10 Steps to Successfully Rescind Timeshare


Steps to successful timeshare rescission

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If you were unfortunate enough to buy timeshare as a result of high pressure sales techniques or misrepresentation of information you do have options. Even though you have signed a legally binding contract there are protections in place for timeshare buyers that change their minds during the “cooling off” period that follows a sale. An unhappy or misdirected timeshare buyer should be able to file for a rescission of timeshare property purchased given that the following 10 steps are followed:

  1. Take time to record the details of the timeshare presentation you attended. Important features to note are: location, time of day, date, names of those present, misrepresentation of facts, and ways/instances you were pressured.
  2. Use the information you recall and have recorded to write a detailed and concise letter specifically asking for the rescission of your timeshare contract. Be sure to make a copy for yourself, your lawyer, your credit card company/bank (depending on method of payment), and the Federal Trade Commission.
  3. State in the letter that you will be contacting the timeshare resort company in two days to confirm receipt and to provide credit card info for a full refund.
  4. Mail copies of your letter to the customer service manager, sales manager, and owner of the resort/organization in question. If you do not have this information readily available you may be able to search their website for it (if they have one ) or you can call the customer service hot line provided with your purchasing information.
  5. Send your rescission request via registered mail with confirmation receipt, by email, and by fax. This assures it will be received by the desired parties.
  6. Call the customer service manager in charge two days after sending out your letter. Do not speak to anyone other than the customer service manager unless they are of a higher position in the resort/organization. Continue to call back until you are able to speak with someone with authority and at this point request a full refund, including your initial deposit.
  7. Remember to keep calm throughout this process. Be persistent, but remain polite – getting worked up or arguing will most likely delay the process.
  8. Try to stay focused on the rescission and avoid a lengthly discussion of how you feel you were wronged. Getting into such a negative discourse will tear your focus from the rescission and refund process and ultimately delay the progress.
  9. A company or resort will want your contract back once a refund and rescission is made final. Make sure to keep a copy of the contract for your records and when the contract is sent back, attach a letter stating that it is being returned on the condition of rescission.
  10. Upon resolution of your rescission, contact the authorities and anyone involved with your visit to the resort presentation.

Unsure if you are still in the timeshare rescission window? Read Timeshare Rescission Laws for Each US State to find out.

112 Responses to “10 Steps to Successfully Rescind Timeshare”

  1. Rose says:

    I broke up with my girlfriend two weeks AFTER we upgraded our DIAMOND RESORTS vacation ownership. The down payment was paid and they wrapped the first contract into the upgrade,so its one contract now. We’ve contacted a few legal firms that specialize in legally cancelling the contract. The first company wants $8K for their services (which is based on our loan amount and maintenance fees). They will assist in credit recovery, because the maintenance fee is past due and now the monthly’s are past due also. Another company I’m receiving a quote from today.

    This contract is the worst financial decision I’ve ever made,and I just want out – not only for my credit, but to get this relationship to a closure. I fully regret this vacation thing.

    Has anyone ACTUALLY contacted legal companies to do this for them?

    • ISAAC says:

      Hi Rosa, I’m in a similar situation. I have a Diamond Resort Ownership as well. I recently got divorced and was left with the ownership. I’m trying to get out of it to. In April 2016, I was at a owners meeting and was asking the Diamond Rep’s about how to get out of the ownership. No one was trying to even hear me all they was interested in was upgrading. I finally ended up calling the loan department and as able to talk to someone and he was a little truthful than any one else. He told me that Diamond dose not have any program that helps with the resale of their timeshare if you still owe. they can only offer directions if it’s paid in full. He also said that “You could try to sell it, on craigslist or eBay. It would be a good thing to write them a letter and explain your circumstances but not in total details. i have been searching for solutions to get rid of mine and the only real thing that’s out there is to write them and advise them that I will not be making anymore payments.

  2. anexowner says:

    contact the Timeshare Advice Bureau

  3. rcilockedinguy says:

    My Ex Girlfriend and I have an (RCI Points) account and would like to get out of it as it is a sour spot (with my current GF) and we use it maybe once every year between us. We have had an account since 2010 I believe and REALLY want to get out of it.

    I believe this year is our renewal thing? What are the best steps to move forward to start this “process” or whatever to get me out of this? I see so many answers, I know all cases are different but any information helps at this rate.

    I’d like to get out ASAP and have a new financial freedom and life from all this.

    Thank You!

  4. peter says:

    My wife and I got a timeshare at welk in San Diego we are passed the cool down period and want out is there anything we can do to get out of this. I don’t care about the money we put down I just want out. Any help would be appreciated thanks.

    • Johnny says:

      Hi Peter,

      You have several options, but they depend on your situation. You could walk away. Just stop paying. But you should only do this if you are unconcerned about affects to your credit. You will take a hit walking away. You could try to sell it, but there is NO COMPANY that can sell your timeshare for you. They have no value. Timeshare resale companies are a total ripoff. Beware. There are companies who claim you can donate your timeshare to a charitable organization. Another scam, I’m afraid. What charitable organization would want a worthless piece of property and assume the ongoing debt associated with it? None. Hiring a lawyer is an options. Your attorney would make the case the the timeshare company used unfair trade practices to get you to sign the contract. But it will cost you a fortune. You are stuck with it unless you have the contract cancelled legally. Do not use a title transfer company. Contact me by email if you need further assistance. Good luck.

      • Bob says:

        I am a paralegal. My wife contracted with RCI 5 years ago. Is there any self-help advice you could give me in rescinding the agreement. I am so wary of lawyers (because I have worked for them).

      • katrina says:

        hi me and my husband want to rescind our RCI that we bought in Las Vegas two weeks ago but the problem is when i read the contract we can only cancel the contract in 5 days. how can we cancel the contract now?? please help us. thank you

      • Fran says:

        Hi Johnny, we are in the same boat as a lot of others here, owe $2600 in MF and want to get rid of timeshare and get it off of our credit. Do you know of any reputable attorneys that can actually do that? I contacted American Consumer Credit and it will cost $2000 but he said there is a year guarantee, but probably 2-4 months, to get it cancelled and off of our credit. I would pay that if they can actually do that because it is less than the fees that we would have to pay to settle that, and it would still be on the credit for 7 years. Are you familiar with them or with a class action suit? It seems that everyone would be interested in a class action suit but I don’t see where one has been started. Thanks, Fran

  5. Susan says:

    I need to rescind the Vip membership that I paid For in full for a week free vacation at the time share I purchased 2 days ago that they said would freeze the rate if I decided to buy within 18 months. I am following advice above because I am not interested now and expect a full refund. Please advise with other advise that might help me. Thanks.

  6. Michael Ochoa says:

    While every case is different. You need to be firm with companies like this. Never once did I let them scare me into paying. They threatened collection agencies and foreclosure. Be aware that I was prepared to file bankruptcy after they would have paid the extra charges to try to collect on this account. They would have not succeeded in getting any money from me. Westgate Resorts knew this by a letter I faxed them.

    This my story…I didnt even finish paying all my down payment before realizing this company is a scam. I didnt have to pay 3500.00 for Finnlawgroup to have Westgate removed me from my obligations. Westgate Resorts removed me on their own, without foreclosure or any harm to my credit. But for this to happen, I believe your full down payment can’t be made. Which in my case it was not.

    Westgate Resorts Vacation Villas. This company promised me a deal that would have matched the Travel Club I had originally agreed to the year prior. Unfortunately, I didn’t have any info on that deal and took the sales representative (Laurent) and his manager (Tracy) word for it. Once I past the right to rescind, I had heard about Westgate scams. I decided to view the contract and compare it to the travel club. I had realized the same thing happened to me. They charged me 5000.00 more for the timeshare and told me lies to get me out of the Travel Club and into the timeshare. I went to the BBB, worked with a Nancy Emara who was no help at all. She doesn’t work with the customer and is more concerned about people signing a contract than trying to find ways that works for both parties. She could have kept a customer if she would have listened to what I was saying… After never completing my down payment and being 5 months past due. I finally received a notice. I was told verbally that since I didn’t complete my down payment my deed was never recorded. So a foreclosure wouldn’t be done. The letter stated I no longer have any contractual obligations and that Westgate would keep any money paid as liquidated damages. Which is fine by me because I didn’t really pay them anything at all. So is it possible for Westgate to let you out of the contract? Yes it is. I have a letter to prove it. I just belive it’s easier to get out of the contract if your down payment isn’t made.

    • Sasha Small says:

      I need your help, I’m going through the same problem but only difference, I paid the down payment.

    • Francis Lussier says:

      We are from Quebec, Canada, we own that timeshare at Wesgate Towncenter sincère 2012. We still have a downpayment to pay. Could you please help us get rid of that burden.
      Thanks

    • Yuyi Lou says:

      I am in the same situation I never finished paying the down payment they left me a threaning voice messages saying the last 4 of my social which by the way I think that’s illegal be leaving personal information on voice mail. I called them for the first time since sept since I signed up and told them I had resign and can’t afford that. Once again I never finished my down payment, but is going to be almost a year and I still haven’t received the letter that they are dropping me for not completieng it.

    • Kelli says:

      My roommate fell into buying in with Westgate in Florida as well; however, somehow, my name got on contracts and deed when I signed nothing. Westgate set me up for a paypal account and a westgate credit card account for the down payment. I have paid nothing on the paypal account, and my roommate has paid about $28 on the westgate credit card account. I have contacted westgate requesting documentation of the contract, and each time I get papers sent to my email or my roommate’s email, there is always some discrepancy on dates, names and initials. I have spoken with a law firm who specializes in timeshare cancellation; however, the flat fee is $3,500 to get out of the contract with no guarantee to get out of the pay pal or westgate credit card. Any advice would be appreciated.

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