Rescission period in my state is shorter than where purchased

[pammiet]

Hello, I want to rescind a HGVC timeshare (points) we purchased on Dec 2 in Orlando. Florida allows 10 days but there is an addendum in our agreement that shows the rescission period in Our state of Delaware is 5 days (today). Which time will be honored. The fine print says that if the rescission period in the purchasers state is more than the state of the sale, the longer period applies. It doesn’t say which period of time the purchaser has if their state’s rescission period is shorter. Any advice is appreciated.

 

[tschwa2]

If more than one state's law applies, you would get the longer of the two. In your case you would have 10 days.

 

[DaveNV]

I'd rescind regardless. If you want out, time's passing you by. Send your letter today.

Dave

 

[pammiet]

I'd rescind regardless. If you want out, time's passing you by. Send your letter today.

Dave

It actually is 5 business days for Delaware so five days would be Monday 12/9. My plan is to fax the rescission on Monday and send a hard copy overnight as well.

 

[DaveNV]

It actually is 5 business days for Delaware so five days would be Monday 12/9. My plan is to fax the rescission on Monday and send a hard copy overnight as well.

Just be sure to follow the directions in the information they gave you to the letter. Send the hard copy Return Receipt Requested, so you have verification that they received it. The postmarked date it was sent is the timestamp they use for rescission. Good luck!

Dave

 

[Karen G]

It actually is 5 business days for Delaware so five days would be Monday 12/9. My plan is to fax the rescission on Monday and send a hard copy overnight as well.

Does your purchase contract specifically say that fax is an acceptable means of submitting your rescission? All you need to do is mail your rescission letter by certified mail so that you’ll have a receipt from the post office showing that you rescinded within the time period allowed. The date you mail it is key. The date they receive it has no bearing on the rescission.

 

[pammiet]

Okay, thanks for the explanation. I was only planning to fax as an additional safeguard. It sounds like I do not need to overnight the cancellation. My paperwork says to send it certified mail.

 

[vacationtime1]

Okay, thanks for the explanation. I was only planning to fax as an additional safeguard. It sounds like I do not need to overnight the cancellation. My paperwork says to send it certified mail.

If the paperwork says to send it by certified mail, that is the correct answer. Besides, it gives you proof of mailing. Do it asap.

 

[LannyPC]

Okay, thanks for the explanation. I was only planning to fax as an additional safeguard. It sounds like I do not need to overnight the cancellation. My paperwork says to send it certified mail.

Also, make sure that all parties who signed the original purchase sign the rescission letter. There should be further detailed instructions so make sure you follow those.

The other piece of advice we here on TUG like to give to people in your situations is to watch out for any unknown phone calls coming your way. Sometimes after the rescission letter is received, people from the resort might try to phone you and convince you to change your mind. They might sweeten the offer or even give you threats (albeit idle threats) that you will face serious legal and/or financial consequences if you rescind.

 

[Passepartout]

I'd rescind regardless. If you want out, time's passing you by. Send your letter today.

Dave

She won't be able to get it postmarked until Monday.

 

[pammiet]

If the paperwork says to send it by certified mail, that is the correct answer. Besides, it gives you proof of mailing. Do it asap.

I just shared this advice with my husband. Our salesperson swapped cell phone numbers with him...

 

[Grammarhero]

I just shared this advice with my husband. Our salesperson swapped cell phone numbers with him...

Your husband should block that number.

To track how much TS owners saved, mind sharing how much you saved with rescission? As half of tuggers initially bought developer/resort TS, there is no shaming.

 

[theo]

Hello, I want to rescind a HGVC timeshare (points) we purchased on Dec 2 in Orlando. Florida allows 10 days but there is an addendum in our agreement that shows the rescission period in Our state of Delaware is 5 days (today). Which time will be honored. The fine print says that if the rescission period in the purchasers state is more than the state of the sale, the longer period applies. It doesn’t say which period of time the purchaser has if their state’s rescission period is shorter. Any advice is appreciated.

The law of the state in which the contract was executed is all that really matters. A developer can attempt to get cute by contriving their own separate "addendum", but any such lame effort cannot and will not supersede applicable state law. Where you live matters not one bit anyhow. For example, someone residing entirely outside the U.S., even if they reside somewhere with no contract rescission laws or provisions, would still have available to them the rescission rights provided by U.S. state law (Florida, in this particular instance under discussion) where the contract was actually executed.

Get your rescission postmarked and on its' merry way if not done already, as you have only two days remaining to exercise your rescission rights as provided by applicable state (Florida) law.

I would personally expect such slimy sales weasel behavior from Westgate or Wyndham, but I am frankly a bit surprised to see it from HGVC. I suspect that this might actually be an effort by local rogue sales weasels; I cannot imagine that Hilton would ever knowingly allow or tolerate their sales force taking such egregious and inappropriate liberties with state law(s).

 

[Grammarhero]

I just shared this advice with my husband. Our salesperson swapped cell phone numbers with him...

We hope your rescission and deposit refund were successful. To track how much TS owners saved on TUG, mind sharing how much you saved with rescission? As half of tuggers initially bought developer/retail TS, there is no shaming.

 

[pammiet]

Your husband should block that number.

To track how much TS owners saved, mind sharing how much you saved with rescission? As half of tuggers initially bought developer/resort TS, there is no shaming.

 

[pammiet]

Our purchase was a little over $15,000 for 4800 pts on odd years. They threw in 9600 points.

 

[pammiet]

We hope your rescission and deposit refund were successful. To track how much TS owners saved on TUG, mind sharing how much you saved with rescission? As half of tuggers initially bought developer/retail TS, there is no shaming.

I sent the rescission certified mail within the time period and received an acknowledgment of receipt. The email said that it would be sent to the site where it was purchased for review and refund. I haven’t heard anything else. I’m waiting to see if they refund my deposit w/I the 15 day period,

 

[TheTimeTraveler]

I sent the rescission certified mail within the time period and received an acknowledgment of receipt. The email said that it would be sent to the site where it was purchased for review and refund. I haven’t heard anything else. I’m waiting to see if they refund my deposit w/I the 15 day period,

Keep in mind that they do not have to acknowledge receipt, but they do have to act on it if it was Postmarked within the legal rescinding time frame. With any luck you will be fully refunded within 45 days, and maybe even sooner.




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[pammiet]

Keep in mind that they do not have to acknowledge receipt, but they do have to act on it if it was Postmarked within the legal rescinding time frame. With any luck you will be fully refunded within 45 days, and maybe even sooner.




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We received our refund two days ago, no hassle.

 

[Grammarhero]

We received our refund two days ago, no hassle.

Congrats. Go out and celebrate.

 

[TheTimeTraveler]

We received our refund two days ago, no hassle.

Excellent!



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