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Cancelling within 10 days
Me and my fiancé was just at Westgate Resort in Orlando Florida 12/17/2020 they talk us into buying a timeshare on 12/19/20 after looking at the reviews before we checked out 12/20/2020 we sent out our rescission letter and got it notarized and certified mail I got a confirmation from usps stating that they received the package we sent absolutely EVERYTHING back tablets and all I’m just scared I don’t want to be caught in they web of lies
Andrea R.
Here, check out this article which will advise you how to rescind your purchase:
https://tug2.net/timeshare_advice/cancel_timeshare_purchase.html
Read the instructions in your owner's manual that tells you how to rescind and the method used to send it. Likely it will say certified mail with receipt requested. The receipt is so that you have proof that you sent in your letter within the rescission period.
Lance C.
Hi everyone ,
I recently bought a timeshare through Orlando Westgate.
I sent my letter within the 10 days , but I still have the tablet and binder. Can I send the tablet back after the 10 days? They have already sent me back half of My refund. But I also paid some in cash. Will they issue me a check?
Krystal J.
First thing is to send them the cancelation letter and make sure you get a receipt stating that you mailed it on time . Then read through your paperwork that they gave you for directions for giving back the tablet . If you used a credit card to pay for any part of the transaction then you can dispute that charge with the credit card company to make sure you get that money back .
Don P.
Hello,
I’m in the same situation here. We signed the contract on March 20 and according to the contract we have 5 days to send a letter. Not sure how to go about it. What type of letter? Any examples or recommendations are helpful. Thank you in advance.
Gennifer F.
genniferf wrote:We signed the contract on March 20 and according to the contract we have 5 days to send a letter. Not sure how to go about it. What type of letter? Any examples or recommendations are helpful. Thank you in advance.
The "letter" does not need to be long or complicated. Two sentences will suffice. It simply needs to state the following:
"I / We hereby rescind the purchase of {insert resort info and date of purchase here, with contract number, if one exists}, exercising our right under applicable state law. Please refund our deposit / purchase funds as soon as possible."
That's it. Period, amen. No reason is required and nothing else needs to be stated. You are exercising a legal right, not making a "request". This legal right is provided by state law (not by developer kindness). You don't need to provide a sob story or any further justification or explanation. Other important and directly relevant points follow below:
1. Everyone who signed the purchase contract as a buyer MUST also sign the rescission letter.
2. Provide a photocopy (keep all originals) of contract page(s) that specifically identifies your purchase (to facilitate processing at the recipient end). Make sure you send your letter to the correct address (which is NOT the resort location where you purchased, but a very different corporate address which should be very clearly identified somewhere within your contract / purchase materials).
3. Send your rescission letter by USPS certified mail and save the date stamped receipt issued to you at the counter. Do not make any phone calls and do not send any emails or faxes; all such communications are completely meaningless and worthless in a contract matter. Use USPS certified mail. You should also request a USPS "return receipt"; the additional cost for obtaining that (optional) return receipt with recipient signature is minor.
4. Under applicable Federal law, they have up to 45 days to refund 100% of your deposit or payment. However, it probably won't take anywhere near that long.
5. It does NOT matter one bit when they RECEIVE (or sign for) your cancellation. All that really matters is that the POSTMARK DATE on your rescission correspondence, as reflected on your USPS certified mail receipt, is within 5 days (that's 5 days in your particular case; the time frame allowed under state law differs among individual states).
6. Do NOT call to "follow up" and do NOT answer any incoming calls from the sales weasels. They only want to try to salvage the sale (and their commission). Once you send that rescission letter, you are DONE. In a contract matter, any verbal statements that are not also reflected in writing mean absolutely nothing anyhow, so don't even go there. Just sit back, be patient and wait for your contract cancellation to be processed and for your 100% refund to be issued.
7. If you got any "gifts" (like a tablet) or any "owner materials", send them back (separately, by the cheapest postal rate available --- NOT with your certified mail rescission letter). If they gave you a tablet and you fail to return it, they can (and they likely will) simply deduct the retail value of that item from your refund.
8. Don't delay --- do it NOW. This is your ONE AND ONLY opportunity to cancel this contract. Your rescission correspondence MUST be POSTMARKED within the applicable time period (which is established by applicable state law and is certainly not provided by developer benevolence). Make no mistake about this --- if you snooze, you WILL lose.
Later, If you really want to buy a timeshare, do so in the resale market. The exact same product is likely available for 90-99% LESS than the absurdly inflated cost of buying directly from a developer. If it's Westgate however, I would not even accept a Westgate timeshare for free, not even with a pile of cash also thrown in. A Westgate resale ownership is virtually worthless (due to the severe reservation constraints that Westgate imposes on its' resale timeshare owners).
P.S. Contract rescission (cancellation) periods are determined by individual state law. In Florida and Tennessee, the cancellation period is 10 days. In most states, the rescission period is 5--7 days. In a very few states (Massachusetts is one) it's only 3 days! In ANY state, if your cancellation correspondence is not postmarked within the applicable state law time period, you are simply out of luck and you are legally locked into the contract that you signed, like it or not. Tick Tock....
P.P.S. You're welcome.
KC
Last edited by ken1193 on Mar 24, 2021 06:09 AM
priscillae20 wrote:What is the address to send my rescission letter to cancel?
You have not provided enough information to receive an informed and accurate response to your question.
The answer depends entirely upon the specific developer from whom you purchased --- a detail you have not identified.
By law, rescission information and instructions must be provided, in writing, at the time of contract execution. Have you thoroughly scoured all of your contract materials for that information? It's definitely there somewhere; developer failure to provide notice of rescission rights would be a clear and obvious violation of applicable law.
If you purchased from Westgate, the rescission information and instructions are sometimes hidden within a velcroed-shut sleeve within a binder provided to you, or buried within the contents of a CD or thumb drive provided to you. Few (if any) other developers in the U.S. are so devious; most usually make the contract rescission info relatively easy to find within the contract materials; it often immediately follows the signature lines (albeit maybe in smaller font).
Time periods for rescission vary by state. It could be as few as 3 days or as many as 10 days. Find that rescission info and get your rescission letter sent ASAP --- by certified U.S. Mail. If your rescission letter is not postmarked within the time period provided by the laws of the state in which you signed the contract, you will be too late to cancel and you will be legally bound to all of the terms of the contract that you (voluntarily) signed. If you snooze, you'll lose, so please jump on this matter without any further delay (assuming, of course, that you are not already too late to rescind).
KC
Last edited by ken1193 on Jul 21, 2021 08:52 AM
Just sent my letter and the device back by certified mail/ priority mail and tracked to ensure I get it to them before the 10 days as well. In which they should receive on the 5th day. I didnt know where to send the tablet, so I sent to the same address.
Jeanluckyluc B.
jeanluckylucb wrote:Just sent my letter and the device back by certified mail/ priority mail and tracked to ensure I get it to them before the 10 days as well. In which they should receive on the 5th day. I didnt know where to send the tablet, so I sent to the same address.
It's good that you sent it via certified mail. Make sure you got your receipt indicating the day you sent it. Remember, it does not matter when they receive it. It matters when you sent it so that's why it's important that you get that receipt.
Lance C.
yaraz3 wrote:I didn't send attention to and it asked for it. But it was the right address
What matters is that you can prove that the postmark date of your rescission correspondence is within the time frame identified by applicable state law for contract cancellation (3-10 days from date of contract signature, as determined by the laws of the state in which you actually signed the contract).
It does NOT matter how long it takes for the cancellation correspondence to be received, as long as it was postmarked within the applicable state law deadline.
Hopefully, you sent your correspondence by Certified U.S. Mail so that you have documentary proof of postmark date. The "attention to" aspect is not important, legally speaking, as long as you sent the correspondence to the correct address, within the applicable state law deadline and can prove postmark date (by the stamped receipt from USPS).
KC
Last edited by ken1193 on Oct 06, 2021 11:24 AM
