Rescission Period With Timeshare Upgrade

One of our users left the following comment on our 10 Steps to Successfully Rescind Timeshare article:

"I have a question and wonder if any of you have done this before.
I am a westgate customer and want out. I have beiong paying for my unit for 4 years, so I have passed the rescission period. everytime I go they over to upgrade me. When I upgrade I will have to sign a new contract, which should void my other correct? If I upgrade then could I use the law of rescission and get out of the contract?
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Westgate Smoky Mountain Experience

The following is a user-submitted story about their experience with Westgate in Gatlinburg, Tennessee:

"My husband and I visited Westgate resort in Gatlinburg about 2 years ago and took the informational tour. Salesperson explained that it wasn't a timeshare, but that we would be investing in property. Of course, we fell for it! About a year ago we started noticing on emails and promotional documents that Westgate was being referenced as timeshare. This shows that we were given false information in order to get us to buy into this scam. I will most definitely be contacting Westgate on Monday."

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Westgate Planet Hollywood Lawsuit

On February 10, 2014, a Federal Court in Las Vegas, Nevada, will hear testimony from Westgate Resort owners seeking justice.

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Fuoroli v. Westgate Planet Hollywood Las Vegas, LLC (link to court docs)

From the official court documents:

Plaintiffs allege that Westgate made the following misrepresentations in the timeshare sales negotiations:

the property would be a pet friendly environment (doc. # 1 at ¶ 21), when in fact it is not (id. at ¶ 22);
daily maid service would be included (id. at ¶ 19), when the purchase included only weekly cleaning (id. at ¶... Read the rest of this entry »