Westgate TC Orlando - My Timeshare...advice plse

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

Before attempting a sale I suggest you read the purchase documents carefully and look for a right of first refusal clause. I have heard Westgate has used this to annoy sellers or even extort money from resellers. Several of us here are not at all fond of CFI/Westgate for their historical shenanigans.

I bought a Westgate Vacation Villas at resale for 2,750 about 6 years ago from a third party and don't recall any ROFR issues. My unit is one of the original units at that resort so it is a bit older. Is ROFR only on the newer sales contacts? Also, is it safe to assume that ROFR won't affect me if I were to sell? Reality for me is that I can't selling selling my unit because I paid so little for it and the first years maintenance was already paid so my next cost for the unit was about 2,300. I discovered buying at resale by accident and at this point would probably never buy a unit a retail. I have stayed at my unit twice, traded once to a different week at Westgate Towers, and traded to 3 different locations including this April 19th at Myrtle Beach. I have never attended one of those so called "maintenance inspections" were Westgate trys to get you to upgrade. I just blow them off or tell them to call me in a few days when they ask to make an appontment.

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

Nevr believe a word from Wastegate. The Truth is unknown to them

I bought a Westgate Vacation Villas at resale for 2,750 about 6 years ago from a third party and don't recall any ROFR issues. My unit is one of the original units at that resort so it is a bit older. Is ROFR only on the newer sales contacts? Also, is it safe to assume that ROFR won't affect me if I were to sell? Reality for me is that I can't selling selling my unit because I paid so little for it and the first years maintenance was already paid so my next cost for the unit was about 2,300. I discovered buying at resale by accident and at this point would probably never buy a unit a retail. I have stayed at my unit twice, traded once to a different week at Westgate Towers, and traded to 3 different locations including this April 19th at Myrtle Beach. I have never attended one of those so called "maintenance inspections" were Westgate trys to get you to upgrade. I just blow them off or tell them to call me in a few days when they ask to make an appontment.

Wastegate may claim to have ROFR on your unit but, as you correctly surmise, they don't. But not having the right or flaunting laws / regulations is SOP for the Wastegate group so you have to expect it.

Should the day come when you decide to sell and anything like ROFR OR the infamous "commission due" (Wastegate feels they have a right to a commission on a sale you or your agent makes - sure, why not? I always get a commission on anything my neighbor sells, right? Of course not - and Wastegate has no right to anything you own either but, see flaunt the law above, not having any right never stopped them before) just drop them a quick letter - with a copy to the Florida State Business Practice Office - asking them to provide, in writing, within 5 business days the exact contract wording that gives them that right. Naturally it will all suddenly be "waived" as they don't have it and certainly cannot produce it in any form that would satisfy the State Regulators. They should be shut down like the scam artists that took so many timeshare owners for $1000 or more a few years back in another infamous scam but, so far, they have skirted the edge of the law to avoid direct prosecution. With a little luck one of the letters from an owner questioning the bogus "rights" they claim will finally make the Florida Authorities act to shutdown that corrupt operation and hopefully jail time for the obnoxious King.

Anyway, you can sell at will and don't let the slime at Wastegate bully you to think otherwise. But remember you have to live with what you have done to a fellow human being if you sell. Unlike Wastegate you may actually feel bad after ripping off another person. They have no such qualms.

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

Wastegate may claim to have ROFR on your unit but, as you correctly surmise, they don't. But not having the right or flaunting laws / regulations is SOP for the Wastegate group so you have to expect it.

Should the day come when you decide to sell and anything like ROFR OR the infamous "commission due" (Wastegate feels they have a right to a commission on a sale you or your agent makes - sure, why not? I always get a commission on anything my neighbor sells, right? Of course not - and Wastegate has no right to anything you own either but, see flaunt the law above, not having any right never stopped them before) just drop them a quick letter - with a copy to the Florida State Business Practice Office - asking them to provide, in writing, within 5 business days the exact contract wording that gives them that right. Naturally it will all suddenly be "waived" as they don't have it and certainly cannot produce it in any form that would satisfy the State Regulators. They should be shut down like the scam artists that took so many timeshare owners for $1000 or more a few years back in another infamous scam but, so far, they have skirted the edge of the law to avoid direct prosecution. With a little luck one of the letters from an owner questioning the bogus "rights" they claim will finally make the Florida Authorities act to shutdown that corrupt operation and hopefully jail time for the obnoxious King.

Anyway, you can sell at will and don't let the slime at Wastegate bully you to think otherwise. But remember you have to live with what you have done to a fellow human being if you sell. Unlike Wastegate you may actually feel bad after ripping off another person. They have no such qualms.

So you are saying that if we actually do sell our Westgate (Wastegate) and they try to excersise their ROFR it is just a bully tactic and there is a way around it? What should the letter say? Can you be more specific in this topic ie; what dept to send the letters, how to find FLA State Business Practice Office you mentioned? It could really help some people.
Thanks
Kathleen

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

Take strong action

So you are saying that if we actually do sell our Westgate (Wastegate) and they try to excersise their ROFR it is just a bully tactic and there is a way around it? What should the letter say? Can you be more specific in this topic ie; what dept to send the letters, how to find FLA State Business Practice Office you mentioned? It could really help some people.
Thanks
Kathleen

Unless you purchased past 2002 (I'm not sure of the exact year but it was long after 2000) there was nothing in the Disclosure Statement / deeds that mentioned ROFR or any type of "commission" on sales from (it pains me to write this) Westgate. They cannot unilaterally impose changes to those documents after the sale. The documents in force at the time of original purchase (and carried over to any new owner if sold / bought on the resale market) are what determines what the rights for both sides are.

Don't let them say that the "as amended" verbiage often in statements about Rules and Regulations applies to the base rights or deed - they do not. That applies to things that can legally be altered by the Association. Deeded rights CANNOT be altered after the sale.

Any letter you write is in the form of a very simple demand. Example:

"Within 5 business days provide certified copies of the exact sections of the original 19XX (add in the year of original purchase - not any resale date(s)) Disclosure Statement and Purchase agreement or any other document purported to allow for ROFR or any commission required to be paid to the Developer/Westgate Associations/Management. If not produced in 5 business days it can be assumed that no such requirements exist and no demand will be made."

Now you may want better wording but you get the gist. Be sure to send it certified mail AND a certified copy to The Florida Department of Business & Professional Regulation who has power over timeshare companies. They don't take kindly to false claims of rights and will act if WG tries to bully you. In my one dealing with them and a "questionable" developer the mere threat of action made the developer run for cover. They don't want to hear from that group.

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

Westgate TC Orlando - My Timeshare...advice plse

I suggest it is good to timeshare you could get some great accomidations in locations you enjoy vacationing in.
Westgate Lakes Resort and Spa is a lush tropical paradise that sits on picturesque lakefront property just minutes from the Walt Disney World Resort, Universal Orlando and SeaWorld Orlando!
Guests enjoy a luxurious vacation experience from the lavishly appointed villas to the dazzling, lakefront sunsets. Additionally, a wide variety of on-site activities for all ages complements the Orlando theme park experience.


Thanks

Chordcvs