WestGate Scam/Cancellation of contract

[irisitah77 Junior Member Find all posts View Profile Close irisitah77]

Hi,
For my 27th bday my hubby took me to Orlando (we live in Atlanta), so we could go to all the Disney Parks. At the hotel they told us to go to a 90-min tour at Westgate resorts so we could get a 50% discount on the tickets to the parks. We decided to go thinking we would say no to everything, but after 3-4 hours of pressure, we gave in (especially because the sales guy offered all kind of incentives like $500 gift card towards a cruise, an extra paid week, tons of discounts, etc), so I stupidly fell in the trap and convinced my husband to buy a 10k time share. # days after signing the contract we had buyers remorse and did some research online along with a careful look of the contract. We found that many of the "benefits offered" had many clauses and conditions, along with expiration date, annual memberships, etc, none of these things were mentioned at the closing. We found that this company has really bad ratings so we decided to cancel. We saw that Florida law allows you to cancel a time share contract within 10 days of purchase by sending a letter to them. I sent 3 letters to different addresses because the "public accountant" refused to help us and said we could not cancel the contract because we had already signed it and that it will not be easy for us to get out of it.
I want to know if any of you has been in a similar situation and if it's true that even if you send them a signed and certified cancellation letter at the corporate office you're still stuck in the contract or if they're just lying to keep me from sending the letter. Today is day 6 after the contract.

[bigfrank Administrator Find all posts View Profile Close bigfrank]

Some contracts say 5 days some say 7. What does yours say?

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Wastegate is lower than whale-$#!+ at the bottom of the ocean. Make sure you did everything by the contract, kept a copy of everything you did, and mailed it certified, so that you have proof of mailing.

721.06 - Contracts for purchase of timeshare interests. - 2011 Florida Statutes - The Florida Senate

3. You may cancel this contract without any penalty or obligation within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida Statutes, whichever is later. If you decide to cancel this contract, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to (Name of Seller) at (Address of Seller) . Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10-day cancellation period, is prohibited.

(i) A statement that, in the event the purchaser cancels the contract during a 10-day cancellation period, the developer will refund to the purchaser the total amount of all payments made by the purchaser under the contract, reduced by the proportion of any contract benefits the purchaser has actually received under the contract prior to the effective date of the cancellation. The statement shall further provide that the refund will be made within 20 days after receipt of notice of cancellation or within 5 days after receipt of funds from the purchaser’s cleared check, whichever is later. A seller and a purchaser shall agree in writing on a specific value for each contract benefit received by the purchaser for purposes of this paragraph. The term “contract benefit” shall not include purchaser public offering statements or other documentation or materials that must be furnished to a purchaser pursuant to statute or rule.

If you have any problems, email Florida Attorney general Pam Bondi:

Florida Attorney General - AG Office and Phone Numbers

She's really pretty.

[irisitah77 Junior Member Find all posts View Profile Close irisitah77]

Thank you so much for your help. Believe it or not, but our contract did NOT state anything about cancellation of contract. I do remember that when I signed it, there was a section that said we had 10 days to cancel, but the copy they gave us did NOT say anything like that! They're horrible! On top of that, they gave us a CD with the addendum, and digital copy of the paperwork, so I get home and guess what? the CD is blank! No info whatsoever! If it wasnt for internet and these blogs, I would not know what address to send the cancellation letter to! The "customer service" people and public accountant at Westgate refused to provide an address, using the cheap excuse "I dont know it/cant access your file"
Lets hope they give me my money back asap!

[tonyg Goomba & Super Moderator Find all posts View Profile Close tonyg]

Don't give up until you get your money back---contact the Florida AG if necessary. Anything you hear from Westgate is probably a lie or at least not the whole truth.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

You may cancel this contract without any penalty or obligation within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida Statutes, whichever is later.

Don't be the only one between you and Wastegate that knows the law. Read it.

If you don't get my drift, it sounds like you have not been prvided with all the documents required by the Statutes, so your cancellation period has not started yet. (Do not rely on postings on the Internet to be reliable).