Cancelling within 10 days

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

juancarlosg3 wrote:

is there anyway to get a sample of what wording is needed to get this done. A little worried as what the content of the rescind letter should say?? Anyone??

You don't need a "sample". All you have to say is "I / We hereby rescind the purchase of (insert details), exercising my / our right to cancel the contract under applicable state law". Period, amen, done. No explanation of any kind is required. You are not making a "request"; you are exercising a legal right to cancel the contract (but you must do so within the time frame provided by individual state law). Anyone and everyone who originally signed the contract as buyers must also sign the rescission (cancellation) letter.

Include photocopies (not originals) of your contract identifying the specific details of the purchase. Send the correspondence by certified U.S. Mail to the address provided to you in writing at the time of contract execution (which, if in the U.S., is a corporate address different from the location / address where you actually made the purchase). Your date stamped, counter-issued receipt from USPS for the certified mail you are sending is your documentary proof (if ever required later) that your rescission was postmarked within the applicable state law rescission deadline.

If you snooze, you will lose, so get this done NOW. They are not obligated to process any cancellation in which the postmark date on the rescission is outside the time frame identified by individual state law (10 days in Florida and Tennessee, 5-7 days in most states, but only 3 days in Massachusetts and two other states). Actual date of delivery and receipt of your rescission is not important and is completely irrelevant; only the postmark date matters.

Hi I recently purchased a timeshare with Westgate in Orlando,Fl. I sent my rescission in yesterday which was day 3. The only thing I didn’t do was sign my signature on the letter. The letter does include my name & date but again I didn’t sign my signature. I also included the 1st page of the contact & the page about the cancellation. Should I resend the letter with my signature or am I good?

To be on the safe side send it again signed .

I agree with Don P. Check your ownership package that you received. It should have detailed instructions how to properly rescind your purchase. Follow those instructions to the letter and do it quickly.

Unsigned = legally insufficient and inadequate.

Don't hand Westgate a reason to decline to process your rescission. Send it again, signed this time, by certified mail. Just as your purchase contract would not have been legally valid without your signature, that is equally true for you to rescind (cancel) that contract now.

Be sure not to send your rescission correspondence to the resort where you actually signed the contract --- it must be sent to the Westgate corporate offices, located on Old Winter Garden Rd. in Ocoee, FL (as clearly indicated somewhere in your contract materials, either on a page hidden within the velcroed-shut binder of your "owner materials", or buried somewhere in the contents of a CD-ROM or thumb drive provided to you at the time of contract execution). Westgate works hard to make it very difficult to find contract rescission information which they are required by law to provide to you at the time of contract execution --- but which those sleazy weasels still make very difficult to actually locate.

Get this done ASAP. You should want NOTHING to do with slimy Westgate. Their properties are certainly fine, but their company practices are truly and consistently despicable (in my personal opinion, as well as that of countless others).

Thanks so much I resent the letter with my physical signature I really hope it works.

dariellew wrote:

Thanks so much I resent the letter with my physical signature I really hope it works.

Anyone else who signed the contract must also sign the rescission (not a concern if you made this purchase alone).

No need to "hope". Your right to rescind (cancel) is provided by law; it's no voluntary act of kindness by the developer. No matter how sleazy their sales weasels might be, no developer in the U.S. would ever dare to flaunt that law; legal consequences for doing so would be severe. Any rescission submitted properly and within applicable state law time frame (10 days in Florida) must be processed with 100% of buyer deposit refunded. It could lawfully take up to 45 days for you to receive your refund, but it likely will not take anywhere near that long. If you got any "gifts" (e.g., a tablet) or other "owner materials", send them back --- you can be charged for them upon rescinding the contract if not returned.

The developer is not under any legal obligation to "confirm" your rescission --- most never even bother to do so. Their only obligation is to process your cancellation and refund your deposit. Now knowing that, do NOT call them to "follow up" and do not engage in ANY phone conversation with any developer representative who attempts to contact you to "sweeten the deal" or otherwise try to talk you out of rescinding. Don't answer their phone calls at all. Let the law work for you now and don't get in its' way by "muddying the waters" with phone conversations that could be deliberately and conveniently (and falsely) "misconstrued" as your expressing a willingness to reconsider. On the contrary, you are now slamming this door shut and locking it behind you; a very wise decision when it comes to slimy Westgate.

dariellew wrote:

Thanks so much I resent the letter with my physical signature I really hope it works.

Did all parties who signed for the purchase also sign this rescission letter you sent? If more than one person signed for the purchase(IOW, if you were there with a partner/spouse/parent, etc. who also signed for the purchase), then those people also have to sign the rescission letter.

Now that you have resent your letter via certified mail, make sure you keep the receipt to prove what day it was resent.

Also, watch our for any phone calls that might come your way from the sales department or resort. They might try to convince you not to rescind.

Remember too that they have up to 45 days to refund your money, but it usually does not take that long. Hence, don't panic if you don't see the refund immediately and then go calling the resort to see if they got your letter.

Hi

I just purchased a timeshare with diamond resorts in Las Vegas. I purchased on December 28th and sent the rescission letter on Dec 30th. There was a pre-printed page in the owners book that had spots for signatures to cancel and I also used a sample letter (notice of cancellation) found on internet to tell them that I'm cancelling within my rescission period. Sent by express mail (mentioned in contract as Canada doesn't do certified or registered mail to US) and it requires a signature upon delivery. The only thing I didn't include is a copy of contract. Is that required as well or I should be ok with just notice of cancellation and their own pre printed form? Should I contact my credit card company as well even though charge is already posted and is pase pending? Also I sent the original paper (notice of cancellation) I found in my owner manual, not a copy. Will that be a problem?

Thanks for all your help. Feeling very anxious.

peimans wrote:

The only thing I didn't include is a copy of contract. Is that required as well or I should be ok with just notice of cancellation and their own pre printed form? Should I contact my credit card company as well even though charge is already posted and is pase pending? Also I sent the original paper (notice of cancellation) I found in my owner manual, not a copy. Will that be a problem?

If you did not provide DRI with a copy of the purchase contract, I hope that you provided something that specifically identifies the date / location / details of your transaction. DRI should not have to initiate and conduct an investigation just to figure out exactly what it is that you are rescinding (cancelling).

If your purchase deposit was made on a credit card, then your refund will be applied back to that same credit card (DRI is highly unlikely to send you a check as refund for a credit card transaction). Under applicable U.S. law, it could take up to 45 days for your refund to be issued, but it likely won't take any more than a very few weeks. Meanwhile, It would be both premature and unwise to cancel that credit card before your refund credit can actually get processed onto it.

If you signed and sent the original of a rescission document reportedly provided by DRI, I hope that you at least made and retained a photocopy of that signed document; it is the actual legal instrument with which you are exercising your right to rescind (cancel); a legal right which is provided by state law (not by voluntary DRI benevolence).

Hi KC

I appreciate your response. The DRI provided sheet only included the contract number. The template I used from internet included the contract number, name of owners (me and my wife) and name of timeshare and date of purchase. https://www.templateroller.com/template/2117104/sample-timeshare-cancellation-letter.html This is the link I used.

After reading through this forum I put together another package with a shorter and more to the point notice of cancellation and used your comment above (we, names, hereby rescind the the purchase of and so on and included contract number, purchasers, name of time share and date of purchase) and copied the contract as well. Should I send this package to them as well? I guess only question is if it would hurt to send another package along as well? (I'm still in the recission window)

I did keep a copy of the provided notice I sent in first place (I sent the original)

It sounds to me like you have things covered, but it certainly cannot hurt to send your second package. If you and your wife both signed the contract, then both of you must also sign the rescission correspondence for it to be valid.

Only the postmark date of your rescission correspondence(s) date matters, applied within the rescission window of that state's law. I can't recall off the top of my head whether Nevada is 5 days or 7 days, but it's one or the other. If you still have time to get your second mailing postmarked today, go ahead and make it happen. When DRI actually receives your rescission correspondence is irrelevant and not important. Postmark date rules all.

One last thought --- do not make make any phone calls to DRI to "follow up". No possible good can come from any such phone conversations, which are meaningless and irrelevant in a contract matter anyhow.

Well done --- and Happy New Year!

One last question: does the 45 day time window for refund apply even if the contract says they have to refund within 20 days (I only ask because the 45 day window would include the first installment of the loan on Feb 11 and I'm thinking about blocking the payment through my bank)? And are they required to inform me if anything is missing in the recission package?

I really appreciate all your help. We have been extremely anxious and feeling scammed regarding this situation so it's nice to know this is very doable.

Happy new year to you too!

peimans wrote:

One last question: does the 45 day time window for refund apply even if the contract says they have to refund within 20 days (I only ask because the 45 day window would include the first installment of the loan on Feb 11 and I'm thinking about blocking the payment through my bank)? And are they required to inform me if anything is missing in the recission package?

I really appreciate all your help. We have been extremely anxious and feeling scammed regarding this situation so it's nice to know this is very doable.

Happy new year to you too!

I believe that the 45 day time period derives from the (Federal) Fair Credit Reporting Act here in the U.S.. Federal law prevails over all else, but the reality is that you will almost certainly receive your deposit refund within that 20 days you mention anyhow. No harm in arranging to "block" that scheduled February 11 payment, but the reality is that it will likely not even be an issue by then and all this will have already become "game over" before then.

A developer is required by law to process a timely and properly submitted rescission and issue 100% refund within 45 days. Nothing else. They are not obligated to "update" you at any time, nor to provide you with any form of rescission confirmation. Some do so, but none are legally required to do so. I wouldn't worry that your rescission submission is "missing" anything. In the final analysis, all you really needed to provide (in a timely manner, signed by all contract signatories and sent to the correct address) is a clear identification of the contract at issue and your signed statement that you are exercising your legal right to rescind (cancel) that contract within the applicable state law deadline.

This is more than just "very doable" --- it's the law. Be grateful (and also proud) that you promptly took the initiative to discover and exercise your right of rescission during your brief (and also, your one and only) opportunity to do so. Far too many people don't read their contract before (or after) signing it and then subsequently also never bother to read their cancellation rights, placed right into their hands at the time of contract execution. By the time they later learn that they could have reversed a bad purchase decision, the time to rescind has long expired and the law is no longer available to help them extricate themselves. This is a classic example of that old adage "You snooze, you lose".

Take a deep breath, relax and sleep well tonight --- you've dodged a bullet. Good on 'ya!

God bless you K.C. you've certainly put my mind at ease. I hope you hit the lotto.

Thanks again.

peimans wrote:

God bless you K.C. you've certainly put my mind at ease. I hope you hit the lotto.

Thanks again.

Glad to help --- and thank you for your kind thoughts. Coincidentally, I actually bought a Powerball ticket this afternoon when I gassed up the car, so it's now officially TWO of us hoping that I win the lotto. $500 million (and realistically, about a one in 200million chance of winning). At worst, it’s a little fun for two bucks before New Years Eve! Be well and stay healthy in 2022.

I ‘upgraded’ my timeshare. If I send a recission letter am I free and clear of timeshare ownership? Does it revert back to my previous contact?

Thanks!

nakiad6 wrote:

I ‘upgraded’ my timeshare. If I send a recission letter am I free and clear of timeshare ownership? Does it revert back to my previous contact?

Thanks!

If you rescind an upgrade, you still own exactly what you owned before rescinding the upgrade, just as if the upgrade never even happened. Rescinding the upgrade has ZERO impact on the previously existing ownership and / or all of its’ obligations.

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