Westgate is exercising ROFR on my timeshare sale

[LINAND]

Even though I bought in 93 and it isn't in my contract.

I sold my T/S back in Feb and sent in a copy of our contract and paperwork. it sat on Westgates desk six weeks before they even looked at it. :annoyed: then had to wait another month to get the final answer. :annoyed: :annoyed:

what I'm wondering is, can Westgate back out even though they interfered in my sale? I'm beginning to think I'm never going to be rid of this timeshare.
are they required by law to purchase since they are doing ROFR with my sale? any advice? has anybody ever had Westgate back out of ROFR after they interfered with the sale? thanks everybody. if anyone would know, you guys would.

 

[timeos2]

There is NO ROFR

See the whole story in a previous thread here.

DO NOT let them queer your deal as they have NO RIGHT to ROFR for a week sold in the 90's. Read the steps to take in that other thread. Basically send them a certified letter demanding they produce the EXACT LANGUAGE AND PAGE where ROFR is in your 1993 Disclosure Statement within 5 days. If it isn't (and it isn't!) they CANNOT retroactively or unilaterally impose it. Your sale will go through. Call them on it. And let the State of FL know too as they are letting this restraint of your rights continue. Don't let them get away with it!!

Please keep us posted.

 

[Talent312]

Demand an estoppel letter stating that there is no ROFR or that they will not exercize it, or if they've noticed you that they intend to do so, that they proceed to complete their purchase. Ultimately, you may may have to seek remedies in court... for which you need to consult a R/E attorney.

 

[LINAND]

See the whole story in a previous thread here.

DO NOT let them queer your deal as they have NO RIGHT to ROFR for a week sold in the 90's. Read the steps to take in that other thread. Basically send them a certified letter demanding they produce the EXACT LANGUAGE AND PAGE where ROFR is in your 1993 Disclosure Statement within 5 days. If it isn't (and it isn't!) they CANNOT retroactively or unilaterally impose it. Your sale will go through. Call them on it. And let the State of FL know too as they are letting this restraint of your rights continue. Don't let them get away with it!!

Please keep us posted.

I did that. they never produced anything.

John Faeth was handling this for me. I sort of hate to bring her into this when she already has so much on her plate as it is.

 

[LINAND]

Can Westgate back out after they interfered with my sale?

I just want to be done with this timeshare business. surely I am not going to be stuck with this thing for the rest of my life. if Westgate buys it back at least I will be done with it, but if they interfere every time I try and sell it then I'll never be rid of it.

 

[timeos2]

Don't trust liars and thieves

Can Westgate back out after they interfered with my sale?

I just want to be done with this timeshare business. surely I am not going to be stuck with this thing for the rest of my life. if Westgate buys it back at least I will be done with it, but if they interfere every time I try and sell it then I'll never be rid of it.

Of course they can, will and have backed out after ruining a sale. That is also previously documented here & on Timesharing Today magazine.

You cannot trust the pond scum of the timeshare industry to do anything fair or even just legal. They feel they are above mere laws and of course answer only to their own below snake belly standards of life. You must confront them to get them off your back. Then pity the poor buyer. That one thought has kept me an owner long after sense says dump these pigs.

Good luck & get it sold to your legit buyer. Never ever depend on Wastegate for anything.

 

[wcfr1]

Of course they can, will and have backed out after ruining a sale. That is also previously documented here & on Timesharing Today magazine.

Could they. I suppose. Do they? Yup there is apparently one reported case. The good news is if they have already exercised it, it will most likely go through. I have gone through this several times with them.

You should have a letter from them with a contact name and number. If you want to feel better call that peson, explain your concern and ask when you should be paid. They will probably tell you 4-6 weeks.

 

[timeos2]

I did that. they never produced anything.

John Faeth was handling this for me. I sort of hate to bring her into this when she already has so much on her plate as it is.

When they produced nothing you got your legal answer. They have no right. Your original sale can close and be recorded with the County and there is NOTHING Wastegate can do to stop it. Be sure to hold on to the demand letter in case they try but you most likely will hear nothing more. Who is now doing the closing? Did Wastegate try to intimidate them? Don't let Wastegate get away with your sale and your money. Even if they did go to a sale they would deduct unearned and illegal "commissions, closing fees, transfer fees that YOU DO NOT OWE! STAY AFTER THEM!

 

[gmarine]

I would contact the Florida Real Estate Commission and file a complaint.

http://www.myflorida.com/dbpr/re/complaint.html

 

[LINAND]

When they produced nothing you got your legal answer. They have no right. Your original sale can close and be recorded with the County and there is NOTHING Wastegate can do to stop it. Be sure to hold on to the demand letter in case they try but you most likely will hear nothing more. Who is now doing the closing? Did Wastegate try to intimidate them? Don't let Wastegate get away with your sale and your money. Even if they did go to a sale they would deduct unearned and illegal "commissions, closing fees, transfer fees that YOU DO NOT OWE! STAY AFTER THEM!

Thanks.

John Faeth was handling my closing. his wife emailed me the other day to let me know that Westgate was exercising the ROFR.
I feel so bad troubling her about anything, but I guess I need to let her know that we could go ahead with the closing, that is if she wanted to go up against Westgate. Boy, I sure wish John was still around. he knew what I am up against.

I am so mad that I could scream! but, I did get the forms from Fl. dept. of business & professional regulations, have them filed out with documents, a copy of the Public service offering statement where the ROFR is suppose to be (it is not) and a copy of the contract where it says that we as owners have the right to sell, a copy of the contract between buyer and myself. plus a letter going into detail everything going on.

I really appreciate all the advice here. Linda

p.s. what is the demand letter? I haven't received any letter, just what Lorelei Faeth told me via email. she spoke with Westgate by phone and they told her they are exercising ROFR and thats how I know.

 

[timeos2]

p.s. what is the demand letter? I haven't received any letter, just what Lorelei Faeth told me via email. she spoke with Westgate by phone and they told her they are exercising ROFR and thats how I know.

The demand letter is the certified letter sent to Wastegate demanding they produce the exact portion of the POS or Disclosure as recorded in 199x (whatever the original sale year was) with the ROFR language in it. As you already know it isn't there so they can't - but it is the written demand to make them produce it in 5 days that verifies your legal standing. A phone call is meaningless as they can simply ignore it and you have no record of it. I'm sure John had sent the letter as we had talked about it a few weeks prior to his unfortunate passing. The copy and the certified mailing proof is all that is needed.

 

[LINAND]

The demand letter is the certified letter sent to Wastegate demanding they produce the exact portion of the POS or Disclosure as recorded in 199x (whatever the original sale year was) with the ROFR language in it. As you already know it isn't there so they can't - but it is the written demand to make them produce it in 5 days that verifies your legal standing. A phone call is meaningless as they can simply ignore it and you have no record of it. I'm sure John had sent the letter as we had talked about it a few weeks prior to his unfortunate passing. The copy and the certified mailing proof is all that is needed.

Thank you.
I remember John had mentioned to me what a nice and helpful person you are and how you had given him advice on this matter.

Actually, John emailed me the letter you mentioned and I signed and mailed it and have receipts where I mailed it and got the receipt where they received it etc. I have Westgates ridiculous response telling me it was in my public offering statement book article 22. I made a copy of that article to show FDB&PR and to show it is not in that article.. plus a copy of the letter I sent and a copy of my contract where it says I have the right to sell or transfer ownership and so on.

I just hope this does some good. I told Sharon at Westgate that if they kept on with this and it entered into another year of paying maint. fees and taxes, I AM NOT PAYING THEM ONE MORE CENT. she was "oh, but you won't have to"... I don't believe her.
I am not going to be locked into this for the rest of my life. If I have to, I will bring the media into this. I am ready to fight dirty, but how when you can't afford lawyers to fight over the sale of a $500 timeshare?

 

[timeos2]

Go public. Drag them below their own mud.

I am not going to be locked into this for the rest of my life. If I have to, I will bring the media into this. I am ready to fight dirty, but how when you can't afford lawyers to fight over the sale of a $500 timeshare?

Actually that may not be a bad idea. Contact the local television stations in Orlando. I'll bet they are up to a fight and love "dirt" on a sleaze organization they can expose. There's no better candidate than Wastegate! I think one or two of them have a "consumer advocate" type news person. Worth a try and maybe the underbelly of Wastegate can be exposed for all of the Orlando guets to see on the channel 5 asix o'clock news.

THAT should help sales.

 

[LINAND]

Actually that may not be a bad idea. Contact the local television stations in Orlando. I'll bet they are up to a fight and love "dirt" on a sleaze organization they can expose. There's no better candidate than Wastegate! I think one or two of them have a "consumer advocate" type news person. Worth a try and maybe the underbelly of Wastegate can be exposed for all of the Orlando guets to see on the channel 5 asix o'clock news.

THAT should help sales.

I bet it would . oh, and showing the media the better business bureau's mile long complaints against them too. it seems like hundred of people have been complaining. but where are they? why doesn't someone start up a class action lawsuit?

I've already looked up the news stations on the internet and the main one does have a consumer advocate type person. I would so do it, but gosh, I would hate to be on tv with my red neck southern accent.

I sure wish I could get in touch with Geraldo. haha.

I can only imagine how the elderly folks who have been bullied around feel. because they have certainly bullied me enough.

The last time I stayed at Westgate (at the lakes on an exchange) I was threatened that if I didn't attend the "maintenance"report meeting which was another sales pitch THEY WOULD CHARGE MY CREDIT CARD FOR ANY SCRATCH THEY MIGHT FIND IN THAT UNIT? tell me that is not bullying. so I go to the meeting, refuse to give answers correctly. for instance they ask me what I felt another week would be worth, I say 0. would I refer my friends to Westgate? heck, no. stuff like this. they bring a manager to talk to me and I swear, I thought she was going to hit me. she had her fists clenched and was breathing like she was in labor while she wrote up bad things on me on a paper. she or no one else would even tell me her name!!

later that day my husband called them from here in Alabama and told them to quit bullying me around and to leave me alone. can you believe one of them came up to my door and kicked it hard? we saw them through the peep hole and they left a do not disturb hanger on the door.

my daughter age 21 was my witness. we haven't been back in 4 yrs but of course had to pay fees. I'm sure it suits them find getting my money AND my week.

I have had it. I really hope FDB&PR can help me. if they can't I will be ready to go in full force against this monster. well, enough rambling, I thank you again for your advice. and thanks for letting me vent. Linda

 

[tombo]

The more I hear about Westgate, the more thankful I am that they ROFR'd the Gatlinburg week I had purchased resale. I was so mad that Westgate took the week I bought using their ROFR because it is a nice, new resort, and I had gotten the week very cheap. I am now VERY HAPPY that they took their week back from me. It looks like I really dodged a bullet there.

 

[gmarine]

You can also add your complaint to the list of the 100 plus here at ripoffreport.com

http://www.ripoffreport.com/searchr...e=0&submit2=Search!&q5=westgate&Search=Search

I would post what Westgate is doing on any and every website you can.

 

[LINAND]

The more I hear about Westgate, the more thankful I am that they ROFR'd the Gatlinburg week I had purchased resale. I was so mad that Westgate took the week I bought using their ROFR because it is a nice, new resort, and I had gotten the week very cheap. I am now VERY HAPPY that they took their week back from me. It looks like I really dodged a bullet there.

Yes, you should be thankful you didn't get that week. I wonder if the owners are still stuck with it? I mean if they interfered with ROFR, then backed out, what would they do? sell it to someone else, and then get the ROFR all over again? it is crazy.

I think they are trying to keep me in it because they have no ROFR with my week and anyone I would sell it to would not be under that rule either.

I tried many times to give it back to them and they wouldn't take it. and now they are interfering when I found a buyer. how dumb is that?

I liked the vacation villas but DH and I are older and don't travel much anymore. we just want out from these blasted fees that we can barely afford. I hope come judgment day mr. seagull gets everything he deserves. Linda

 

[LINAND]

You can also add your complaint to the list of the 100 plus here at ripoffreport.com

http://www.ripoffreport.com/searchr...e=0&submit2=Search!&q5=westgate&Search=Search

I would post what Westgate is doing on any and every website you can.

I am going to check that out right now. thank you for directing me to that site. Linda

 

[timeos2]

Wastegate to be avoided at any price at any location

The more I hear about Westgate, the more thankful I am that they ROFR'd the Gatlinburg week I had purchased resale. I was so mad that Westgate took the week I bought using their ROFR because it is a nice, new resort, and I had gotten the week very cheap. I am now VERY HAPPY that they took their week back from me. It looks like I really dodged a bullet there.

My man you dodged a serious bullet aimed right at your wallet. Be grateful that they screwed you and that poor seller as had it gone through you'd be kicking yourself everyday.

It cannot be said often enough. Avoid Wastegate - any Wastegate - resort no matter how cheap or how nice. They are the armpit or worse of timeshare operations.

 

[gmarine]

Check this out as well.

http://www.orlando.bbb.org/codbrep.html?ID=101774&cons=y

Google "Westgagte resorts complaints".

 

[westgatebob]

Actually that may not be a bad idea. Contact the local television stations in Orlando. I'll bet they are up to a fight and love "dirt" on a sleaze organization they can expose. There's no better candidate than Wastegate! I think one or two of them have a "consumer advocate" type news person. Worth a try and maybe the underbelly of Wastegate can be exposed for all of the Orlando guets to see on the channel 5 asix o'clock news.

THAT should help sales.

I tried the Orlando Sentinel with my website I created to gripe about Westgate when they sent me a letter to cease the site. They published it on the front page of the business section. Originally I had westgatelakes.biz, westgateresorts.biz and wgowners.net. I thought the media would have been helpful. Also I talked to a few lawyers who said I was in the right and was in the works of getting a lawyer to work pro bono. Then I got served federal papers the day after thanksgiving. Needless to say the cost up front would now be $10k. So I gave them the domains and got to keep the site up. I now own timeshareowners.info. I also heard that 10% of Mr. Siegel’s income is on his lawsuits. He fights every single one!!

I am down with all on Westgate. I wish I could get rid of this thing.

 

[TheFlush]

Is it not possible to take Westgate to small claims court, assuming the interfered with sale was < $5000?

 

[djs]

When I exchanged into Worstgates Lakes in Orlando, they too asked that I come to some sort of "maintainence" meeting. I did, but did so with a suspision that it might be a sales pitch. They bullied me, said that I should buy as they had done me a favor by allowing me to exchange into the resort.

Now, lets suppose that the unit I stayed in would go for $500 a night had I booked it through them (a big reach). I figure my out of pocket cost to exchange into the resort was about $700 between my maintance fees, exchange fees etc. (a fair estimate). Now the biggest reach would be that they did me a favor by allowing me to exchange into there though I believe it has more to do with II, the value of the week/unit I had deposited. Now their so called "favor" saved me about $2,800 and for that "favor" I'm supposed to spend $15,000 on a timeshare financed at 15%? I think not.

 

[LINAND]

Is it not possible to take Westgate to small claims court, assuming the interfered with sale was < $5000?

Thats what I'm wondering. the sale was for only $500 which I am lucky to get, because I have been trying to give the thing away for years.

surely if they send me a letter saying they will exercise ROFR, I can legally get out of paying next years maint. fees and taxes? I most certainly will not give them one more cent. but then, they will ruin my credit.

I swear, it would be easier to get out of the military than to get out of this timesharing. :annoyed:

 

[LINAND]

Well, I got the letter from Westgate saying they will purchase back the unit and they are turning it over to the title company.

this letter, with westgates seal on it, and it saying they will purchase it back, surely this is enough for me to say that they HAVE to buy it back and I won't have to pay fees come next january?

I am not celebrating until it is done with. and after that, I will bad mouth this evil corporation to anyone who ever brings up the word westgate until my dying day.

I just hope this letter is enough to fight them if they back out of buying it back. Linda