Regretting decision =(

[SallyHoover Senior Member Find all posts View Profile Close SallyHoover]

I would still try to rescind but I found posts both from people who purchased from Westgate and from Timeshare Liquidators who have opened disputes with CC companies who have had the CC company come back and say they contacted Nevada's Real Estate Commission and they say that sales of foreclosures in Nevada do not have a rescission period and it doesn't matter who is selling it.

Carolina you are looking at 3 but what about 2.

JohnQAttorney :
NRS 119A.170 Applicability of this chapter and chapter 645 of NRS.
1. The provisions of this chapter, except subsection 4, do not apply to:
(a) The sale of 12 or fewer time shares in a project or the sale of 12 or fewer time shares in the same subdivision;
(b) The sale or transfer of a time share by an owner who is not the developer, unless the time share is sold in the ordinary course of business of that owner;
(c) Any transfer of a time share:
(1) By deed in lieu of foreclosure;
(2) At a foreclosure sale; or
(3) By the resale of a time share that has been acquired by an association by deed in lieu of foreclosure or at a foreclosure sale;
JohnQAttorney :
The above section is the law.
JohnQAttorney :
So a timeshare resold after being acquired at a foreclosure sale is exempt from the rescission requirements unfortunately.


Read more: I purchased a timeshare in Las Vegas through Westgate 06/15/12. - JustAnswer http://www.justanswer.com/consumer-p...#ixzz2GMAvmF55

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

This property was not acquired ''AT'' a foreclosure sale. It is a property that has previously been foreclosed. Buying AT a foreclosure sale means standing there on the courthouse steps and being the high bidder. The later resale of that timeshare is covered in (c)(3).

I wonder if these credit card companies spoke to a bureaucrat instead of a lawyer at the Real Estate Commission, or it they spoke with someone not familiar with timeshare who did not know the significance of the word ''association'' especially as it is defined in the timeshare statutes. The lawyer at that consumer protection lawyer website did not pick up on it. A Nevada lawyer who is familiar with timeshare may be needed to be brought in. It will probably mean explaining why (c)(2) does not apply and then that (c)(3) does not either because the developer is NOT a timeshare homeowners association. You may have to hold the Real Estate Commisions hand on this. That is also a good reason to cc the Attorney General's Consumer Protection division, as the liklihood of getting a lawyer to look at it is much higher there.

North Carolina's Real Estate Commission timeshare specialist for decades was a lawyer who knew the statutes on timesharing backward and forward and was very proactive when situations like this came in. Unfortunately, not all Real Estate Commissions are that way.

I would still try to rescind but I found posts both from people who purchased from Westgate and from Timeshare Liquidators who have opened disputes with CC companies who have had the CC company come back and say they contacted Nevada's Real Estate Commission and they say that sales of foreclosures in Nevada do not have a rescission period and it doesn't matter who is selling it.

Carolina you are looking at 3 but what about 2.

[StressCadet Senior Member Find all posts View Profile Close StressCadet]

I'm not sure how you paid for said timeshare...but if you used a credit card-then by all means dispute the charges while you go through the battle to rescind.

[Presley Senior Member Find all posts View Profile Close Presley]

I'm not sure how you paid for said timeshare...but if you used a credit card-then by all means dispute the charges while you go through the battle to rescind.

Yes. If you paid by check, stop payment. When you get any bills in the mail, don't pay them. They will get tired of you and eventually foreclose.

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

Yes. If you paid by check, stop payment. When you get any bills in the mail, don't pay them. They will get tired of you and eventually foreclose.

We haven't paid anything yet. There were no closing costs and the down payment was waived. It's basically a monthly payment to cover the cost without interest (although we were planning to pay in full)-cash. Then maint/taxes every other year. This is why it didn't sound so bad to us. I don't think the deal in total was THAT bad, it's the prospect of having to deal with Westgate that scares us. The purchase also came with unlimited getaways but not sure how many people have had success using those. Also, Hilton will be doing the maintenance on the property so I'm not sure what to do =( soooo confusing. It's not like we purchased this extremely overprices (even though I'm sure we could've found something on ebay) and have high interest and monthly payments.

[LisaH Senior Member Find all posts View Profile Close LisaH]

Don't waste another minute. Follow the procedure you found online and send your rescind paper in. At the very least, you wasted your effort but this might just be enough for them to take it back...

[Glitter Brunello Super Moderator Find all posts View Profile Close Glitter Brunello]

We all have unlimited getaways in one form or another, those are not a perq and not easy to use. Non-payment could trigger credit issues, beware.

[taffy19 Gold Contributor Find all posts View Profile Close taffy19]

Don't waste another minute. Follow the procedure you found online and send your rescind paper in. At the very least, you wasted your effort but this might just be enough for them to take it back...

I would try it. All they can say is no and then have a real estate attorney write a letter for you. Find one that has timeshare experience too. Don't fall for the ones that ask for a fee upfront.

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

Having started with Wastegate over 20 years ago, and having owned multiple weeks, and having acquired that firsthand knowledge and the knowledge from others via Internet forums, if I/we were in your situation, having put down nothing, I/we would tell them politely Adios!, sorry Charlie, catch you again some day, bon voyage, sayonarra, etc.

I/we would not lose another minute's sleep over it.

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

Having started with Wastegate over 20 years ago, and having owned multiple weeks, and having acquired that firsthand knowledge and the knowledge from others via Internet forums, if I/we were in your situation, having put down nothing, I/we would tell them politely Adios!, sorry Charlie, catch you again some day, bon voyage, sayonarra, etc.

I/we would not lose another minute's sleep over it.

JLB, what exactly is it about Westgate that you've had issues with? The reason I ask is perhaps going through Interval International for getaways and the fact that Hilton now owns Elara and will be maintaining those units, what issues do you think we will encounter?

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

JLB, what exactly is it about Westgate that you've had issues with? The reason I ask is perhaps going through Interval International for getaways and the fact that Hilton now owns Elara and will be maintaining those units, what issues do you think we will encounter?

Years and years of crap.

First Mr. S insisted on doing battle with Christel Dehaan. We were dual-affiliated and RCI, back then, was ten times better than II (for our needs). One year we had the choice of staying at WVV through II or RCI. We chose RCI because II Getaways were not available for Orlando owners. Not recognizing us as owners, we were treated like second class citizens. His personal vendetta was not in the best interest of his owners.

Then, the constant doing battle with owners, using them for his cash-cow. Nickel and diming we coulda taken; but the dollaring not.

Then, the constant sales harassment of anyone who steps foot on their property. Our position was that we bought vacation time to vacation, not to be harassed into buying more vacation time.

Then the constant lying to get the sale. We attended a presentation three or four years ago and it had not changed in 20 years. When our weasel (a manager, he said) saw he had no hope with us, he told us to sit there for another 45 minutes, then go get our gift. We heard the same lies around us in several languages.

Then, the ongoing, illegal telemarketing phone calls we still get, something they have paid fines for.

Then, the proof that Mr. S is the --------- he is vis a vis Dawn Georgette Myers.

Then, his insistence on trying to influence his employees' rights as US citizens.

Then, this:

http://elitechoice.org/wp-content/up...da-mansion.jpg

Would you buy anything from this man?

http://assets.nydailynews.com/polopo..._635/image.jpg

We all have the right to vote with our dollars, to do business with whomever we like. We don't like Mr. S/Wastegate/Central Florida Investments.

PS: I am still this far away (holding up thumb and forefinger) from them on a regular basis.

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

Years and years of crap.

First Mr. S insisted on doing battle with Christel Dehaan. We were dual-affiliated and RCI, back then, was ten times better than II (for our needs). One year we had the choice of staying at WVV through II or RCI. We chose RCI because II Getaways were not available for Orlando owners. Not recognizing us as owners, we were treated like second class citizens. His personal vendetta was not in the best interest of his owners.

Then, the constant doing battle with owners, using them for his cash-cow. Nickel and diming we coulda taken; but the dollaring not.

Then, the constant sales harassment of anyone who steps foot on their property. Our position was that we bought vacation time to vacation, not to be harassed into buying more vacation time.

Then the constant lying to get the sale. We attended a presentation three or four years ago and it had not changed in 20 years. When our weasel (a manager, he said) saw he had no hope with us, he told us to sit there for another 45 minutes, then go get our gift. We heard the same lies around us in several languages.

Then, the ongoing, illegal telemarketing phone calls we still get, something they have paid fines for.

Then, the proof that Mr. S is the --------- he is vis a vis Dawn Georgette Myers.

Then, his insistence on trying to influence his employees' rights as US citizens.

Then, this:

http://elitechoice.org/wp-content/up...da-mansion.jpg

Would you buy anything from this man?

http://assets.nydailynews.com/polopo..._635/image.jpg

We all have the right to vote with our dollars, to do business with whomever we like. We don't like Mr. S/Wastegate/Central Florida Investments.

PS: I am still this far away (holding up thumb and forefinger) from them on a regular basis.

Thanks for the reply and sorry you've had to deal with crap like that. I guess all we can do is wait and see if they allow us to rescind on the resale purchase. I'm not too worried about feeling pressure from Westgate when staying at PH (Elara) bc they don't own it anymore. We'd have to try to make the best of the situation and figure out how to utilize he purchase the best we can. We are young(ish) newlyweds with no kids yet. Love Vegas and want to visit Belize, Hawaii and lots of other places.

If we are able to rescind, can anyone recommend a good timeshare company to rent/buy with? Also, if we are forced to deal with Westgate, is there any hope that we will actually enjoy our getaways (didn't plan on exchanging bc the salesperson told us it costs like $154 so they said it makes sense to use the getaways) and the Elara/PH Towers in Vegas?

[Glitter Brunello Super Moderator Find all posts View Profile Close Glitter Brunello]

It depends on your travel expectations. You can use inexpensive Getaways for places with more supply than demand - Las Vegas is definitely possible. Orlando. Off season and last minute for low prices. Getaways are absolutely not to be counted on (neither are exchanges, for that matter).

I just checked II Getaways for Las Vegas. There are quite a few to choose from ranging from $267 to $750ish depending on week, unit size and resort. January weeks are lowest, partially bc it's last minute.

Hawaii Getaways (there are a few, not many) available at the moment range from $750 - $1500.

Belize has one resort available in Getaways starting in April, cost is $759 for the week in a one bedroom unit.

Here's one on St Kitt's starting TODAY, cost is $1597. One more in June:


Marriott's St. Kitt's Beach Club
Frigate Bay , ST.KITTS/NEVIS
MSK

Dec 30 2012 - Jan 06 2013
2 6 8

$1,597.00

Jun 28 2013 - Jul 05 2013
2 6 8

$1,387.00

[Sydney Contributor - Bronze Find all posts View Profile Close Sydney]

I agree with Carolinian as the statute does not appear to exempt this particular sale from a rescission period since it was not purchased by the OP at a foreclosure sale [1(2)], nor from an association of owners [1(3).

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

Thanks for the reply and sorry you've had to deal with crap like that.

No problem.

It was good training for dealing with our neighbors.