JUH Florida Law Regarding Cancellation
Westgate Timeshare Resort Issues
Date of Incident: 6/17/2004
I would like to thank you for the helpfull information provided by the your website. The testimony from the gentlemen B.M. dated february 3, 2003 was very helpful and i also did my research and there is a section of the florida law that provides for the consumer that wants to cancel the timeshare contract. Here is the florida law.
VACATION AND TIMESHARE PLANS
VACATION PLANS AND TIMESHARING (ss. 721.01-721.32)
(1) A purchaser has the right to cancel the contract until midnight of the 10th calendar day following whichever of the following days occurs later:
(a) The execution date; or
(b) The day on which the purchaser received the last of all documents required to be provided to him or her, including the notice required by s. 721.07(2)(d)2., if applicable.
This right of cancellation may not be waived by any purchaser or by any other person on behalf of the purchaser. Furthermore, no closing may occur until the cancellation period of the timeshare purchaser has expired. Any attempt to obtain a waiver of the cancellation right of the timeshare purchaser, or to hold a closing prior to the expiration of the cancellation period, is unlawful and such closing is voidable at the option of the purchaser for a period of 1 year after the expiration of the cancellation period. However, nothing in this section precludes the execution of documents in advance of closing for delivery after expiration of the cancellation period.
(2) Any notice of cancellation shall be considered given on the date postmarked if mailed, or when transmitted from the place of origin if telegraphed, so long as the notice is actually received by the developer or escrow agent. If given by means of a writing transmitted other than by mail or telegraph, the notice of cancellation shall be considered given at the time of delivery at the place of business of the developer.
(3) In the event of a timely preclosing cancellation, the developer shall honor the right of any purchaser to cancel the contract which granted the timeshare purchaser rights in and to the plan. Upon such cancellation, the developer shall refund to the purchaser the total amount of all payments made by the purchaser under the contract, reduced by the proportion of any contract benefits the purchaser has actually received under the contract prior to the effective date of the cancellation, as required by s. 721.06. Such refund shall be made within 20 days of demand therefor by the purchaser or within 5 days after receipt of funds from the purchaser's cleared check, whichever is later.
History.--s. 1, ch. 81-172; s. 9, ch. 83-264; s. 65, ch. 87-226; s. 9, ch. 95-274; s. 896, ch. 97-102; s. 16, ch. 2000-302.
So, it really works...but, you have act quickly...make sure you do as the gentleman instructions..send the certified letter via usps and make sure you also mail everything you were given...you know that lousy black briefcase (made in taiwan) otherwise you will be charge $50....and if possible notorized...i got a response within 17 days stating that if i ever changed my mind they were there to serve me....makes sure you state on your letter you are cancelling the timeshare and this is not a complaint...and read the contract make sure you mail to the right address and it tells you where to mail it...good luck and do not give up.!
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