Cancelling within 10 days

How long after your cancellation did you get notified

james784 wrote:

How long after your cancellation did you get notified

Keep in mind that no resort or developer is required to provide any confirmation or "notification" of rescission (cancellation) at any time. Their one and only obligation is to process a properly submitted rescission and issue 100% refund of deposit (within 45 days, under Federal law) if the cancellation request is submitted to the correct address within the time period specified by individual state law. In most states, the rescission period is 5-7 days after contract execution. In Florida and Tennessee, it's 10 days. Oddly, the cancellation period is only 3 days in several states --- Massachusetts and a few other states I cannot recall off the top of my head.

The only "notification" you may ever see is a refund check (if you paid the deposit by check) or a credit card "credit" (if you paid the deposit by credit card). Some developers do send written confirmation of cancellation, but none have any actual legal obligation to do so.

Hi! I hope you can help me. I’m here for a vacation in Orlando and i got an invitation about a hotel tour and then after that i paid upfront deducted automatically in my debit card. I want to cancel my contract with them as I realized like I am not really ready financial especially I’m paying rent and tuition. And I am not also a citizen here in US. What should I do? Would i still get my refund? Do you have any sample letter? That would be great. just paid today jan 27, 2020. I hope you can help me how to cancel my contract with them. Thanks very mich!

Cindy

Write a letter immediately rescinding the contract . Go to the nearest post office and send it receipt return so you have a copy of the notification . It wouldn't be a bad idea to take pictures on your cell phone of the letter you are putting in the envelope Keep copies of everything including your contract . Then notify your debit card company that you are disputing the charge . Keep us informed how your case is going and hopefully you will recover all of your money . Good luck .

Should I return everything they give me like the box which contains the flash drive and other freebies? This is in Wyndham i got the offer. Do you have any letter that i can possibly follow? Thanks very much...

cindyd373 wrote:

Should I return everything they give me like the box which contains the flash drive and other freebies? This is in Wyndham i got the offer. Do you have any letter that i can possibly follow? Thanks very much...

All you need to do is simply state in writing: "I / We hereby cancel this timeshare purchase, as is my legal right". Sign and date. Period, amen. If there were any others (spouse?) who also signed that contract, they too must now also sign the rescission letter.

Include a photocopy (not the originals) of any contract documents you signed. Make sure that you send the rescission (cancellation) letter to the correct address by certified mail from USPS. Fax, FedEx, DHL, email, texts, smoke signals or carrier pigeons all do NOT cut it. The Wyndham corporate address for rescission should be very clearly identified somewhere in the written "rescission rights" information which must (by law) be provided to you at the time of contract execution (the info may be buried somewhere on that flash drive if you don't have a hard copy). DO NOT send your rescission letter to the resort where you made the purchase -- that's simply not how it works. Also, do not make or answer any (legally meaningless) phone calls at any time on this contract cancellation matter. No possible good can come from any phone conversations with hungry sales weasels desperately seeking to salvage the sale (and their commission).

You don't need to offer them any explanation. Contract rescission is a legal right provided to you by applicable state law --- available as long as you exercise it in writing and within the allotted time period of the state in which you signed the contract.

Westgate charges people $150.00 when they fail to return any materials or "freebies" provided at contract execution, but I have not heard of Wyndham doing so. Still, I'd return it all anyhow (separately from your rescission letter, sent later by the cheapest means available), but that's your own choice and decision to make.

Tick tock. Get writing, signing and photocopying and get yourself to the Post Office. There is a very specific and limited period of time for you to rescind this purchase and the USPS postmark date (not the later delivery date) is all that really matters and that's what will determine whether you rescind in time --- or not. If you snooze, you will lose.

Thank you very much for your very detailed answer. I will do that tomorrow. I also reported to my bank and narrated everything to them and so with the contract that I can cancel within 10days. They said I can get the money back but i will still mail the cancellation letter just to make sure it is binding.

Thanks much!

cindyd373 wrote:

Thank you very much for your very detailed answer. I will do that tomorrow. I also reported to my bank and narrated everything to them and so with the contract that I can cancel within 10days. They said I can get the money back but i will still mail the cancellation letter just to make sure it is binding.

Thanks much!

You are very welcome. Keep clearly in mind that your financing details and your contract are completely separate and unrelated obligations (from a legal perspective). In essence, you do not and you cannot "cancel" a contract by any means other than formally rescinding it directly with the developer --- in writing, under signature and within the specific time frame allotted by state law. Period, amen.

Disputing the charge with your bank (or even cancelling the credit card entirely) has absolutely no bearing whatsoever on the legal validity and legal obligations of the contract that you executed. It's the contract itself that needs to get cancelled and your bank frankly has no power or legal authority of any kind regarding a valid executed contract. Conversations with your bank are therefore almost irrelevant. Cancelling the contract itself is all that really matters here. It is also worthy of note that you would not subsequently win a charge dispute anyhow if the only basis for challenging the charge in the first place was your own "buyer's remorse". The developer has in hand a valid, signed contract that would ultimately prevail over everything else.

By law, the developer has no other choice or option other than to process your properly and timely submitted cancellation and issue a 100% refund of your deposit (that last part could take up to 45 days by law, but likely won't take that long) --- but you MUST file the written and signed rescission properly, in time, and send it to the correct address.

Tick tock...

Hi! I had it mailed Overnight my notice of cancellation of my timeshare in Wyndham last Jan 29 with a return receipt. So they emailed me that it has been cancelled and the return my money in full.

Thank you very much...

Hi . I’m new on this how do you do your resccicion letter ? It had to be a lawyer to write or just you? Thanks

sadais wrote:

Hi . I’m new on this how do you do your resccicion letter ? It had to be a lawyer to write or just you? Thanks

I assume you know that contract rescission can only be initiated within a very limited amount of time after contract execution. The amount of time is determined by individual state law. It can be as few as 3 days (Massachusetts) or as many as 10 days (Florida, Tennessee). In most states the rescission time period is 5-7 days.

You don't need a lawyer and you don't need to provide a reason for cancelling. You only need to be within the time period provided by applicable state law (the state where you actually executed the contract, regardless of where you live). Your rescission letter need only state the following:

"I hereby exercise my legal right, as provided by state law, to rescind the contract executed on (insert date and provide a photocopy of the contract, retaining the original)". Sign and date.

That's it --- simple and easy. Just make sure that everyone who signed the contract also signs the rescission letter, send the letter to the correct address by certified U.S. Mail and make sure that you get the rescission letter postmarked within the time period provided by that particular state's law. Date of actual delivery does not matter. Only the postmark date of the rescission letter matters.

If you snooze, you lose. Tick tock...

Hi! No need to get a lawyer. you can do it by yourself. Have it mail with return of receipt then put cc the name of your bank on your letter. I also reported it to the bank.

I purchased on 2nd and sent my cancellation letter though certified mail on 8th. On the contract it says 10 days for rescission period but the letter will be delivered on 12th.

Am I safe or the letter to be delivered within 10 days.

As long as it is post marked within the 10 day period you are fine . Guard that receipt with your life . It might not be a bad idea to file a dispute with your credit card company if you used a charge card .

Mine i had it mailed overnight though i paid more for the mailing but it was ok. I returned everything they gave me but i made photocopies of all the docs they gave (52 pages) and take photo of everything. If you’re using credit card for sure you can have it disputed. In my case i used my debit card coz they told me they will deduct only around $200... :)

cindyd373 wrote:

If you’re using credit card for sure you can have it disputed.

It is worthwhile and important to repeat that disputing a credit card charge (or even cancelling a credit card outright) for a timeshare purchase does NOT cancel (or affect in any way, actually) the contract itself. Contract rescission must occur separately and directly with the entity with which the contract was executed.

You appear to have done everything correctly to rescind your contract. Well done. I just repeat the above detail for others, as I would not want anyone to ever (incorrectly) believe that if they just dispute (or cancel) a credit card involved in a timeshare purchase, then they are somehow magically cancelling the contract. That belief is quite simply WRONG.

Can anyone confirm the address to send the cancellation to for westgate?

I need help I purchase a time share from Westgate resorts out of Florida and would lie to cancel please help

stephene132 wrote:

I need help I purchase a time share from Westgate resorts out of Florida and would lie to cancel please help

The first most important question to answer is When did you purchase this? If it was within the last ten days, you can legally rescind the purchase if you follow the rescission instructions given to you with your owner's package. If it's been over ten days, well, that's a more complicated situation. Just do not go seeking the "help" of any of these companies or law firms that claim they can "cancel" or "exit" you from your timeshare.

Hello :) How long did they take after you send the letter to cancel. Its been a week for me and they havnt refund me the money or send any info. I did send the cancellation letter within the 10 days and i know they have 45days to do it but anyone actually knows how long they took for any of they cancellations. Im anxious and desperate here.