How To Rescind - The Berkley Group & The Grandview

[tolits257 Junior Member Find all posts View Profile Close tolits257]

I admire your determination to rescind, but you may have inadvertantly provided them with a loophole. I doubt that they will fight you since you have made it very clear to them that you intend to do whatever necessary to rescind, but the law does not say you can use UPS, FedEX, or email to rescind. It is always best to follow the instructions exactly; in this case, the rescission should have been sent by certified mail. It is also a good idea to get a receipt.

Nevada

If a prospect does buy, he must sign a receipt for the Property Report or Public Offering Statement which has a warning that says, "CONSUMER SHOULD READ THIS REPORT BEFORE SIGNING ANY PAPER." Even after signing the contract, the buyer is given 5 calendar days to rescind the contract. No reason is needed to rescind, but it must be done in writing with proper notification (certified mail, personal delivery, or telegraph).

NEVADA REVISED STATUTE 119A.410 RIGHT TO CANCEL CONTRACT OF SALE.
1. The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.
2. The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.
3. The notice of cancellation may be delivered personally to the developer or sent by certified mail or telegram to the business address of the developer.
4. The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.
(Added to NRS by 1983, 982; A 1985, 1141; 1987, 894; 2003, 984)

NEVADA RULE 26. COMPUTATION AND EXTENSION OF TIME
(a) Computation of Time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or a nonjudicial day, in which event the period extends until the end of the next day which is not a Saturday, Sunday or a nonjudicial day. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and nonjudicial days shall be excluded in the computation.

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Thanks for the info Rod. Obviously, the law will not definitely mention any postal service company. Certified mail is a special service mail offered by both UPS and FedEx. As long as there is proof of mailing and delivery with official receipt, its considered as certified mail. In addition, a copy of recipient's signature is provided at the time of delivery. Certified mail is only available for priority mail. Each piece of certified mail is assigned a unique tracking number. This number serves as both an official record of mailing and receipt of the item by the Postal Service. I'm sure we had all that information.

I also made a letter to Grandview in Vegas since they are the sales agent, emailed and faxed it to their office at the same time. I felt its a wise way to alert and inform them as well that i rescind my contract, just to be safe. The more info the better.
Anyhow, the revocation form only indicates to send it only to their Eldorado office in Florida.

Another thing what i think it will be helpful in getting back our downpayment is to contact our credit card company. This was considered as fraud transaction anyway.
Hopefully, it will be an additional help in the process.

[zgreg9 Member Find all posts View Profile Close zgreg9]

Wow only 5 days in Nevada?

In Florida it's 10 days.

I don't think 5 days is enough, it takes that long to read the prospectus.

They have a powerful timeshare lobby group in Nevada obviously.

It would be good idea at least for members of TS4MS living in Nevada to write to state Consumer Protection department and even state DA to extend revocation period from 5 days to 10 days to be in line with other states selling timeshares like Florida.

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

[QUOTE=tolits257;357165]We sign the contract on Nov.13 and the revocation was succesfully delivered to Eldorado Devt Corp i Florida on Nov.18. As per Nevada States law: The purchaser of a timeshare may cancel, by wriiten notice, the contract of sale until midnight of the 5th calendar day following the date of excution of the contract. (As provided under Nevada Revised Statutes 119A.410).
QUOTE]

We also signed our contract at the Grandview on Nov. 13th. There is an addendum for Texas residents that gives us 6 days instead of the 5 days. We sent our recision to the Eldorado Resort place in Ft. Lauderdale on the 18th but they state in their material that the recision must be SENT by the 5th (6th in our case) day. So you should be plenty safe. I have been emailing and calling people and no one wants to talk to me. The lady that did our contracts at the Grandview has responded to my emails but she is very snappy about it. The receptionist at the Grandview looked up our account and said that it showed that we were cancelling but they were waiting to hear from "corporate" about whether they got the recision. I have the UPS tracking information and signature to show that they did get it! I finally got an address to send the material back to as well but of course they failed to tell me who to address the materials to at that address. I just got the street address and it is a Las Vegas address. I cannot locate anything online to show who that address even belongs to. So I'm not sure if it is Grandview Resorts or Vacation Village Resorts or some other third part or something. It is very frustrating. My credit card company said that I have nothing to worry about though as long as I keep track of everything they will dispute the charge and any future charges that they place on my card.

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

Taken care of...

Believe it or not I just got a credit back to my account from Eldorado Resorts and it was only 10 days after they received my recision. I was pretty impressed. Of course, I was very aggressive when I sent emails, letters, and messages for them so I imagine that helped! What a relief to have that taken care of! I hope everyone else finds the suggestions on this forum as good as I did!

[bigfrank Administrator Find all posts View Profile Close bigfrank]

Believe it or not I just got a credit back to my account from Eldorado Resorts and it was only 10 days after they received my recision. I was pretty impressed. Of course, I was very aggressive when I sent emails, letters, and messages for them so I imagine that helped! What a relief to have that taken care of! I hope everyone else finds the suggestions on this forum as good as I did!

Good for you , you were one of the lucky ones

[40hero Junior Member Find all posts View Profile Close 40hero]

I don't think its a good idea to cancel the credit card. Really all you have to do is exercise the option of sending a telegram to cancel (it's in the contract) and let the telegram company do the dirty work for you. Yes, telegrams are still around. This is the approach I took; took all of 15 minutes and it was over and done with. Patriot Resorts issued a refund 9 days later. Cost me a grand total of just under $70 including the extra confirmation paperwork that I ordered with proof of delivery.
You can do the whole thing online (The International Telegram Service® - Send telegrams anywhere, click USA then "canceling a contract" at the bottom) or by calling 800-995-1844.
I can't tell you how much headache this saved me.

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

confused

Hi there, I think this may be the wrong thread but it's all so confusing. I live in the UK and purchased a week at eldorado reorts in Las vegas about 3 years ago. We didn't understand it and thought it would come in useful for a holiday so we paid the money and saved our weeks. When I went to use them I was told all they had available was a campsite and some of my weeks hadn't been saved.
We had been told we had to sign their loan paperwork there and then and we could change it to a lower interest rate when we got home. Everything they said was a lie and a £6,000 timeshare will end up costing us nearer £30,000. we tried all we could think of to sort it out but we finally just cancelled the payments.
I know this is probably the worst thing we could have done but I wondered if anyone knows what will I should be expecting to happen now. There were lots of phone calls ending in some snotty women getting annoyed with me and hanging up. (she was english not American) We did this on the advice of one of the people at the end of the phone who said the rule are different over in the US and we can't be chased for the money over here but this seems doubtful. I'm just witing for the bailiff to come knocking at my door.
Does anyone have any information that could help me.

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

Hi

New to this forum and I can say - we did the same mistake. Reasons were, that I had no clue about the system (sounds great in the beginning) AND I saw the money as an investment without loss.

But this is not true. Our sales person said several times that people are "waiting 8 month to get into Las Vegas", which meant to me there is more demand than supply and prices will rise. Our deal was 1week/1bed + 2 RCI weeks for ~13.000USD

When I arrived back home I did some research and this opened my eyes
I revoked the deal yesterday via cert. mail and within 4 days.

Here is were I need some help - just to be sure I also want to send a fax, but I can not find the number for The Berkley Group nor for Eldorado Development Corp in Florida. Help would be greatly appreciated !!!

Thanks

[40hero Junior Member Find all posts View Profile Close 40hero]

They're not going to accept a fax so it's pointless. That's why they always say certified letter or telegram, I would think they want a third party time stamped on it (like a postmark), not the time stamp off you own fax machine which you could set to whatever you want.

[kaur75 Junior Member Find all posts View Profile Close kaur75]

Back home and received our down payment back on our credit card

Hi,

I wanted to thank everyone on the forum as we used the information to learn more about the decision we made to buy a timeshare in Vegas. ln a few short hours after returning to the hotel (after of course enjoying the free show and dinner), we learned we had made a huge mistake. We may eventually buy a timeshare, but want to do so on our own terms and of course being allowed to do some research which everyone should do with such a major purchase.

I just wanted to highlight what we did (since we had to piece together all of the details of what to do from the many posts and didn't do all that was recommended).

In our package, there had been a form to fill out if we wanted to cancel (when we had signed up, we asked to see this form, and were rudely asked 'how do you know about this form?' And ' why do you want to see the form'. Good thing we did have this form in our package (everyone should have one). So we signed the form, made copies and then found a post office and sent the form by certifed / registered mail to the address on the form (the Florida address). We looked into the telegraph ($70) and in person (Florida, really?!) Impressed by the person who actually did go there! But we just sent the form by certified mail. ($10)

Then I had read a post that said we had to return all of the materials. I did not want to send the huge package back to Florida in case it got damaged. So we drove back to the resort in Vegas and dropped off the form in person. Of course they had many victims there the next day, so they quietly took the package back (but told us it was supposed to go back to Florida) and they signed a sheet that said they had received it. We also left them a copy of what we had sent to Florida and made them sign a copy of the form we sent to Florida as proof they had seen it.

We finished the rest of our vacation and flew home and worried what would happen. But luckily 14 days later, we received our money back. Just remember, you need to act quickly!

Thanks again to everyone!

[89MustangGX Junior Member Find all posts View Profile Close 89MustangGX]

Great thread -- thanks for posting stories and info.

[Florida62 Junior Member Find all posts View Profile Close Florida62]

i am in the midst of processing a revocation/recsission.

Here's what i've done so far and all the contact info i've gathered by making hundreds of calls and trolling the internet. You may find this helpful if you are one of the many who have been scammed, pressured or oversold on the grandview resorts in las vegas, vacation village, rci or el dorado resorts corp. Since it took me so long to gather all this information i hope to make it more accessible for others in the same situation.

Addresses:
The berkley group
3015 north ocean blvd
suite #121
ft. Lauderdale florida 33308
(the berkley group is the parent company - they do business under 60+ different names)
other dba/aliases/names can be found at this link here: 3015 n ocean blvd ste 121 fort lauderdale, fl 33308

el dorado resorts corp
3015 north ocean blvd suite #121
fort lauderdale, florida 33308

vacation village
16461 racquet club road
westin, florida 33326

the grandview resorts
9175 las vegas blvd
suite #110
las vegas, nv 89123

phone numbers:

Florida
954-563-2444 this is the berkly group main voicemail
954-217-9570 this is owner services @ daily management resorts
954-217-9490 this is the main number of vacation village
954-217-9490 this is an alternative number for vacation village
954-384-9445 this is the i.t./communications dept - or switchboard/operator
954-561-4007 this is the resort accounting services department
800-454-4771 this is the mortgage department main line (a maze to navigate)
954-561-5711 this is the mortgage department general voicemail

425-355-3191 this is another way to access the mortgage dept (specifically dealing with grandview resort mortgages)

las vegas
702-212-9802 this is the main office of the grandview resorts
702-407-7524 this is the general fax line of the grandview resorts
702-966-4700 this is the owner's association for the grandview resorts
702-212-9802 x 215 this is the cancellations department

emails
vegasvlo@vacationvillageresorts.com - vacation village resorts general email
vacvillages@dailymanagementresorts.com - daily management resorts general email
grandview@dailymanagementresorts.com - the grandview resorts general email
ifetime@dailymanagementresorts.com - lifetime of vacations general email

steps taken to comple revocation form

1st
deauthorize payment!
Called my bank (attached to the card they imprinted)and placed a stop payment on the amount and company authorized in the contract for the downpayment. This will save you a huge hassle over negotiating your refund. Do this right away!

2nd
send out the papers!
Within 24 hours of the signing of the original contract i went to the notary and had two copies of the revocation form signed, notarized and sent out (by the same person) fedex priority overnight certified/receipt requested mail. These were sent to the el dorado resort address as outlined in my contract and the grandview resorts where the contract was signed (to leave more of a paper trail) i went onto the fedex site and had them email me copies of the signatures upon arrival as well as receipt of delivery. I kept and copied all the receipt information. I than emailed a copy of the revocation form signed, a letter requesting a revocation and the fedex tracking numbers to all the emails listed above. Than i called and left messages on every voicemail i could letting them know about the revocation, the tracking number, and the fact i would be calling about the delivery the very next day. I kept detailed track of who/when and what number i called, who if anybody i spoke with and what was said. (i"m a journalist, it's what i do )

3rd
follow up!
I called the next morning to verify the delivery with the main parties involved, mainly the cancellation department (las vegas) and the mortgage department(florida). Because i had done my research in advance i was able to press my representative in florida to tell me that i must return the materials i received from the grandview salesmen or i was going to be charged. She told me it would take 20 days to process, but i insisted it be done now. She was surprised to hear that the las vegas location already had a certified notarized copy of the revocation in hand - so no delaying tactics about faxing over a copy in 3-5 days. I also followed up the the las vegas location making sure my revocation form was received, my contract canceled, my payments deauthorized and to garner a confirmation code on that.

4th
send the materials back!
My representative from the mortgage department specified where i should sent them - in this case el dorado resorts location in florida - so i did. Than i emailed the tracking information as well as calling and leaving the information on various voicemail recordings. I included a copy of a signed letter saying i was returning the materials per her request to satisfy the condidtion of revocation. I also included a copy of the email i originally sent detailing the original revocation/tracking number, ect. And because it's me i also went the extra mile and took a camera video of me packing up the materials, putting in the letters and such and shipping it through fedex 2nd day express. (journalist, remember )

5th
write a statement
my husband and i took down statements about our experience, noting all the inaccuracies presented to us that did not hold up on further research. Some of this was in writing, though most of it was verbal, so we wanted to make sure to get down the info right away before the details became blurry.

6th
paper trail paper trail!
I sent a copy of my revocation, my contract and all the steps, information, people i spoke with copies of receipts - generally anything to do with this issue to the fraud department at my credit card company. This covers me and helps them to investigate this fraud further. It also helps in case your stop payment was filed to late - they can "claw" back your funds and negotiate directly with the mortgage department. They will also cover any fees associated with your claim until the manner is resolved.

7th
cancel travel/exchange club membership
verify with rci or other timeshare exchange company that you have not been set up with an account. It may be too soon for them to have the information processed, so you may need to call 6-8 weeks latter to ensure that no account has been set up using your information and name.

Finally,

1. Realize that its worth the hassle and short term expense to save yourself a lot of expense and hassle in the long run. I stopped agonizing over every cost, despite my penny pinching ways. Its worth it, i can't stress it enough. Send it express, get it notarized, cover yourself at every opportunity. The more recorded paper trail the better for you, should you ever have to take it to a legal entity.

2. Don't beat yourself up about making a mistake. Your not the first, nor the last to be pushed or talked into a bad decision. There are many sites like this one that can help you dispel some of the anger or frustration of dealing with this. Take a deep breath and chalk it up to life experience. You're not going to be jumping into any other spur of the moment buys after this!

3. Don't throw the baby out with the bathwater. Timeshares are not generally a bad thing altogether, however being pushed or bullied into signing a contract without doing the research is. After this is all over take the time to evaluate timeshares and your lifestyle, if its good fit - buy resale. Realize that very few timeshares ever make a profit.. You do this because it fits your lifestyle and because it may offer opportunities you would not have access to otherwise. Be smart, take the time to do the research so you'll make a good decision.


Good luck!

the berkley group now has another class action lawsuit in south florida.
Vacation village at weston, fl
morgan and morgan lawyers

[40hero Junior Member Find all posts View Profile Close 40hero]

Wow - thanks for the hard work on getting this info! I'd agree with your steps EXCEPT step 1. Stopping payment puts you afoul of the contract. The company could put a negative strike on your credit report AND/OR sue you, and your cancelation could even be jeapordized because you broke the contract. You have to play by their rules - being careful and very diligent but not doing something that put be a real legal blunder.

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

Soved

Hi all

I also want to thank the forum members for sharing their knowledge and thoughts about this.

My girlfriend and I got the money back - without any problems. I sent a certified mail to both addresses (in Florida and in Nevada) and I got my money back within 15 days.

Just to be sure you send the mail IN TIME!! It does not matter where you come from and how long the mail takes to US, the date the letter is brought to the post office counts.

A hint for people from the EU - tell them you want to add the EU (or your home country) as place of jurisdiction - this is possible and highly recommended because EU's laws are much better for consumers than anywhere else.
And I am pretty sure a company like Berkley Group is not interested in signing that - so, this could be a good reason to let you go without contract

BR
J

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

Please help !

Hello,

We are here in the uS on holidays and wanted to expend 2 days in Vegas. We were trapped in Grandview and just realised our mistake. I have read all your posts and juts have one question. Can we just write the letter and send it with UPS or telegraaf,.. or does it need to be a notarised letter ?

Thanks in advanced !!

David