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Old June 23, 2005, 09:11 AM   #1
GuyD770
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Location: MS Gulf Coast
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Question Sample notice of Rescission?

First off, thank any of you who take time to respond. I just joined the board, and it seems very insightful.

I wish to cancel my timeshare agreement that my wife and I signed two days ago. I wish to mail a simple, yet effective, notice to cancel. It is with Fairfield Resorts, if it makes any difference.

Can anyone give me a sample, or template of which to go by? I do know to send it certified of registered mail, which my contract allows.

Once again, thank you with your prompt help in this matter!
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Old June 23, 2005, 10:25 AM   #2
Hoc
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Resorts: Club La Pension, Quarter House, Hotel L'Eau Vive - NOLA, Nob Hill Inn - SF, Allen House - London, Custom House - Boston,
"Pursuant to paragraph ___ of my purchase agreement, I hereby rescind that agreement. Please cancel my purchase and refund all money paid by me in connection with that purchase.

Very Truly Yours,
GuyD770"

Also, read your contract and put in anything else required by the contract.
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Last edited by Hoc; June 23, 2005 at 10:27 AM.
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Old June 24, 2005, 10:49 AM   #3
GuyD770
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Thanks!!

Thaks for your reply! This is what I sent, along with the undersigned signatures of my wife and I. Is this sufficient?
Quote:
We are hereby canceling, or rescinding, our purchase and sale agreement, Contract No: xxxx-xxxxxx, signed June xx, 2005, between us and XXX. We are doing so, in the 10 calendar day period that the agreement was signed.
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Old June 24, 2005, 11:53 AM   #4
Hoc
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Quote:
Originally Posted by GuyD770
Thaks for your reply! This is what I sent, along with the undersigned signatures of my wife and I. Is this sufficient?
It depends on the language of your contract. If your contract doesn't require anything else, and you are within the cancellation period and sent it in the manner required under the contract, then it should be sufficient.
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Old June 24, 2005, 12:17 PM   #5
TravelSFO
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I wanted to mention the obvious (since it may not be so obvious to all). Make sure you send the recission notice via certified mail. You need to be able to prove (get a copy) that you actually mailed the notice if the resort does not receive it or claims to not have received it.
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Old June 24, 2005, 12:35 PM   #6
Llexlon
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Resorts: RCI Points based at Mountainside at Silvercreek
Letter of Rescission

If you do a search online with Google, Yahoo, etc. you can find a copy of the letter used in (I think ) Hawaii. I just copied their form into a word document and edited their form to my liking and sent it certified mail to the proper address listed in the contract. Good luck and congrats on finding this board in time.
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Old June 24, 2005, 05:00 PM   #7
Hoc
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Resorts: Club La Pension, Quarter House, Hotel L'Eau Vive - NOLA, Nob Hill Inn - SF, Allen House - London, Custom House - Boston,
Quote:
Originally Posted by TravelSFO
I wanted to mention the obvious (since it may not be so obvious to all). Make sure you send the recission notice via certified mail.
Sending certified mail is well and good, and should be done on top of any other way of communicating it. But if the contract provides that the notice must be sent via First Class Mail, postage paid, or fax, or some other way, and you only send via certified mail, then your notice of rescission is invalid. So, make sure you read your contract and comply with its terms.
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Old June 24, 2005, 08:28 PM   #8
GuyD770
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Exclamation Thanks!!

Thanks for the replies! Here is what is written on the contract:

Quote:
You may cancel this Agreement without any penalty or obligation within 10 days after the date you sign this Agreement or the date on which you receive the last of all documents required to be given to you persuant to section 721.07(6), Florida Statutes, whichever is later.
If you decide to cancel this Agreement, You must notify Us in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to (Address)....

"Notify" shall mean that a written notice of cancellation is delivered, by any means which may include certified mail return receipt requested, to (Company). Any notice of cancellation shall be considered given on the date postmarked if mailed.

Last edited by GuyD770; June 24, 2005 at 08:31 PM.
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Old April 18, 2006, 12:02 PM   #9
Amy
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Re: Sample notice of Rescission?

Hoc, If both husband and wife signed the purchase agreement, do both need to sign the notice of rescission for the notice to be effective? (Language re right same as that quoted above - Florida law.) I think the answer is yes, erring on the side of caution, but I thought I'd check to see if you know otherwise.
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