Westin First Right Of Refusal Need Advice

My husband and I went to WKORV a few months ago, took the tour and bought a week through the developer. When we got home I discovered this site and quickly realized we were much better off to buy resale so we canceled that purchase within the time period. We are now trying to buy a unit direct from a seller and have been waiting for over a month from a response from Westin. For the past two weeks Westin keeps giving the owner the run around saying that the manager has it as a possible "buy-back". My understanding is that they have 10 business days to respond. The problem is that we cannot close escrow and get title insurance without the waiver from Westin. The owner's manual also states that we have to close in 90 days or we must re-submit another purchase agreement. The owner has been calling several times a day with no response. I'm really hoping that Westin is not holding animosity towards us for canceling our direct purchase. Does anyone have any advice? Has this happened to anyone else?

maui4me wrote:

My husband and I went to WKORV a few months ago, took the tour and bought a week through the developer. When we got home I discovered this site and quickly realized we were much better off to buy resale so we canceled that purchase within the time period. We are now trying to buy a unit direct from a seller and have been waiting for over a month from a response from Westin. For the past two weeks Westin keeps giving the owner the run around saying that the manager has it as a possible "buy-back". My understanding is that they have 10 business days to respond. The problem is that we cannot close escrow and get title insurance without the waiver from Westin. The owner's manual also states that we have to close in 90 days or we must re-submit another purchase agreement. The owner has been calling several times a day with no response. I'm really hoping that Westin is not holding animosity towards us for canceling our direct purchase. Does anyone have any advice? Has this happened to anyone else?

I really don't have any advice as to what to do in your situation above, but it's the law that timeshare consumers have a certain amount of time (depending on state/country) to rescind. Resorts get recissions every day and it's really no big deal if the consumer does it in a timely manner.

Why the hold up, I couldn't venture a guess, however I would advise the owner to demand to speak to someone in higher management at Westin and not just the person that answers the phone.

Thank you for your reply.

We did rescind in time and get our deposit back in a timely manner. It is just trying to move forward on the resale purchase. I'm hoping the seller will get more forceful today.

Well, it took them a month but they decided to use their right to buy back. This is the first I have heard of them buying back. Everyone I talked to said they have not heard of it being used yet this year.

maui4me wrote:

Well, it took them a month but they decided to use their right to buy back. This is the first I have heard of them buying back. Everyone I talked to said they have not heard of it being used yet this year.

It probably depends on the price as to whether or not they enforce ROFR.