Complaint Review: Westgate Resorts - Orlando Florida

Based on some of your comments it is obvious you haven't talked to an attorney, and that is the first thing you probably should do.

First off the attorney will tell you that a Timeshare is under no obligation to accept the Deadback. Just because the mortgage is paid off and the fees are up to date doesn't change that.

If you are "time-barred" that doesn't mean that they are admitting to any wrongdoing. It is saying exactly what it means...you are past the Statute of Limitations to take legal action. Nothing more, nothing less, and no court would take that as them admitting anything.

You mention the discovery rule. Yes, it does allow the Statute of Limitations to start from the time you should have reasonably discovered the missing documents.  BUT, you are going to have a very hard time convincing any court that 12 years is "reasonable" especially since it appears you had the CD in your possession that entire time.

By the way, if you signed a document that said you wanted paper, again it is not reasonable to say it took you 12 years to realize you didn't get the paper documents.   So you won't have that as a valid reason.  

Good Luck

I understand that Westgate has no obligation to accept the deed back, my point is that they probably do not ever accept a deed back, why should they? Now if they were truly following the laws that prevent them from overselling a unit, they might be more willing to accept a deed back if it meant that they would get another $10,000 by re-selling what we deeded back. However, we all know that they do not stick to the limitation.

That one unit has been sold more than 52 or whatever the limit is. As far as the "time-barred" I know that it would not mean they are admitting anything but when you compile "time-barred" with the fact they won't acknowledge the confusing, misleading document and the hidden pocket that should cancel out the "time-barred", and they refuse to address why we were given a CD-ROM for Park City, UT Why would Westgate of the Smoky Mountains even have a Park City, Ut CD-ROM? So, take into consideration that 100s of owners had the CD-ROM in hidden pockets and we should have 2 CD-ROMs (2011 and 2012), but we only received 1 that contained a POS and it was the wrong one. Any cause of action that has been fraudulently concealed, the statute of limitations is tolled until the action is, or could have been, discovered through the exercise of due diligence.

We signed a "Receipt for Timeshare Documents" and it is this document that states we wanted all closing documents in "paper" and "CD-ROM" form. We were led to believe that the CD-ROM was just a backup of the paper form. It was never explained to us that the CD-ROM had anything other than the documents we were seeing and signing. When you close on a house you trust the person walking you through the closing process, this apparently is not the case with a Westgate closing. Just take the time to look at the lawsuits- Why hide the CD-ROM, why not explain that the CD-ROM needs to be reviewed within 10 days? There was no hint of importance to the CD-ROM.

I doubt that after a full day of the sales pitch and signing documents, then driving 6 hrs back to Indiana that same day of closing that we remembered that we signed something stating we would receive the CD-ROMs. If they were in a hidden pocket, even if we remembered, we might have assumed that they forgot to give them to us. We had no idea that the CD-ROM was something they legally were required to provide, had they told us the importance of the document we might have discovered it in a reasonable amount of time.

I am guessing you also feel that within the 10 rescind period we could have discovered that it was difficult to reserve our unit. In a 10-day period, we should realize that it was not as easy to rent as they told us. In a 10-day period, we should have discovered that it was not possible to even sell our timeshare. The 10-day rescission period is not long enough to discover any of the deceit.

I know it is difficult to understand, it is so complicated to put into writing and I know my writing skills are not doing the situation justice. However, I have done a lot of research and I have no doubt that Westgate is Unethical, there is just too much evidence. Our situation by itself might not signal the ongoing deceit but you put it all together and the fact it has been going on for a decade is where the proof lies. My fight isn't so much for us but because this needs to stop, no one else should have to deal with this.