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I purchased a time share in Florida over the week end not…

I purchased a time...

I purchased a time share in Florida over the week end not sure that I want it was looking over contract and it says I have 10 days to cancel contract how do I go about this.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Not yet

Lawyer's Assistant: Have you talked to a FL lawyer about this?

Nope

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Answered in 6 minutes by:
3/25/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,943
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. I certainly understand the situation and your concern. Please allow me a moment to respond.

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Customer reply replied 29 days ago
Ok

Yes, you must read the contract and it should state exactly what you need to do, to cancel it and you must make sure you document everything and send it via certified mail, so you know it was received. If you want to cancel the purchase contract, you must notify the seller in writing. If you do this, the timeshare company must refund to you the total amount of payments, reduced by the value of any benefits received, within:

  • 20 days after it receives your notice of cancellation, or
  • within five days after it receives the funds from your cleared check, whichever is later. (Fla. Stat. Ann. § 721.10 (3)).

Within the contract, it should state where you need to send the notice and how it needs to be sent

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Customer reply replied 29 days ago
Did you get the file I sent

Yes, I just saw it. What is your question in regard to it?

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Customer reply replied 29 days ago
How to I go about canceling the contract I seen on line were you send everything back you received with a letter that has my name contract number address date of purchase and state I am exercising my right to cancel contract
Customer reply replied 29 days ago
Some one also said if there is a form to use it but i haven’t found one
Customer reply replied 29 days ago
Just need to know how to do a header letter/ and what I need to put with it

You can call Westgate this morning and speak with them and ask for their cancellation department and where the notice needs to be sent. It should be stated in the contract but if it is not, you need to send it to their headquarters and they should provide you with the address.

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It should be stated that you are exercising your legal right to cancel and rescind the contract and you will no longer be proceedings and that you demand a full refund of money paid and where to send it. Here is a link to the Florida Statute that controls as well, so you can cite it and reference it, along with the contract.

https://www.flsenate.gov/Laws/Statutes/2011/721.06

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It should be short and to the point. You do not want to proceed and buy the timeshare. You are exercising your legal right. Put the date on this and make sure it is signed by all parties and also advise them where to send the refund. Send it via certified mail so you have evidence of when it was sent and received and copies of all documents.

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Customer reply replied 29 days ago
I just need to right my name the unit number the contract number and date of purchase on a piece of paper to that address and I should be good. If I’m reading this right
Customer reply replied 29 days ago
Or if you can give me a lay out on how to send it that would be great thanks for all the help

Yes, that page states where you need to send this. You want ALL parties to sign it and date it and reference the unit number and contract number and all information related to it. Make a copy of the contract and include it and like I shared, send it certified mail, so you have evidence that it was sent and received.

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There is no form to use and it just needs to state you are exercising your legal right under Florida Law and as stated in the contract, to cancel.

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Customer reply replied 29 days ago
This is my last question so do i only need mine and my wife name or do I have to get the sellers for West gate to sign also if I need then to sign it how to I go about this since I do not live in Florida

No, just you and your wife. You both need to sign since you are both exercising your right to cancel. The seller does not have to sign this and agree to it, since it is a right and option which you are exercising.

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You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,943
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Customer reply replied 29 days ago
Great thank you so much!!!

You are welcome.

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