Westgate ROFR question

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

Hi Friends.
Well I have had my Westgate posted on Redweek.com and I have an interested party. The problem is he is nervous about submitting an actual P&S due to the ROFR issue. He purchased a resale in the past and really likes it and wants another but does not want the hassle of this ROFR issue. What can I do to prevent Westgate from exercising this? I know it is in the deed. Do I have any rights here?
Kathleen

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

Never buy a resort that has ROFR

Hi Friends.
Well I have had my Westgate posted on Redweek.com and I have an interested party. The problem is he is nervous about submitting an actual P&S due to the ROFR issue. He purchased a resale in the past and really likes it and wants another but does not want the hassle of this ROFR issue. What can I do to prevent Westgate from exercising this? I know it is in the deed. Do I have any rights here?
Kathleen

You know it's in the deed? This is a post 2002 original sale? If it's in there then you as the original buyer accepted it and the sale will have to pass. You should never buy a resort that has ROFR in the POS.

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

You know it's in the deed? This is a post 2002 original sale? If it's in there then you as the original buyer accepted it and the sale will have to pass. You should never buy a resort that has ROFR in the POS.

I learned about it a couple years AFTER we purchased. They never told us about it during the sale and we looked over the docs and it's still hard to find.
Yes we purchased after 2002. It was our first timeshare purchase. We didn't know nor do I need to have a Daddy type person reprimanding me right now. What I need is someone who has/ had experience getting around it - thank you very much.

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

You could play as dirty as Wastegate but you could be caught

I learned about it a couple years AFTER we purchased. They never told us about it during the sale and we looked over the docs and it's still hard to find.
Yes we purchased after 2002. It was our first timeshare purchase. We didn't know nor do I need to have a Daddy type person reprimanding me right now. What I need is someone who has/ had experience getting around it - thank you very much.

Unfortunately if its in there you can't. You could attempt an end run through deception and other (illegal) moves - which would be fair play when Wastegate is involved - but you'd still have to play the ROFR game. Sorry, you are stuck. Good luck.

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

Unfortunately if its in there you can't. You could attempt an end run through deception and other (illegal) moves - which would be fair play when Wastegate is involved - but you'd still have to play the ROFR game. Sorry, you are stuck. Good luck.

Found this from an old thread about a "Wastegate issue" I remembered asking someone about this in the past and low and behold it was you!
Here is the Q&A:

But what I guess what will happen is when the buyer submits a P&S, I'll submit it to "Wastegate" they will either exercise ROFR or not, either way I sell. Win, win for me....what do I care????

Take strong action

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Quote:
Originally Posted by kbletzer
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.

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

Westgate does exercise ROFR

Over the past 4 years we “won” 3 times on Ebay and Bidshares: Westgate 2Bed, 2bath with Loft (Sleep 10) annual summer weeks (Event and All Season weeks).

All three times Westgate exercised its ROFR and we got refunds of all monies sent for closing and escrow.