westgaters

[lang789 Junior Member Find all posts View Profile Close lang789]

I posted this question on tug and also want some feedback here.

i posted a question a couple of weeks ago about my mortgage contract..
when i initially bought the timeshare...i tried to cancel four days later
the customer rep for westgate told me that since i bought a deeded timeshare i could not cancel...they dont have a cancellation policy for them. I looked at every closing document they gave me and sure enough no opt out clause. Every since then i keep seeing message post from people cancelling their westgate parkcity share....whats the deal...could i have cancelled at that time.....with this latest problem i'm experiencing at westgate
i obviously am going over every conversation i've had with them...they've
lied so much..

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

I'm not a westgater, just a westgatehater. The right of recission is a law and I don't think it can be circumvented by contract. Contact your state Attorney General and see what he says. Let us know how you make out.

[lang789 Junior Member Find all posts View Profile Close lang789]

will do...writing a complaint to ftc and utah real estate commission

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

Former Westgater, permanent Westgatehater here.

It's a law in Florida.

This should be Utah's timeshare law:

Utah Code -- Title 57 -- Chapter 19 -- Timeshare and Camp Resort Act

Here is the right to cancel:

Utah Code Section 57-19-12

Every agreement to purchase an interest in a project which is subject to this chapter shall include the following statement in at least ten point bold upper-case type, immediately preceding the space for the purchaser's signature:
"PURCHASER'S RIGHT TO CANCEL: YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY CANCELLATION FEE OR OTHER PENALTY BY HAND DELIVERING OR SENDING BY CERTIFIED MAIL WRITTEN NOTICE OF CANCELLATION TO: (NAME AND ADDRESS OF DEVELOPER). THE NOTICE MUST BE DELIVERED OR POSTMARKED BY MIDNIGHT OF THE FIFTH CALENDAR DAY FOLLOWING THE DAY ON WHICH THE AGREEMENT IS SIGNED. IN COMPUTING THE NUMBER OF CALENDAR DAYS, THE DAY ON WHICH THE CONTRACT IS SIGNED AND LEGAL HOLIDAYS ARE NOT INCLUDED."

[timeos2 Senior Member Find all posts View Profile Close timeos2]

Other than the fact that they're almost thieves they're nice

Welcome to Westgate. Please leave your credit card numbers with us. You have just experienced only the beginning of the fun and ever so reasonable costs you will enjoy for many years to come. You do not have to worry about being contacted, even if you request it, by a knowledgeable staff memeber, anyone who can answer a question about the fees you are charged, anyone who can say anything about what you bought, what you pay for it, what it's worth, how you can get rid of it or anything else that might be of help to you. They won't disturb you with such minor things. They will be able to email, snail mail and phone to get you to buy more, to get your friends to buy more and to threaten you if you want to sell or stop paying. It's just their way of showing southern hospitality.

If you actually believed the lying weasels and didn't - in writing - request to rescind within the 5-10 days the state statutes allow for then you are unlikely to have any luck rescinding now (although you certainly should try). If you don't have anything in writing or on tape that they denied you that right then it's your honest word against the scheming, lying weasels known as Westgrate sales slime. Guess what - they're better at lying than you are at proving they did.

Unfortunately you are now most likely an owner at the worst timeshare group in the USA - maybe some of the Mexican pressure sales resorts are worse but it's going to be a close race. Give serious consideration to stopping payment on any check or credit card payment you made to try to force their hands. Good luck and here's hoping you can get out and buy something resale that you'll enjoy far more than any Westgrate.

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

The only hope I can think of is that the wording of some of the state laws is that the five day period starts running at the time the cancellation clause is presented.

If that was the case, in this case if it was truly never presented, then it has not started running yet.

Good luck.

[dougp26364 Senior Member Find all posts View Profile Close dougp26364]

But you would have to prove you did not receive it or they would have to prove that you did receive it. My guess is that they'll have a signed copy in their files whether or not you received the same copy or not. Trying to prove that you did not receive it if they have a signed copy will be, essentially, impossible.

I posted OY that you probably just need to get over the mistake of buying from Westgate and learn to use this property to your best advantage. AFter a year of ownership, you'll be very hard pressed to rescind now.

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

You need to speak with an attorney if the Westgate person actually told you that you could not rescind because you got a fixed deeded week and that was not true. The reason is that most states have a deceptive trade practices act that you can sue for damages if someone makes a misrepresentation like this. Normally, you have a year or two to sue.

Most of these laws require that you first send a letter to the offending party that states what the misrepresentation was, how you were damaged, what damages you want, including rescinding the contract here, and for attorney fees to date. The offending party has a period of time to respond, probably 60 days. IF the offending party accepts your offer to settle, it's over. If not, you sue and possibly get 2x or 3x your damages plus attorney fees.

This type of action is very consumer oriented. But you need to contact an attorney in the jurisdiction where the TS you bought is. You need to do it NOW. Good luck.

If you have any access to a court database in the place where your TS is, I would research and see if there are any attorneys who have sued Westgate before and contact him/her.

[Jya-Ning Silver Contributor Find all posts View Profile Close Jya-Ning]

I looked at every closing document they gave me and sure enough no opt out clause.

Not idea about Westgate.

Before you take any action, relook at all the documents you received when you sign the contract, even the smallest font. I will tend to believe it is a standard contract prepared by their lawyer for all persons purchased within that state. If that is the case, I don't believe that clause will be missed in your contract. On the other hand, the sales may not give you that but will claim they give everyone the same set of documents, then they will need to show your signature I will guess.

Jya-Ning

[gjw007 Member Find all posts View Profile Close gjw007]

As others have stated, the right to rescind is a state law. To make sure that you can prove that you sent the request to rescind, it is advisable to send it registered with return receipt. If there is any question, you can at least prove that you sent them a document and that they did receive it within the prescribed time. If you had purchased it in Florida, it would have been 10 days (calendar). As it appears that you have purchased it at least several weeks ago, it might be hard to prove that you intended to rescind but the advice to talk to an attorney is sound advice.

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

Especially if you have done anything showing you accepted the ownership. Paid fees. Responded to anything.

Of course, what Doug is saying is that the passage of that amount of time without an objection from you is likely prima facie evidence that you accepted the ownership.

The legal system does not look kindly on those who wake up one morning and suddenly decide they no longer want a long-standing obligation.

Why don't you google around with this a bit and see if you can learn anything?

So, again, good luck!

AFter a year of ownership, you'll be very hard pressed to rescind now.

[dougp26364 Senior Member Find all posts View Profile Close dougp26364]

Since I had responded to this OY, I had not noticed that the OP had left out the important information that the purchase was one year old. That's sort of important information to understand before giving advice. OY, it was pointed out that a year is probably going to be to long of a period of time between signing a contract and rescinding it.

If the OP decided to leave that little tidbit out of this post in order to generate a little more sympathy for their plight against the evil Westgate, it makes me wonder if there's anything else that has been left out to make it appear they have a stronger position than they have or if they are just experiencing buyers remorse when it's far to late to back out.

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

My post about deceptive trade practices would not normally be barred within a year. My advice to him stands as is: contact an attorney to determine if he has any legal rights he can assert to set aside his contract or get damages.

[dougp26364 Senior Member Find all posts View Profile Close dougp26364]

My post about deceptive trade practices would not normally be barred within a year. My advice to him stands as is: contact an attorney to determine if he has any legal rights he can assert to set aside his contract or get damages.

Be that as it may, one still has to actually prove deseceptive trade pracitces occured. Leaving out important information as to how long ago this happened leads one to question the acuarcy of the information or, if all the information needed is there to give good advice. Say for instance that there actually was such a form but the OP states there is not. If that form exists and if the OP is not honest about that, it changes things a little bit.

You can always seek legal advice and that in and of itself is sound advice. But, in doing so you need to be completely honest with the attorny or you're going to waste a lot of money only to get into court and have your cased bounced out before it even gets started.

I'm not a betting man but, I do know a little bit about Westgate. I would be extremely surprised if they do not have in their possesion a copy of the rescinsion document signed by the OP. Whether or not he received it in his package becomes a matter of he said/they said. With a signed document in Westgates hands, who do you think the courts would side with?

Maybe the best thing to do before spending the money is to demand that Westgate send the OP a copy of the signed rescintion form to PROVE that one did exist. If they can't do that, then I belive spending the $$ on an attorney might be in order. If Westgate can produce a copy of the form then the OP is on thin ice IMO.

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

My point is that even with a signed contract with the rescission notice language in it, IF the salesman told the OP that the OP could NOT rescind, then the OP has a cause of action to set aside the contract. That's what makes these deceptive trade practices act cases so consumer oriented. If the representation, whether oral or written, is false, deceptive or misleading, then Westgate can be liable.

I agree with you 100% that the OP must disclose all of the facts to an attorney in order to properly evaluate the case. At this point, if the OP wants to do something about his problem, he needs to act now.