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Cancelling within 10 days
peimans wrote:Just FYI for future readers I did get my deposit back. They said first payment comes out Feb 11 so we'll see but shouldn't be anything like that
Worry not. They were smart enough to cancel the contract and refund your deposit (as the law absolutely requires them to do for a timely and properly submitted rescission), so rest assured they would never be foolish enough to try to bill you in the future for a contract that has already been cancelled.
Well done --- you've successfully dodged a bullet. Too many people don't do anything toward rescinding a contract until it becomes too late for the law to help them. You are both wise and fortunate to not have become one of those people who prove that old adage to be true — “you snooze, you lose”.
KC
Last edited by ken1193 on Feb 20, 2022 03:39 PM
We purchased a Westin timeshare in Hawaii. When we got home, we realized we had overpaid by 75% for this timeshare. Our last date to rescind was a Sunday. USPS doesn't postmark on Sundays. I sent a fax on Saturday (which was listed as a way to rescind), a certified letter to Florida (an address they had listed), and I also sent a FedEX letter to Hawaii. All are postmarked for Monday. Is there anything else I should do?
Amy S.
amys1413 wrote:Is there anything else I should do?
Besides hoping they get your letter in time and honor your rescission request? Some things to do are to watch your credit card activity (assuming you paid with a CC) to see if the refund has been granted. Some people also dispute the charge with their CC but that might only be applicable if there was a fraudulent charge. Keep in mind too, that refunds can take up to 45 days to occur but they usually do not take that long.
What is not recommended is contacting the resort or sales office. Oftentimes they try to twist your arm to change your mind about rescinding.
Lance C.
So me and my husband brought a timeshare in Branson Missouri at the woods. We was totally blinded. Felt pressured. We went in with an open mind like they stated and no we regret it we purchased March 26 I called corporate office they told me I bade 10 days to cancel I never knew where my contract was located they gave me the run around Than told me I had five days first they stated they couldn’t view my contract and than they stated I was pasted the date I had five days but I was confused because how one corporate lady tell me ten days than all of sudden 5 days but I did go ahead and mail my letter off as soon as possible I would’ve never known my contract was on a cd my lender just said good luck and hung up in my face. But the First Lady said as long as I get my letter in before the tenth day I should be fine so I mailed it out March 5th. I’m praying they go ahead and cancel I locked my credit card because at this point I felt like they where pressuring me too pay for something and was giving me the run around
Jessica C.
Last edited by jessicac671 on Apr 07, 2022 07:07 PM
Missouri state law (407.620) very clearly states, in pertinent part, that "...a purchaser of a timeshare plan or timeshare property has five days after the day of purchase to cancel the purchase". [end quote]
Your written cancelation must be postmarked within the above referenced 5 days identified by the applicable MO law. It does not matter when the seller actually receives your cancellation --- postmark date of your written cancellation is all that matters in the eyes of the law. If a written cancellation is not postmarked within those 5 allotted days, then the seller is not legally obligated to accept or process your cancellation at all.
To the best of my knowledge, only Florida and Tennessee (and maybe one other state, but it's definitely not Missouri) have cancellation periods as long as 10 days. The vast majority of states have cancellation periods of 5-7 days. Several states (Massachusetts and one or two others) allow only 3 days!
KC
Last edited by ken1193 on Apr 17, 2022 05:32 PM
Arizona law allows timeshare buyers to cancel a purchase contract up until midnight on the 7th calendar day following the date when the purchase agreement was signed.
§16-106-20: Under the timeshare laws in Hawaii, a buyer has seven calendar days to cancel a timeshare contract. This time frame may either be seven days after the timeshare contract is signed or after the buyer receives the receipt of the disclosure statement for the timeshare contract.
Irene P.
I recently attended a virtual sales presentation for Marriott and after back and forth verbally agreed to a timeshare. Please note that i did not sign anything nor did Marriott take any financing information. I received the contract today and after further discussions decided it wasnt right for us. Do i just send the information they sent me back without signing the contract or is there anything else that needs done in this situation since no signatures are on file?
Thanks
SA
We went and attended the 90min session on April 30,2022 and purchased the 10,000 pts or 1 week .I paid total with my credit card.went through the reviews and did not know what to do.followed all the steps explained.I sent registered mail to the office and faxed one copy also on May 2nd.we called them and they asked to send the cancellation letter which was hidden in the drive with the package.filled it out and faxed them again.they email us that they cancelled the contract and money will be refunded .it will take 7-10 business days. Thank you to all of you who discussed this topic.I could not sleep that night ,glad that I found solution.
Sheem S.
teem20 wrote:I am trying to cancel a time share I purchased 4 days ago. i am glad I came across this thread
You have not identified the state in which your contract was executed. If it's a state that allows only 5 days for contract rescission, you are already nearly out of time. Make sure that you send your rescission (cancellation) correspondence by certified mail and to the exact address identified in your contract paperwork (which is NOT the address / location where you actually signed the contract). If you snooze, you will lose --- so make this a top priority.
KC
Last edited by ken1193 on May 27, 2022 08:07 AM
tonyc424 wrote:Where and whondo you send tbe letter to and what needs to be in the letter
The instructions for rescission should be included in your owner's package that you received. You do not need to say a lot. Just say you are exercising your legal rights of rescission. Make sure that all parties who signed for the purchase also sign the rescission letter.
Lance C.
Tony C: You have not identified the developer entity from whom you purchased, or the state in which you executed the contract. The law requires that you be provided with cancellation instructions at the time of contract execution. However, some sneaky operations (like Westgate, for specific example) don't make that information at all easy to find. It could be printed on paper, but hidden within the velcroed binder of your "owner materials", or it could have been provided digitally, buried somewhere within the content of a provided thumb drive or a CD-ROM. One way or another, you were given cancellation instructions when you executed the contract. Look harder and find those instructions.
The good news is that Tennessee has one of the longest cancellation periods of any state (10 days, just like Florida). Find those cancellation instructions and follow them precisely. Use certified USPS mail to send your rescission letter. Don't delay --- if you snooze, you lose.
KC
Last edited by ken1193 on Jun 25, 2022 05:59 PM
Anyone have dealings with vacation village? Weston specifically? I'm inside my 10 days, signed yesterday flying home today. I wrote a letter and dropped it at the front desk to go to the owners /sales office. But thinking i should have done it up and sent it somewhere rules? Corp office??? Anyone know of them and done a rescind before?
E K.
teem20 wrote:I am trying to cancel a time share I purchased 4 days ago. i am glad I came across this thread
Each state has its' own time period for contract cancellation. In most states, it's 5-7 days, but it’s 10 days in Florida and Tennessee. However, there are several states where the cancellation period is only 3 days (Massachusetts and 2 others). The state where you executed the contract (which you have not identified) is the state whose law applies to contract rescission. Look at your notice of cancellation rights, provided to you (as required by law) right at the time of contract execution, either by hard copy on paper or within the contents of a thumb drive or CD-rom.
In any case, GET IT DONE! --- in writing, under signature and sent by certified U.S. Mail, saving the postmark dated receipt. It's the date of the USPS postmak that matters, not the date of later delivery. If you snooze, you will lose. Tick Tock!
KC
Last edited by ken1193 on Feb 16, 2023 01:54 PM
alang273 wrote:Will they honor postmark date of parcel?
If you send it via certified mail, which the rescission instructions probably tell you to do, then ask for a receipt to show that you mailed it on time. The date that you mailed it is what counts, not the day it was received.
Lance C.
alang273 wrote:Will they honor postmark date of parcel?
Yes. In fact, the postmark date is the ONLY date that matters; date of delivery is irrelevant.
A date stamped receipt is issued at the counter for all USPS certified mail; save that receipt.
KC
Last edited by ken1193 on Feb 18, 2023 09:59 AM