Westgate Timeshare Cancel [after the rescission period]

[josedomingo22]

my dad bought a timeshare at westgate and after 6 days he call to cancel and no one help him so he try to make contact with them and they respond 15 days later of the contract. My dad include me on the contract but they didn't put me on the contract the same day of the contract was signed which was on july 13. then on july 22 he received another contract which now I appear and they want that the 3 of us (mom, dad and me) to signed but if they send us a letter saying that we need to sign the contract again even if the new contract say july 13 there is no way to cancel? also in the explanation of the cancelation said that you may cancel 10 days before you signed the contract or 10 days before all the documents were sent whichever is later. So we made a letter saying that we want to cancel since the explanation said that before all the documents were sent, then why they keep saying that we can't cancel?? need help

 

[DeniseM]

The original contract had to be rescinded in writing with in 10 days. If you sign the second contract and then rescind, the first contract will still be in place.

You should not add your name to the contract - that will make you financially responsible for this purchase. It will only make a bad situation worse.

 

[Passepartout]

You don't need help from TUGgers. You need divine intervention. Wastegate will follow the exact letter of the law about when the contract is allowed to be cancelled, and the means of contacting them. All of which are spelled out- though hard to find- in the contract your dad signed.

Unfortunately, though he 'called to cancel' the sale, there is no way to have proof of such a call. Wastegate MUST be notified IN WRITING within those 10 days.

At this stage, there isn't much you can do. Cancel any credit cards they have access to. Challenge any charges he's already authorized. Don't pay them anything, maintaining that he tried to cancel by telephone, perhaps using the reasoning that his English skills are not up to legalistic language. He didn't know, and the cancellation instructions were not pointed out to him during the sales presentation.

Under no circumstances should he (or you) sign an amended contract putting more family members on the ownership (and billing) responsibility.

They will play hardball, and you need to be prepared to do the same. It may entail multiple letters to credit agencies, credit card companies, and other creditors to explain that he was fraudulently sold a timeshare that he wasn't aware of the responsibilities for. There could be threats of lawsuits, wage garnishments, and bad credit reports. Eventually though, they will realize that there is no money forthcoming and foreclose. When those nasty letters start coming he (or you or an attorney) might offer them the deed back in lieu of foreclosure. They won't accept the offer until and unless he is several months in default.

We wish you- and him- well. Please let us know how it all turns out.

Jim