Cancelling within 10 days

In Nevada the notice of Cancellation said the developer shall, within 20 days return all the money made by purchaser. Should I wait until 45 days? I am going to file a lawsuit if I don’t get my refund after 20 days. What are your opinion?

duyl2 wrote:

In Nevada the notice of Cancellation said the developer shall, within 20 days return all the money made by purchaser. Should I wait until 45 days? I am going to file a lawsuit if I don’t get my refund after 20 days. What are your opinion?

My personal opinion (offered only since you've overtly asked for it) is that you would be a fool to undertake the wasted expense of initiating costly legal action after 20 days. Why would you even consider doing that? You're going to get the same 100% refund, whether it's in 10, 20, 30 or 45 days. Accordingly, what do you have to gain by "filing a lawsuit"? That just sounds outright silly to me, quite frankly.

The 45 days derives from Federal law (specifically, a provision within the Fair Credit Reporting Act). It usually doesn't take nearly that long. States can always attempt to impose deadlines more (but never less) restrictive than comparable Federal law in their state statutes. Generally speaking, however, Federal law usually prevails over state law. Whether what you cite is actual Nevada law or just a "guideline", I do not claim to know.

In the final analysis, it's entirely your personal choice and decision just how much "sabre rattling" you want to initiate over the difference between 10 or 20 days or 45 days. In any case, you are still going to get 100% of your money refunded to you.

Hello! So I was on vacation at got sucked into a sales pitch for the Gatlinburg TN Smoky Mountain Resort for Westgate. I had asked at signing when our cancellation period was and they stated 10 days. 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 had also sent in all the brochures and travel books and the tablet (gift) as well. I went to the bank to change my debit card so they couldn’t charge me, just in case. 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?

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.

I set my recission letter as instructed in the contract And have receive no response after a month. I bought a timeshare in Texas and the contract stated a six day cancellation.period. The letter was stamped received On the fourth day in Florida at the address where the contract said to send it. What are my options now?

Hold onto all your paperwork . Keep a copy of the receipt from the post office proving that you sent it on time . You have to wait to hear from them now .

Hi, I was fooled into a westgate timeshare over the weekend and in 3 days i sent my cancellation letter and i called them to confirm and like you said they tried to negotiate with me again but i stood my ground however they keep on calling. Have no heard anything yet about my cancellation confirmation still waiting.

Question...do i have to cancel my credit cards used to pay the down payment so they won't use it again after sending my letter of cancellation?

mariap445 wrote:

Hi, I was fooled into a westgate timeshare over the weekend and in 3 days i sent my cancellation letter and i called them to confirm and like you said they tried to negotiate with me again but i stood my ground however they keep on calling. Have no heard anything yet about my cancellation confirmation still waiting.

As long as you sent in your rescission letter within the allotted time via the method stated in your contract (likely certified mail) to the correct address, then Westgate is required to refund you your money 100%, no questions asked.

Just keep in mind that Westgate is not required to update you on the progress of your request. Also, legally Westgate has up to 45 days to refund your money but it does not usually take that long. There is no need to contact Westgate regarding the process. You can monitor your credit card activity to see if or when Westgate refunded your money. You can also file a dispute with your credit card company. You can cancel your card if you wish and if it makes you feel more secure and easy but that is usually not necessary in a situation like this.

Hello,

I unfortunately got a Legacy Vacation Club Points timeshare yesterday after arriving at my room I read more about it and discovered that I didn't acquire something good but a perpetual bill! For my lucky It's on Florida and I saw that I have 10 Days to cancel the contract and get full refund.

Today is Sunday, but tomorrow I will post the letter at USPS, my question is : I did the down payment in cash. anybody knows how can I proceed? I mean how will be this refund? I paid some in cash and some with my debit card.

Should I contact Legacy after sending the letter ? Letter must be written by hand or I can print and sign/date ?

Thank you so much!

Make sure you send it receipt return and hold onto the receipt . You can hand write it with a crayon as long as you state that you are cancelling within the recission period . Make sure it's post dated within that period . They will probably contact you to try to persuade you to change your mind . Stand your ground and demand your money back . If you paid by credit card you can dispute the charge and force them to return your money . Good luck and let us know how you make out .

edt118 wrote:

Should I contact Legacy after sending the letter ? Letter must be written by hand or I can print and sign/date ?

Check out this article:

https://tug2.net/timeshare_advice/cancel_timeshare_purchase.html

And no, there's no need to contact anyone after sending the letter.

thank you so much both of you! I will update it here.

I read already the entire link that you sent me from TUG, but just a last question, I'm a tourist from outside of USA, can I add on this letter telling them to send a check for my friend address instead of my address outside USA? because I paid the Down payment with cash.

Thanks a lot

Hello! Is the law applied to the state where you were when purchasing the timeshare or is it where you live?

ashleyd189 wrote:

Hello! Is the law applied to the state where you were when purchasing the timeshare or is it where you live?

It would be the state or jurisdiction where you signed and executed the contract.

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So if I lived in Missouri, they had a Missouri notice in the contract for the 5 days, but I was in Florida and it also has the notice of the 10 days in the contract. It's the 6th day and I'm just now realizing this. Can I dispute if they deny?

lancec13 wrote:

ashleyd189 wrote:

Hello! Is the law applied to the state where you were when purchasing the timeshare or is it where you live?

It would be the state or jurisdiction where you signed and executed the contract.

Send in the cancellation immediately and make sure you keep a copy of the receipt . Worry about which one is right after you do that

I care! I purchased today and will attempt to cancel while still here. Either way that certified letter will be going out first thing when we get home Friday. And a. Email as well tomorrow

Good plan .