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Rescission / cancellation (by KC):

leahs143 wrote:

I signed and paid the small down payment and left. I later decided to cancel and sent a cancellation letter via certified mail on day 10 (including weekend and day of signing). I sent a letter to the Ocoee address in FL as well as two other addresses hidden in the paperwork, all certified mail. I received confirmation my letter was received four days after sending. ..... I have still not hear anything back from Westgate and have not called. I see where you mention they have 45 days for a refund, but will I also receive a letter of confirmed cancellation from Westgate?

State law (not developer benevolence) provides and requires that a timely submitted (postmarked within 10 days for TN and FL) and properly addressed rescission be processed with 100% refund issued, but no developer is required to otherwise "update" you in any other way or provide you with any "confirmation" of any sort. They might do so, but they are not obligated to do so. Applicable Federal law allows for up to 45 days for the refund to be issued, but it likely won't take nearly that long.

By the way, that 10 days for rescission in TN is calendar days, including holidays and weekend days, but the day of contract execution does not count --- the clock starts ticking the day following contract execution. In most states, the rescission period is 5-7 days. In a few states, it's actually only 3 days! Only Florida and Tennessee have a rescission period of 10 days.

You really don't want anything whatsoever to do with the slimy likes of Westgate, so congratulations on avoiding a very big (and expensive) mistake.