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Urgent! Purchased on March 2nd, and sent rescission letter via email and mail on March 4th and 5th. Can you help check what we did is sufficient?

hyzhang

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Hi Everyone! We had a trip to Orlando Disney and stayed at the Orlando Vistana Villages for a package deal. We chose to listen to the presentation for the 50K Marriott points it would give me, thinking that we wouldn't buy a thing. However, the sales people are just so convincing and they use so many lies and exaggerated facts to lure us into buying. We bought the 25800 package and later found tuggs and wanted to cancel.

We sent the rescission letter through email and mail, because here's the paragraph in an agreement titled "SHERATON FLEX VACATIONS PURCHASE AND SALE AGREEMENT" that they specified to cancel:
"You may cancel this agreement without any penalty or obligation within 10 calendar 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 pursuant to Section 721.07(6), Florida Statues, whichever is later, If you decide to cancel this agreement, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective on the date sent and shall be sent to: Sheraton Vistana Villages at 12401 International Dr., Orlando, Fl. 32821 ; Attention: Sheraton Flex Vacations, LLC c/o New Owner Administration Department or sent by email to MVWNOASVV@vacationclub.com or fax to 407-238-5089 . Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10-day cancellation period, is prohibited."

So the catch here is that we are not sure what the thing after "Attention: ..." means. Is that the address we send it to? But then it's not in the underlined part. It just doesn't make sense and we feel that they are deliberately confusing us. Then at the end of all documents there's another document titled "FLEX VACATIONS OWNERSHIP PLAN RECEIPT FOR TIMESHARE DOCUMENTS AND EXCHANGE COMPANY DOCUMENTS" where there are instructions to cancel:
"You may cancel this contract without any penalty or obligation within ten (10) calendar 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 pursuant to Section 721.07(6), Florida Statues, whichever is later, If you decide to cancel this contract, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective on the date sent and shall be sent to: Sheraton Flex Vacations, LLC c/o New Owner Administration Department, at 9002 San Marco Court, Orlando, Fl 32819. Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your to (ten) day cancellation period, is prohibited."
This paragraph is more or less the same except the address is different now, and there's no underline, and there's no mention of being able to use email or fax to cancel.

We eventually sent the mail to the address in the underline section, which is the address of the resort. We also sent an email to the email address specified, which also looks sketchy since it's just gibberish before the organization name. Here's what we wrote in the letter:
"
Ladies and Gentlemen:

Regarding contract “XX-XX-XXXXX” for purchase of a timeshare at “Sheraton Vistana Villages Orlando” on March 2nd 2024, we are exercising our legal right to cancel this contract. We expect a full refund of our deposit of “$12649”. Do not make any additional charges to our credit card. Please confirm our legal rescission in writing.

Sincerely,

My name,
My wife's name"

Do you think we've done enough? They send no confirmation they they've received the request and I tried convincing myself that I've done enough since the text specifies a mail OR email OR fax option, but as the date closes in we keep second-guessing ourselves. Should I mail another copy of our letter to the address specified in the second cancellation paragraph? Can you guys help look at this and see if we need to do anything else?
 

DRIless

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You're covered, don't die of heartburn while waiting*. Also, if they call to 'sweeten' the deal, JUST SAY NO, like you were planning on the first time.
* don't have proof of mailing?
 

T_R_Oglodyte

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It means that if you mail your rescission notice, the address on your envelope or package should read:

Sheraton Vistana Villages
12401 International Dr.,
Orlando, Fl. 32821
Attention: Sheraton Flex Vacations, LLC c/o New Owner Administration Department
 

TheTimeTraveler

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Hi Everyone! We had a trip to Orlando Disney and stayed at the Orlando Vistana Villages for a package deal. We chose to listen to the presentation for the 50K Marriott points it would give me, thinking that we wouldn't buy a thing. However, the sales people are just so convincing and they use so many lies and exaggerated facts to lure us into buying. We bought the 25800 package and later found tuggs and wanted to cancel.

We sent the rescission letter through email and mail, because here's the paragraph in an agreement titled "SHERATON FLEX VACATIONS PURCHASE AND SALE AGREEMENT" that they specified to cancel:
"You may cancel this agreement without any penalty or obligation within 10 calendar 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 pursuant to Section 721.07(6), Florida Statues, whichever is later, If you decide to cancel this agreement, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective on the date sent and shall be sent to: Sheraton Vistana Villages at 12401 International Dr., Orlando, Fl. 32821 ; Attention: Sheraton Flex Vacations, LLC c/o New Owner Administration Department or sent by email to MVWNOASVV@vacationclub.com or fax to 407-238-5089 . Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10-day cancellation period, is prohibited."

So the catch here is that we are not sure what the thing after "Attention: ..." means. Is that the address we send it to? But then it's not in the underlined part. It just doesn't make sense and we feel that they are deliberately confusing us. Then at the end of all documents there's another document titled "FLEX VACATIONS OWNERSHIP PLAN RECEIPT FOR TIMESHARE DOCUMENTS AND EXCHANGE COMPANY DOCUMENTS" where there are instructions to cancel:
"You may cancel this contract without any penalty or obligation within ten (10) calendar 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 pursuant to Section 721.07(6), Florida Statues, whichever is later, If you decide to cancel this contract, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective on the date sent and shall be sent to: Sheraton Flex Vacations, LLC c/o New Owner Administration Department, at 9002 San Marco Court, Orlando, Fl 32819. Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your to (ten) day cancellation period, is prohibited."
This paragraph is more or less the same except the address is different now, and there's no underline, and there's no mention of being able to use email or fax to cancel.

We eventually sent the mail to the address in the underline section, which is the address of the resort. We also sent an email to the email address specified, which also looks sketchy since it's just gibberish before the organization name. Here's what we wrote in the letter:
"
Ladies and Gentlemen:

Regarding contract “XX-XX-XXXXX” for purchase of a timeshare at “Sheraton Vistana Villages Orlando” on March 2nd 2024, we are exercising our legal right to cancel this contract. We expect a full refund of our deposit of “$12649”. Do not make any additional charges to our credit card. Please confirm our legal rescission in writing.

Sincerely,

My name,
My wife's name"

Do you think we've done enough? They send no confirmation they they've received the request and I tried convincing myself that I've done enough since the text specifies a mail OR email OR fax option, but as the date closes in we keep second-guessing ourselves. Should I mail another copy of our letter to the address specified in the second cancellation paragraph? Can you guys help look at this and see if we need to do anything else?



Hopefully you went to the Post Office and mailed it CERTIFIED MAIL and retained a Postmarked copy of your Postal receipt. If you did this you will be fine.

They do not have to acknowledge receipt, but they do have to act on it by law. Allow up to 45 days.





.
 

hyzhang

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You're covered, don't die of heartburn while waiting*. Also, if they call to 'sweeten' the deal, JUST SAY NO, like you were planning on the first time.
* don't have proof of mailing?
I did a certified mail through usps.
 

sue1947

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They send no confirmation they they've received the request
They aren't required to confirm, but they are required to do the cancellation. It's a reputable company in the timeshare world so take a deep breath and relax; you've got this. The refund of the deposit sometimes takes several weeks to a month (40 days rings a bell) so watch the credit card statement.
For others reading who are in a similar situation: Sending a rescission via certified mail provides proof of that date of mailing. It probably won't be needed, but it's good to have just in case.
 

hyzhang

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It means that if you mail your rescission notice, the address on your envelope or package should read:
Dang it. I didn't have the "Attention..." line on there. Should I send another one? I already sent via email tho
 

hyzhang

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And the Attention line is too long to be included in the address anyways...
 

DRIless

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Dang it. I didn't have the "Attention..." line on there. Should I send another one? I already sent via email tho
relax
 

sue1947

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Dang it. I didn't have the "Attention..." line on there. Should I send another one? I already sent via email tho
With the certified letter, you have everything you need.
There is absolutely no need to send another one, unless it will make you feel better. Your stress level seems pretty high so if a trip to the post office will eliminate that last bit of worry, why not?
 

hyzhang

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With the certified letter, you have everything you need.
There is absolutely no need to send another one, unless it will make you feel better. Your stress level seems pretty high so if a trip to the post office will eliminate that last bit of worry, why not?
Thanks for the reassurance! I will go again and send to the other address, just to sleep better.
 

ScoopKona

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Hi Everyone! We had a trip to Orlando Disney and stayed at the Orlando Vistana Villages for a package deal. We chose to listen to the presentation for the 50K Marriott points it would give me, thinking that we wouldn't buy a thing. However, the sales people are just so convincing

Hopefully you have learned the moral of this story -- the "free" crap isn't free and it isn't worth it. How much has this "free" stay cost you in time and aggravation? And you're one of the lucky ones. Many don't learn this until they're past the rescission window.

For anyone else reading this, in a similar situation: 1) Make copies of the rescission paperwork; 2) Follow the cancellation instructions to the letter. (There are detailed instructions. Find them in your paperwork and follow them.) 3) Send it not just certified but also pay the extra two bucks for return receipt. Now you have physical proof the timeshare company received your cancellation letter.
 

Hindsite

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Thanks for the reassurance!
Treat yourself to TUG membership as you got good advice from here.
Then, when you are fully rested, you can spend 6 months reading up and working out what, if any, timeshare suits your needs. In the interim, you can pick up some great bargain rentals via fellow TUG members to get you exploring the different locations.
 

hyzhang

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Hopefully you have learned the moral of this story -- the "free" crap isn't free and it isn't worth it. How much has this "free" stay cost you in time and aggravation? And you're one of the lucky ones. Many don't learn this until they're past the rescission window.

For anyone else reading this, in a similar situation: 1) Make copies of the rescission paperwork; 2) Follow the cancellation instructions to the letter. (There are detailed instructions. Find them in your paperwork and follow them.) 3) Send it not just certified but also pay the extra two bucks for return receipt. Now you have physical proof the timeshare company received your cancellation letter.
Lesson learned. It feels like I’m earning my own money back
 

elaine

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I’d be overly cautious and also send one to the email with that “attention” in the heading if you did not preciously and cc yourself to a date stamp on it as you are still within 10 days. That email is the address they requested, so it’s legit. And resending letter to other address, Certified, will have you 100+% covered. Good job!
 
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TUGBrian

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grats on saving nearly 13k!
 

DRIless

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rickandcindy23

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Confirmed that they returned the money back to me two days ago!!! Thanks to everyone on this forum!
Timeshare is great. Buy something in platinum season with a hotel-brand (not Wyndham) and you will be happy with your purchase.
 
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