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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12706
Experience:  Experienced Licensed Attorney
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Hello,I bought a Westgate timeshare August 26, 2013. Ive

Customer Question

Hello,

I bought a Westgate timeshare August 26, 2013. I've changed my mind. I can't actually afford it. I placed a deposit down of 1558.00.

Is there still time to cancel? And can I get my money back?
Submitted: 10 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 10 months ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Does you contract state the cancellation terms and if it does, what are the terms?
Customer: replied 10 months ago.

I cannot locate that information in the contract. There is a page on terms and conditions of individual membership but again, I cannot find the info I am seeking....When I signed the contract, the attorney for the company said that I could not change my mind.

 

I thought all contract could be broken, especially for real estate deals. This is bogus and a sham.

 

This property in Florida was for a timeshare that involved an exchange program of "properties in Fl, the USA, cruises and interntl. properties, resorts.

Expert:  Alex J. Esq. replied 10 months ago.
Thank you for your follow up.

Under Florida law, you would have 10 days to cancel a timeshare purchase, but you would have to notify timeshare company of the cancellation in writing and by certified mail with return reciept requested for your record and to demand a full refund.

Here is the link to the Florida Statute that allows 10 day cancellation for timeshare contracts entered into in Florida:

http://www.flsenate.gov/Laws/Statutes/2012/721.06


I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12706
Experience: Experienced Licensed Attorney
Alex J. Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Thank you Alex for your quick reply. Now I feel confident to go ahead and request the cancellation and refund.


 


This brings to mind a second question: I believe Monday, Sept. 2, 2013 would not have counted toward the 10 day period because it was a holiday but are the weekend days counted? I'm trying to figure out what would be the 10th or final day.

Expert:  Alex J. Esq. replied 10 months ago.
Thank you for your follow up.

It is generally 10 calendar days, so you would want to send your cancellation notice and demand for a refund to this timeshare company first thing tomorrow and you might consider doing it by overnight mail as well, as that would require the company employee to sign for it.

I wish you the best of luck!

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