Timeshare Users Group Forums
TUG Links external to TUG BBS:    TUG Home| TUG Resort Databases| Marketplace | TUG Help | Advice | Join TUG  

Timeshare Users Group Bulletin Board
Go Back   Timeshare Users Group Forums > Timesharing > Buying, Selling, Renting
Log into the TUG BBS:

Buying, Selling, Renting Discuss all aspects of buying, selling and renting timeshares here. No advertising allowed!

GLOBAL ANNOUNCEMENTS
TUG Turns 20 Years Old! Read More

Free Timeshare Exchanges on TUG! View current exchanges!

Free TUG Newsletter! Sign up today!

TUG Banner Travels the World! Follow the Banner!

 
Forum Jump


Reply « Previous Thread | Next Thread »
 
Thread Tools Search this Thread Display Modes
Old July 28, 2006, 11:07 AM   #1
spiceycat
 
spiceycat's Avatar
TUG Member
 
BBS Reg. Date: Jun 8, 05
Location: b'ham, Al
Posts: 895

Resorts: DVC-BLT, VWL and BWV in WDW; Landmark Holiday Beach in PCB, FL;
Westgate is trying to buy back my timeshare

My contract with them does not have their ROFR.

(my disney contract does so I know what I am looking for)

they have told me that it doesn't matter that is not in my contract, they can still do it.

I think this is illegal - who do I complaint too?

so they say if I didn't allow them to buy it back -they would refuse to change the name.

which I think is also illegal.

will the florida attorney general help me? or is there someone else?

thanks for any help!
spiceycat is offline   Reply With Quote
Old July 28, 2006, 12:00 PM   #2
timeos2
 
timeos2's Avatar
TUG Lifetime Member
 
BBS Reg. Date: Apr 11, 05
Location: Rochester, NY
Posts: 11,183

Resorts: Now Cypress Pointe w/Diamond Club,Cove@Yarmouth Former: RCI Points Rayburn Country, DVC/Wyndham - Wastegate gone gone!
Re: Westgate is trying to buy back my timeshare

They depend on your inability to contact the right people to make their scam work. if there wasn't a ROFR in your written documentation they cannot retroactively put one in.

You need to contact the DBMR -

https://www.myfloridalicense.com/Default.asp

and file a complaint. That group enforces the extremely owner friendly FL timeshare rules and regs. They will get the attention of King Davids minions when you & I can't.

Good luck and make them sweat. It couldn't happen to a more corrupt group of slime.
__________________
John Chase

ADOPT A TIMESHARE!
BUY RESALE!

Proudly Microsoft & Apple free with WebOS, Droid Samsung S4 & Verizon Wireless - DW w/Chromebook

timeos2 is offline   Reply With Quote
Old July 28, 2006, 02:41 PM   #3
spiceycat
 
spiceycat's Avatar
TUG Member
 
BBS Reg. Date: Jun 8, 05
Location: b'ham, Al
Posts: 895

Resorts: DVC-BLT, VWL and BWV in WDW; Landmark Holiday Beach in PCB, FL;
Re: Westgate is trying to buy back my timeshare

John you are wonderful!!!!
spiceycat is offline   Reply With Quote
Old July 28, 2006, 03:13 PM   #4
Hoc
TUG Lifetime Member
 
BBS Reg. Date: Jun 7, 05
Location: Orange County, CA
Posts: 2,549

Resorts: Club La Pension, Quarter House, Hotel L'Eau Vive - NOLA, Nob Hill Inn - SF, Allen House - London, Custom House - Boston,
Re: Westgate is trying to buy back my timeshare

Be careful. It might be in the Declaration of Timeshare (the "CC&Rs") on the property, and your paperwork might say that it is subject to that Declaration of Timeshare. If that is the case, then they might be right.
__________________
Those are my principles. And, if you don't like them, well, I have others.
Hoc is offline   Reply With Quote
Old July 28, 2006, 03:20 PM   #5
timeos2
 
timeos2's Avatar
TUG Lifetime Member
 
BBS Reg. Date: Apr 11, 05
Location: Rochester, NY
Posts: 11,183

Resorts: Now Cypress Pointe w/Diamond Club,Cove@Yarmouth Former: RCI Points Rayburn Country, DVC/Wyndham - Wastegate gone gone!
Re: Westgate is trying to buy back my timeshare

Quote:
Originally Posted by Hoc
Be careful. It might be in the Declaration of Timeshare (the "CC&Rs") on the property, and your paperwork might say that it is subject to that Declaration of Timeshare. If that is the case, then they might be right.
A very important item to note is that basic articles in the declaration cannot be overridden by changes after the date of purchase. If ROFR is considered to be a critical issue of sale changes made only apply to new buyers and cannot be retroactive to previous owners. As an unfortunate owner of Westgate since the 90's I can say with certainty that there was no ROFR in the original documents filed. It was added close to a decade later so sales after that point of time would have accepted it as part of the sales contract. Others have tried to slip it in later and it doesn't fly.
__________________
John Chase

ADOPT A TIMESHARE!
BUY RESALE!

Proudly Microsoft & Apple free with WebOS, Droid Samsung S4 & Verizon Wireless - DW w/Chromebook

timeos2 is offline   Reply With Quote
Old July 28, 2006, 06:20 PM   #6
potchak
 
potchak's Avatar
TUG Member
 
BBS Reg. Date: May 30, 06
Location: Durham, NC
Posts: 1,185

Resorts: Marriott Waiohai (Even) Marriott Timberlodge (Odd) Manor club (EY) MSE (EY) DVC AKV (300pts), VWL (250pts)
Re: Westgate is trying to buy back my timeshare

No offense, but what is the difference? If you agreed to a price, they are going to give you that price, why does it matter who the buyer is?
__________________
Thanks!
Michelle AKA Shorty

Upcoming trips
MGC- April 19-26
Aulani- April 29-May 6
MMO- May 6-9
Italy Tour- May 23-June 6
DVC- Jun 29-July2
Marriott Oceanwatch- Sept 20-27
potchak is offline   Reply With Quote
Old July 28, 2006, 06:42 PM   #7
DrQ
Guest
 
BBS Reg. Date: Jun 13, 05
Location: DFW
Posts: 61
Re: Westgate is trying to buy back my timeshare

Quote:
Originally Posted by potchak
No offense, but what is the difference? If you agreed to a price, they are going to give you that price, why does it matter who the buyer is?
If Westgate were a buyer in good faith, it would not be a problem. Unfortunately, other people have had the experience of them interfering with the sale long enough to get the original buyer to go away and then say that they don't wish to execute the ROFR.
DrQ is offline   Reply With Quote
Old July 28, 2006, 07:13 PM   #8
potchak
 
potchak's Avatar
TUG Member
 
BBS Reg. Date: May 30, 06
Location: Durham, NC
Posts: 1,185

Resorts: Marriott Waiohai (Even) Marriott Timberlodge (Odd) Manor club (EY) MSE (EY) DVC AKV (300pts), VWL (250pts)
Re: Westgate is trying to buy back my timeshare

Ah, now I understand. I was under the impression if they give you the price you were asking, I wouldn't care who my buyer was.
__________________
Thanks!
Michelle AKA Shorty

Upcoming trips
MGC- April 19-26
Aulani- April 29-May 6
MMO- May 6-9
Italy Tour- May 23-June 6
DVC- Jun 29-July2
Marriott Oceanwatch- Sept 20-27
potchak is offline   Reply With Quote
Old July 28, 2006, 07:42 PM   #9
e.bram
Guest
 
BBS Reg. Date: Jun 6, 05
Location: Fort Lee, NJ
Posts: 2,650

Resorts: Surfside resort(MA) 3 weeks OceanCliff I&2 (RI) Newport Overlook(RI) 2weeks
Re: Westgate is trying to buy back my timeshare

To get around the ROFR set the price very high and kick back the difference in cash at the closing. Your probably selling at a loss even at the high price, so no tax consequence is generated.
e.bram is offline   Reply With Quote
Reply
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 03:07 PM.


Powered by: vBulletin Version 3.8.7
BBS Software Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Editorial Content Copyright ©1993 - 2014, Timeshare Users Group
Customized for TUG by Makai Guy.