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Rescinding on an HICV Orange Lake Country Club Timeshare???

Discussion in 'US - Florida Timesharing' started by knowledgeiskey18, Mar 11, 2018.

  1. theo

    theo TUG Review Crew: Veteran TUG Member

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    Do not return any originals of contract documents --- send only photocopies.
    A few relevant points to keep in mind:

    1. It could (lawfully) take up to 45 days before you actually see the 100% refund of your deposit, although it likely will not take nearly that long.

    2. You may get phone calls from desperate sales weasels looking to salvage the sale (and their commission). Do not answer any incoming calls from numbers you don't recognize. No good can come from further conversation with those people --- and any such verbal discussion of a contract which has already been executed is legally meaningless anyhow.

    3. They will process your timely submitted rescission if / when sent to the correct address. They are not doing you any personal favors or granting you any kindnesses by doing so; they have no choice --- they must comply with the law. They need not keep you "updated" in any way at any time, but they nonetheless must cancel the contract (and the associated loan) and return 100% of any deposit money paid.
     
    Last edited: May 31, 2018
  2. nickdesai1983

    nickdesai1983 Guest

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    I already sent letter with original contract documents. Hope this is not issue now.
    Documents provided by Orange Lake Country Club were photocopies of documents we signed with quality assurance office in the room.
     
  3. Passepartout

    Passepartout TUG Review Crew: Veteran TUG Member

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    So do we. Keep your fingers crossed that they can't tell you don't have copies. There is no requirement that they inform you of progress on your rescission. Just watch your credit card account for a refund.
     
  4. theo

    theo TUG Review Crew: Veteran TUG Member

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    Hopefully, no harm and no foul. Retaining originals is just a recommended measure to ensure that those originals of the contract don't get "doctored" later without your knowledge or consent (perhaps an overkill precaution or concern, truth to tell). Presumably you have at least retained copies of everything for yourself.
     
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  5. hkocno

    hkocno Guest

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    We just got home with buyers remorse. Writing the rescind letter now (purchase date was 6/4). Seems clear enough other than 4 questions:
    1. We don't have "original" anything - we only have photocopies of all contract documents. Is this normal? (they're even shrunk to fit 2 sheets on 1 page)
    2. Is there a need to spell out whose attention the letter needs to go to? Within the agreement it says if you want to sell in the future to send letter "Attention Deeding Dept", but assuming if they don't list anything specific it shouldn't be required.
    3. Reading the FL statute it states you can send written notice through mail or "telegraph" which I would assume means email. On BBB site they list a paralegal Joann Rivera as a principal contact at jrivera2@orangelake.com (she's actually who replied to several complaints and included that email). While I plan on printing and mailing the letter certified as recommended, is there any harm in also sending copy to her email address?
    4. I don't see anywhere that the materials need to be returned - is this required?
    - just a comment: Glad to find this site! Validates what we already had figured out.
    Thanks!
     
    Last edited: Jun 10, 2018
  6. theo

    theo TUG Review Crew: Veteran TUG Member

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    Not common, but if you have copies of the originals, it doesn't really matter.
    Just be certain to retain photocopies of anything and everything you have.

    No. Just send the letter to the specific address provided in the rescission (cancellation) instructions provided to you at the time of contract execution (as is required by law).

    Email is legally meaningless and pointless in a contract matter, so don't even bother. You would only be unnecessarily providing a "heads up" --- which might lead to unwelcome phone calls from desperate sales weasels who see their commission about to disappear.

    Westgate (lawfully) charges $150 if a rescinding buyer fails to return such materials, but I have not personally heard of any others (including Orange Lake) ever attempting to do so.
    I would just send that junk back separately (and inexpensively) via media mail rate.
     
    Last edited: Jun 13, 2018
  7. hkocno

    hkocno Guest

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    Thank you! Sent certified yesterday so just watching the tracking progress.
     
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  8. Jndg1025

    Jndg1025 Guest

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    I recently (June 22,2018) purchased a timeshare with Orange Lake Resorts. I found the cancellation information in the purchase agreement and with that and information from this user group thread, I sent a cancellation of agreement letter on June 26. I received a refund in my down payment along with a letter stating from Deeds and Cancellation department stating that the refund represents my “original deposit”, and that they regret I’ve “decided not to become a member”. I’m worried because it refers to refund as a refund of deposit and doesn’t say the contract has been rescinded or the purchase agreement cancelled.
    They are now calling and saying they need to speak to me in regards to my cancellation. They want to be sure the cancellation is processed smoothly and need to verify my zip code and yet I’ve received the “return receipt” as well as the letter from the Deeding and Cancellation department.
    How I can I know for sure the contract/purchase agreement has been cancelled? Do I need to take further action?
    Thank you!
     
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  9. moonstone

    moonstone TUG Member

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    I would think that if they have refunded your deposit then the purchase agreement has been cancelled since they no longer have a deposit for it. You may or may not get another letter stating the contract/purchase agreement has been cancelled. They probably want to talk to you to try and change your mind, or offer you another package - a common practice! Don't talk to them! As you said they already have your zip code from your letter.


    ~Diane
     
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  10. dschroeter

    dschroeter Guest

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    I created an account just to thank this forum and to add another $20000 to the saved money pool! I have a similar story to others here: Florida residents, got a good deal on a 2 night stay at a suite, went in with the wife to say no, got bamboozled, signed the contract, did the research that evening, sent the rescind letter, got refunded. To their credit we were not hassled afterward and got the cancellation letter within a week. Thanks again!
     
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