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Rescind - Blue Green - Big Cedar Branson

BJR5420

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First of all - I am so thankful for finding this forum.
Now ---- We got totally sucked into the Blue Green presintation at the Wilderness Club at Big Cedar in Hollister Mo. There presintation hit may hot buttons and it could be possible they put something in the coffee that made me loose total control (just kidding on drugging me). Anyway we signed up on Saturday, tried to rationalize that it was a decent deal all day Sunday but by the end of the day, after finding info on this site, determined that rescinding was our only option. We sent the resindtion letter (USPS Certifed w\signiture) on Monday, well with in the 5 day rescintion window. The letter was signed for recieved that Thursday. It's now been 6 calendar or 4 working days and we have not heard a word. All the research I did lead me to believe it was bad to call them - but I am getting antsy. Any coaching would be appreciated.
 

theo

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Keep in mind that there is no obligation to contact you or to confirm your rescission (cancellation). If submitted on time and as instructed, the law requires that a timely and properly submitted rescission be processed and 100% of the deposit refunded within 45 days. No more, no less.
Do not call them --- no possible good can come of that conversation.
 

DeniseM

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If you call them, you are not likely to even reach the person who is handling the rescission, and if you speak to sales, they may mislead you. Sales does not handle cancellations - it is a completely separate department.

We have had buyers tell us that they called, and got talked out of rescinding, or were lied to, so they thought they couldn't rescind, or were told all kind of crazy lies. We told them not to call - but they did anyway.

You cannot accomplish anything by calling. Nothing said over the phone has any legal standing. The only thing that does is rescinding in writing - and you already did that.

DON'T CALL!!!
 

BJR5420

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Keep in mind that there is no obligation to contact you or to confirm your rescission (cancellation). If submitted on time and as instructed, the law requires that a timely and properly submitted rescission be processed and 100% of the deposit refunded within 45 days. No more, no less.
Do not call them --- no possible good can come of that conversation.

Thanks - We will calm down and let the process work. Won't do anything for 45 days.
 

BJR5420

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If you call them, you are not likely to even reach the person who is handling the rescission, and if you speak to sales, they may mislead you. Sales does not handle cancellations - it is a completely separate department.

We have had buyers tell us that they called, and got talked out of rescinding, or were lied to, so they thought they couldn't rescind, or were told all kind of crazy lies. We told them not to call - but they did anyway.

You cannot accomplish anything by calling. Nothing said over the phone has any legal standing. The only thing that does is rescinding in writing - and you already did that.

DON'T CALL!!!

Thanks for the info - won't call !!!!!
 

LannyPC

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Thanks for the info - won't call !!!!!

And conversely, if you get a phone call and the phone number seems unfamiliar, think twice about answering. It could possibly be the sales people calling you begging you to change your mind about the rescission.
 

BJR5420

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So is there any way to determine what the status of the rescindition is or what is going on ????
 

DeniseM

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There is no way - you just have to wait patiently for the refund. The developer usually doesn't notify you because they are not obligated to, and now that you have rescinded, they aren't much interested in you.

Let's look at it from another direction - if you call and ask them questions, you have no way of knowing if they know what they are talking about, or if they are lying to you.

So let's say you call, and they tell you it's in the works - OK, but those are just words without any legal standing, and they mean nothing until you get the refund.

So let's say you call, and they tell you it's not happening - besides getting upset about something that may or may not be true, there is nothing you can do about it, because they aren't obligated to do anything until the full 45 days has expired,. So you can't do anything for 45 days anyway.

In other words: It doesn't do any good to call, because there is no way to verify that you are being told the truth, and there is nothing you can do about it until 45 days have passed.
 
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BJR5420

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Quick update - it's now been 3 weeks since we sent the rescindtion letter. Have not heard a word. I have been expecting them to call and try to resell us but we have not heard anything. Seems odd and is a little concerning that somehow they feel they have us hooked. As advised - I plan doing nothing for 45 days.
 

DeniseM

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I am guessing that patience is not your strong suite. ;)
 

BJR5420

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Well....... I think it is over, still not 100% convinced but it's looking promising.
We opened a Bluegreen MasterCard for a portion of the down payment and recieved the statement today. The charge for the down payment was refunded in full. I called the credit card company and closed the account. I am assuming that if they refunded the down payment that the rescindtion must be complete. Still not a word from Bluegreen.
 

DeniseM

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They are not obligated to contact you - they are only obligated to give you a refund, and they have done that.

It sounds like you used another method to make part of the payment - a check or something? That will also be refunded.

I would not expect anything else.
 
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BJR5420

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Yep - My concern was for not. As I learned from this fourm, we got rescindtion letter postmarked w/n the 5 day window for the state of Mo, and everything went very smoothly. Thanks for all the info and support. Now it's time figure out the best solution for getting a couple weeks a year at Big Cedar.
 

TUGBrian

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congrats, you should be able to have some amazing future vacations with the thousands of dollars you just saved yourself!
 
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