Ask RedWeek

Cancelling within 10 days

Jul 05, 2013

I am within my 10 day period and understand I can cancel. I called and they say that even for cancellation they will charge closing costs of 10% purchase value plus some other benefits. Shouldn't they honor the statute that says without any cost or obligation and they will refund all money?


Carlos A.
Jul 05, 2013

It's all horse manure what they're telling you. Legally, you have the right to rescind within 10 days if you purchased in FL. They cannot charge you anything if you exercise your legal right to rescind.

Follow the rescission instructions very carefully. The instructions likely say to send a letter via certified mail (ask for a receipt when you send it). Do not have any further telephone contact with anyone at the resort or head office. All they will do is continue to feed you more lies about buying and owning there.

Get on to your rescission letter right away. The clock is ticking on your window of opportunity to rescind. You'll be glad you did.

And if you receive any more phone calls from a number you do not know, do not answer the phone. It will likely be those same slimy sales people wanting you to keep your overpriced timeshare.


Lance C.
Jul 06, 2013

carlosa125 wrote:
I am within my 10 day period and understand I can cancel. I called and they say that even for cancellation they will charge closing costs of 10% purchase value plus some other benefits. Shouldn't they honor the statute that says without any cost or obligation and they will refund all money?

It's law that you have 10 days to rescind all obligations regarding your purchase .... do not CALL to rescind .... send a certified letter (note) return receipt via your post office NOW. It's the date posted on the letter that counts. You do not have to go into detail ..... just list your contract number and your name stating that you're rescinding.


R P.
Jul 06, 2013

Thank you all for your responses. Rescission letter has been sent.. (actually on 3rd day after signing contract). I am only waiting now for response / acceptance / confirmation of the cancellation request. I suppose and want to believe that the law will be applied and they will honor my request.

I'll post updates.


Carlos A.
Jul 07, 2013

carlosa125 wrote:
Rescission letter has been sent...

I'll post updates.

That's one of the smartest moves you'll ever make. And I will reiterate my previous statement. Do not talk to anyone or take any phone calls from people you do not know while your rescission request is in progress.

You might get calls from various departments within the resort or the timeshare company with claims like "We're trying to confirm your request," etc. Likely it's just a ploy to try to talk you out of your rescission.

They might use the same lines and tactics that were used on you during the sales presentation. They might even "improve" the offer. Stay away from such calls.


Lance C.
Jul 12, 2013

revisiting this thread.. a week + 2 days after sending the cancellation letter i have not heard a word from them. Im hoping everything will go as planned, but Im still anguished with the uncertainty of the outcome.

3 different sources have told me "Im good" with what I did (sending the cancellation letter)... Should I expect some document stating the cancellation is complete? ..

I'll appreciate your comments..


Carlos A.
Jul 19, 2013

Probably no one would care much; but...

I just received a letter from the Resort confirmation that my contract has been cancelled and the funds re-imbursed. I cant believe it and hope the best outcome for anyone dealing with the burden of this type of contracts.!!

will be looking forward to book / rent from you guys in the future.

best for all!


Carlos A.
Jul 19, 2013

carlosa125 wrote:
Probably no one would care much; but...

Actually, I'm glad you let us know about this happy outcome.

And yes, renting units from owners rather than purchasing is rarely a bad idea. I'm sure there a lot of owners out there right now who envy your position.


Lance C.
Jul 20, 2013

carlosa125 wrote:
Probably no one would care much; but...

I just received a letter from the Resort confirmation that my contract has been cancelled and the funds re-imbursed. I cant believe it and hope the best outcome for anyone dealing with the burden of this type of contracts.!!

will be looking forward to book / rent from you guys in the future.

best for all!

A timeshare purchase rescission period is mandated by law, so if you sent your rescission letter within that period (stated in your contract) then they had no other choice but to rescind your purchase.


R P.

Last edited by jayjay on Jul 20, 2013 08:08 AM

Oct 24, 2013

MasterCard has a new policy that gives their clients a 14 day rescission period no matter what if it's related to a timeshare purchase.

"For transactions dated October 18, 2013 or beyond, a cardholder will be allowed to cancel a timeshare or any similar provision of services within 14 calendar days of signing the contract. This requirement supersedes any term or condition of cancellation contained within the contract or refund policy for these merchants."


J V.
Apr 03, 2016

Hi, yesterday I paid 4300$ for Alma in VietNam to buy timeshare in Nha Trang, so how do I cancel it ? I don't know rescission period of Alma. Can anyone help me about it ? thanks


Phan V.
Apr 04, 2016

Look at your contract carefully and see if there is information about rescission or cancellation. I don't know if there is a legally mandated requirement for Viet Nam. If not you may be out of luck. I would still go ahead and send a letter ASAP stating you would like to cancel on today's date are request a full refund.


Tracey S.
Jul 08, 2017

I do care ! I am sending a rescission letter today. Hope to have the same outcome you had!


Alexandra Q.
Jul 08, 2017

Make sure you get a registered receipt for the letter so they can't deny that they received it .


Don P.
Sep 08, 2017

I am in my 2nd day after purchase. I saw all these reviews about west gate scams and called my closing officer about my doubts. Just like the forums said, she claimed not to worry about the 10 day period and that she will handle it on Tuesday. She claims they will still charge me closing costs. I told her how when I have ten days per florida law?? I asked her what info I needed to put in the letter and she kept avoiding the answer and said she will help me on Tuesday. Not falling for it. I'm sending my letter today!


Shakira D.
Sep 08, 2017

What info did you include in your cancellation letter?

carlosa125 wrote:
Probably no one would care much; but...

I just received a letter from the Resort confirmation that my contract has been cancelled and the funds re-imbursed. I cant believe it and hope the best outcome for anyone dealing with the burden of this type of contracts.!!

will be looking forward to book / rent from you guys in the future.

best for all!


Shakira D.
Sep 08, 2017

shakirad3 wrote:
I'm sending my letter today!

Make sure you follow the instructions carefully as to where you send the letter and by what method. The instructions should be in your owner's package that you received with the purchase. Look carefully because they might be in some hidden or secret compartment.

The instructions will probably tell you to send it USPS certified mail (and request a receipt) to Westgate's corporate office in Florida. Do not send it to the resort. If you get it sent in time, Westgate cannot charge you closing costs. They are required to refund you every nickle you paid including closing costs. They also may take up to 45 days to totally refund you, so if you do not receive your refund immediately, don't panic and call the resort or the sales people. As you have shown in your post, they will only try to talk you out of rescinding. There is no penalty for rescinding.


Lance C.
Sep 08, 2017

Thank you! I am writing my letter now. It just says send notice of cancellation and it provides the address but I'm definitely sending certified with return receipt. It also specifies that I will be charged $150 of the tablet given to me at closing is not returned upon cancellation. Do I send that to them too with the letter?

lancec13 wrote:
shakirad3 wrote:
I'm sending my letter today!

Make sure you follow the instructions carefully as to where you send the letter and by what method. The instructions should be in your owner's package that you received with the purchase. Look carefully because they might be in some hidden or secret compartment.

The instructions will probably tell you to send it USPS certified mail (and request a receipt) to Westgate's corporate office in Florida. Do not send it to the resort. If you get it sent in time, Westgate cannot charge you closing costs. They are required to refund you every nickle you paid including closing costs. They also may take up to 45 days to totally refund you, so if you do not receive your refund immediately, don't panic and call the resort or the sales people. As you have shown in your post, they will only try to talk you out of rescinding. There is no penalty for rescinding.


Shakira D.
Sep 08, 2017

shakirad3 wrote:
I am writing my letter now. It just says send notice of cancellation and it provides the address but I'm definitely sending certified with return receipt. It also specifies that I will be charged $150 of the tablet given to me at closing is not returned upon cancellation. Do I send that to them too with the letter?

They certainly have every right to charge you the retail value of the tablet if you fail to return it, but you need not actually include the tablet with your rescission (cancellation) letter. Simply state in your rescission letter that the tablet is "being returned under separate cover" and ship it to them asap by the cheapest means available. The important thing right now is to get your rescission letter sent by certified mail, with a date stamped postmark receipt which is within the rescission period of the state where you purchased (10 days in Florida, 5-7 days in most states, yet only 3 days in a handful of other states).

They CANNOT legally charge you a single penny for "closing costs" (there isn't going to be any "closing" anyhow), so what you were told on the phone is simply (and predictably) false. State law very plainly and very clearly requires them to cancel the contract, charge you absolutely NOTHING and return 100% of your deposit within 45 days. It may not actually take 45 days to receive your refund, but it's still possible (and lawful) for it to take that long.

DO NOT call or talk to those weasels again on the phone (although they may attempt call you when they receive your rescission letter). Phone conversation is completely and absolutely meaningless, legally speaking, when it comes to contract matters. Those parasites will say virtually ANYTHING to cause confusion and / or create a delay and / or attempt to salvage the sale (and their commission). Just ignore anything and everything you were told on the phone and get your written rescission letter signed and sent off by certified mail as soon as possible and never speak to those lying weasels again under ANY circumstances. Let the law work for you, don't get in the way --- and stay off the phone!

Westgate is simply "the worst of the worst" (in my opinion) and you would surely later regret forever having ever made the mistake of getting involved with them. Westgate also employs very restrictive reservation practices which make Westgate resales virtually worthless, so it would be next to impossible for you to even GIVE it away later FOR FREE! You're dodging a serious bullet here. Well done and congrats!


KC

Last edited by ken1193 on Jan 15, 2018 11:07 AM

Jan 15, 2018

Voluntarily deleted inadvertent duplicate post.


KC

Last edited by ken1193 on Jan 15, 2018 11:03 AM


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