep you "updated" in any way at any time, but they nonetheless must cancel the contract (and the associated loan) and return 100% of any deposit money paid.

I already sent letter with original contract documents. Hope this is not issue now.
Documents provided by Orange Lake Country Club were photocopies of documents we signed with quality assurance office in the room.

 

[Passepartout]

I already sent letter with original contract documents. Hope this is not issue now.
Documents provided by Orange Lake Country Club were photocopies of documents we signed with quality assurance office in the room.

So do we. Keep your fingers crossed that they can't tell you don't have copies. There is no requirement that they inform you of progress on your rescission. Just watch your credit card account for a refund.

 

[theo]

I already sent letter with original contract documents. Hope this is not issue now.
Documents provided by Orange Lake Country Club were photocopies of documents we signed with quality assurance office in the room.

Hopefully, no harm and no foul. Retaining originals is just a recommended measure to ensure that those originals of the contract don't get "doctored" later without your knowledge or consent (perhaps an overkill precaution or concern, truth to tell). Presumably you have at least retained copies of everything for yourself.

 

[hkocno]

We just got home with buyers remorse. Writing the rescind letter now (purchase date was 6/4). Seems clear enough other than 4 questions:
1. We don't have "original" anything - we only have photocopies of all contract documents. Is this normal? (they're even shrunk to fit 2 sheets on 1 page)
2. Is there a need to spell out whose attention the letter needs to go to? Within the agreement it says if you want to sell in the future to send letter "Attention Deeding Dept", but assuming if they don't list anything specific it shouldn't be required.
3. Reading the FL statute it states you can send written notice through mail or "telegraph" which I would assume means email. On BBB site they list a paralegal Joann Rivera as a principal contact at jrivera2@orangelake.com (she's actually who replied to several complaints and included that email). While I plan on printing and mailing the letter certified as recommended, is there any harm in also sending copy to her email address?
4. I don't see anywhere that the materials need to be returned - is this required?
- just a comment: Glad to find this site! Validates what we already had figured out.
Thanks!

 

[theo]

1. We don't have "original" anything - we only have photocopies of all contract documents. Is this normal?

Not common, but if you have copies of the originals, it doesn't really matter.
Just be certain to retain photocopies of anything and everything you have.

2. Is there a need to spell out whose attention the letter needs to go to?

No. Just send the letter to the specific address provided in the rescission (cancellation) instructions provided to you at the time of contract execution (as is required by law).

3. While I plan on printing and mailing the letter certified as recommended, is there any harm in also sending copy to her email address?

Email is legally meaningless and pointless in a contract matter, so don't even bother. You would only be unnecessarily providing a "heads up" --- which might lead to unwelcome phone calls from desperate sales weasels who see their commission about to disappear.

4. I don't see anywhere that the materials need to be returned - is this required?

Westgate (lawfully) charges $150 if a rescinding buyer fails to return such materials, but I have not personally heard of any others (including Orange Lake) ever attempting to do so.
I would just send that junk back separately (and inexpensively) via media mail rate.

 

[hkocno]

Thank you! Sent certified yesterday so just watching the tracking progress.

 

[Jndg1025]

I recently (June 22,2018) purchased a timeshare with Orange Lake Resorts. I found the cancellation information in the purchase agreement and with that and information from this user group thread, I sent a cancellation of agreement letter on June 26. I received a refund in my down payment along with a letter stating from Deeds and Cancellation department stating that the refund represents my “original deposit”, and that they regret I’ve “decided not to become a member”. I’m worried because it refers to refund as a refund of deposit and doesn’t say the contract has been rescinded or the purchase agreement cancelled.
They are now calling and saying they need to speak to me in regards to my cancellation. They want to be sure the cancellation is processed smoothly and need to verify my zip code and yet I’ve received the “return receipt” as well as the letter from the Deeding and Cancellation department.
How I can I know for sure the contract/purchase agreement has been cancelled? Do I need to take further action?
Thank you!

 

[moonstone]

I recently (June 22,2018) purchased a timeshare with Orange Lake Resorts. I found the cancellation information in the purchase agreement and with that and information from this user group thread, I sent a cancellation of agreement letter on June 26. I received a refund in my down payment along with a letter stating from Deeds and Cancellation department stating that the refund represents my “original deposit”, and that they regret I’ve “decided not to become a member”. I’m worried because it refers to refund as a refund of deposit and doesn’t say the contract has been rescinded or the purchase agreement cancelled.
They are now calling and saying they need to speak to me in regards to my cancellation. They want to be sure the cancellation is processed smoothly and need to verify my zip code and yet I’ve received the “return receipt” as well as the letter from the Deeding and Cancellation department.
How I can I know for sure the contract/purchase agreement has been cancelled? Do I need to take further action?
Thank you!

I would think that if they have refunded your deposit then the purchase agreement has been cancelled since they no longer have a deposit for it. You may or may not get another letter stating the contract/purchase agreement has been cancelled. They probably want to talk to you to try and change your mind, or offer you another package - a common practice! Don't talk to them! As you said they already have your zip code from your letter.


~Diane

 

[dschroeter]

I created an account just to thank this forum and to add another $20000 to the saved money pool! I have a similar story to others here: Florida residents, got a good deal on a 2 night stay at a suite, went in with the wife to say no, got bamboozled, signed the contract, did the research that evening, sent the rescind letter, got refunded. To their credit we were not hassled afterward and got the cancellation letter within a week. Thanks again!

 

[shi34]

Yes, you've done all that is required within the rescission time period. Welcome to TUG! Now, relax and wait for your refund.

Thanks Jim. I will send the letter with paperwork documents (purchase agreement, loan docs etc..) they provided to us.
I will let you know status of my cancellation. I hope all goes well. Thanks again.

Hi Jim,
I am in a similar situation as well. I sent the rescission letter similar to the one above, but without a copy of the signature page. The resort is closeby, so i will try to stop by in person and give another written letter with a copy. I wish there was someone at the hotel address given that can confirm everything needed by procedure. Do you think it would be a good idea to ask for someone at the hotel? Or just send another mail with the letter and the copy of the signature page and promo materials. Hope to hear from you and thanks! Glad I found this resource.

 

[moonstone]

Hi Jim,
I am in a similar situation as well. I sent the rescission letter similar to the one above, but without a copy of the signature page. The resort is closeby, so i will try to stop by in person and give another written letter with a copy. I wish there was someone at the hotel address given that can confirm everything needed by procedure. Do you think it would be a good idea to ask for someone at the hotel? Or just send another mail with the letter and the copy of the signature page and promo materials. Hope to hear from you and thanks! Glad I found this resource.

I don't think it is a wise idea to stop by the hotel/resort. That will just give them another chance to change your mind or sell you something else. If you look very carefully at all the paperwork (or view the CD) that was given to you, there should be specific instructions for rescinding including the address to send the letter to. The sales/presentation location is very often (almost always) not where the letter should go. There have been cases of people handing/mailing their letters to the sales office which were then thrown out thereby causing the rescission period to be missed.

If you are still within the rescind period it would be a good idea and cheap insurance to write another letter, include a copy of the signature page, and mail them to the proper location by a method that includes proof of delivery. You can include in the letter that the promotional materials will be returned separately then send them by the cheapest method to the same address.

Good luck!

~Diane

 

[Passepartout]

Hi Jim,
I am in a similar situation as well. I sent the rescission letter similar to the one above, but without a copy of the signature page. The resort is closeby, so i will try to stop by in person and give another written letter with a copy. I wish there was someone at the hotel address given that can confirm everything needed by procedure. Do you think it would be a good idea to ask for someone at the hotel? Or just send another mail with the letter and the copy of the signature page and promo materials. Hope to hear from you and thanks! Glad I found this resource.

At the cost of getting some copies and mailing another Certified Letter against going to the salesroom and potentially getting hassled, I'd take the post office every time. They'll even do the copies for a quarter a page.

We're glad you found us too.

Jim

 

[shi34]

At the cost of getting some copies and mailing another Certified Letter against going to the salesroom and potentially getting hassled, I'd take the post office every time. They'll even do the copies for a quarter a page.

We're glad you found us too.

Jim

Thanks! I have 5 more days on the rescission period so will send out another mail with everything(cancellation letter, promo, copy of the contract page) with proof of delivery. For keeping count here, that saves me $30,000.(about 62,000 total after finishing the loan).
I believe all the three salespeople including the quality officer effectively lied about everything including the cost and vacations i will be getting. The quality officer hasn't reached us or my email I sent yesterday with the letter. Will update again, but the original letter should have reached them today. Hope it works out.

Shiva

 

[rickandcindy23]

Congratulations on rescinding. I especially despised Orange Lake's sales' pitch, and it was a long time ago. We vowed to never go through that again. I feel the same about Westgate. I cannot imagine being stuck with an ownership of a property that is easy to just get via exchange with virtually any deposit I have.

There are some great options for buying.

 

[Kevin Cardozo]

I purchased a 50k point timeshare with HIVC. I have read the contract inside and out for rescinding time period of our purchase, but cannot find it. Is it possible for HIVC to deny a rescinding request?

 

[Passepartout]

I purchased a 50k point timeshare with HIVC. I have read the contract inside and out for rescinding time period of our purchase, but cannot find it. Is it possible for HIVC to deny a rescinding request?

Impossible for them to disallow rescission within the lawful period set by state law. Where did you sign the contract?

 

[Kevin Cardozo]

At orange lake resort in Florida

 

[Passepartout]

At orange lake resort in Florida

In Florida, you have 10 calendar days to rescind. The instructions are REQUIRED to be in the contract you signed. They just don't have to make it obvious. And they don't.

Absent the instructions, just a simple letter will do. Mail it USPS Certified along with a COPY of the signature page of the contract to the business office (not the resort) and they HAVE TO honor it and process the rescission.

We're glad you found us in time to save 10's of thou$and$.

Jim

 

[Kevin Cardozo]

Ok. Another question. With the holidays and all, my wife and I really didn't sit down and talk about the timeshare till last night. After doing research on rescinding the timeshare and figuring out the number of days we had left to do so, today at midnight would be our last day. So I drafted the letter, sent it out certified via usps. Unfortunately the letter isn't scheduled to get there till Saturday. Are my wife and I in the clear since we sent it out today or are we out of luck?

 

[Passepartout]

The date that matters is the postmark date. You should be all good. Congratulations.

 

[Kevin Cardozo]

Awesome. Thank you for your time.

 

[silentg]

Good luck!

 

[Mik3leee]

It needn't be anything fancy or legalese, just a simple:
I/We wish to exercise our right to rescind and cancel contract #___________ Dated 5/--/2018.
Signed ___________ Husband/ _______________ Wife

You should send a COPY of the signature page for ID purposes.
Send their promotional materials back by cheapest means and keep the receipt for doing it.
Send the letter USPS Certified w/return receipt (so you know it's delivered- for your peace of mind- What matters is the postmark) Or by whatever means is spelled out in your contract.
You don't have to specify any reason you're rescinding, in fact specifying is a very bad idea.

Glad you found TUG in time.

Jim

Im sorry but we just send our rescinded letter only by certified mail with return recipt without any signature pages included in the letter. Should that be a problem?

 

[Passepartout]

Im sorry but we just send our rescinded letter only by certified mail with return recipt without any signature pages included in the letter. Should that be a problem?

I don't know, but you can fix it at the cost of more postage.