Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Westgate Lakes Time Share Sale

Having a dispute with a tenant or landlord? Rental Law discussion

Westgate Lakes Time Share Sale

Postby Ferrand » Thu Dec 01, 2016 2:16 pm

June 13, 2010 My husband and I have owned our Westgate Lakes timeshare for over 10 years. It's paid off, but we pay maintenance/taxes yearly, of course.It's in Orlando,Florida on 10000 Turkey Lake Rd. We've not used it a lot, but have rented it out almost every year we haven't used it with no trouble(Redweek.com is a wonderful site for finding renters) Problem: We've sold it to a couple for $2,000. Made the agreement via email. I checked my owner's handbook and made calls to find out what the next step is. Was told we need first to fax over a letter requesting that they waive rights to the property(they have first right of refusal)along with signed and dated Purchase Agreement. I did so on May 24,2010.Since that day, I've made several calls and additional emails to inquire about the situation. I finally talked directly to Tiffany Chisholm on 6-3-2010, who verified she had gotten the fax and that it will take 3-4 weeks to get the waiver letter. I told her that in my owner's handbook(Page 31, Article XXI)it states that they have to respond to my request within 10 days of receiving it, and that it was now the 10th day. She said she was told by her manager to tell everyone it takes 3-4 weeks and didn't know about the 10 day thing. She referred me to her boss, Rusty Laskerr. I immediately called him and left him a detailed message. Since that day I have not gotten a response from Mr. Laskerr, even though on 6-4-10 I faxed a copy of page 31, Article XXI along with copies of my original fax to both Tiffany and Rusty, called and left messages for both of them on 6-8-10 and on 6-10-10, refaxed everything on 6-11-2010 to their attention with written documentation of previous attempts to reach them.

They are ignoring me obviously and now I don't know who I can contact or if it will even help to contact them!(after reading about all the trouble others have had with Westgate Resorts about different situations). I'm afraid I'll lose my buyers, who keep emailing me because they're anxious to get the purchase finalized. I can't sell without their waiver,even though they've broken their own rules regarding the timing of response.(It does say in the next paragraph on page 31 that if they don't make an offer in 14 days after the 10 days,then that is deemed to be consent to my transaction with my buyer and I'm free to accept the offer.)That additional 14 days will be up on June 17,2010. I've contacted First American Title who I intend to use for Resale Escrow Service who tells me they can't close on it on June 18, 2010,(which I tried to schedule)because they still need a copy of the waiver letter from Westgate. I suggested they record a copy of that page from my handbook along with the documentation of the timeline in lieu of a waiver letter, but they won't do that. Do you have any suggestions? Such as a higher up person's phone number in the chain of command that perhaps might help me?

This is very frustrating-I'm experiencing POOR CUSTOMER SERVICE-and no end in sight.

Thanks for your help.

Stephanie
Ferrand
 
Posts: 39
Joined: Fri Mar 28, 2014 3:46 pm

Westgate Lakes Time Share Sale

Postby Shing » Fri Dec 02, 2016 1:13 am

Westgate is noted not to be the fastest people on the block.  First American is correct, we can not close without the Waiver of Right of First Refusal.  Until they issue it, your in a holding pattern.  I understand what the documents say, somewhere else in the documents it might give them extra time.  

If they are not moving to your satisfaction, there is a lawyer in Orlando that might be able to help, but I think the calling is still the best way.  http://www.mytimeshareattorney.com/

Sorry to say, we can not record just a page out of the Declaration, which by the way, is already recorded.  It does not meet the requirements for that one page t be recorded by Florida laws.  I know as a closing company, we have to stay on them for every to get what we need and sad to say, that is your only recourse unless you want to hire a lawyer to yell at them.
Shing
 
Posts: 41
Joined: Sat Apr 12, 2014 11:30 pm

Westgate Lakes Time Share Sale

Postby Harlowe » Fri Dec 02, 2016 12:50 pm

June 13, 2010 My husband and I have owned our Westgate Lakes timeshare for over 10 years. It's paid off, but we pay maintenance/taxes yearly, of course.It's in Orlando,Florida on 10000 Turkey Lake Rd. We've not used it a lot, but have rented it out almost every year we haven't used it with no trouble(Redweek.com is a wonderful site for finding renters) Problem: We've sold it to a couple for $2,000. Made the agreement via email. I checked my owner's handbook and made calls to find out what the next step is. Was told we need first to fax over a letter requesting that they waive rights to the property(they have first right of refusal)along with signed and dated Purchase Agreement. I did so on May 24,2010.Since that day, I've made several calls and additional emails to inquire about the situation. I finally talked directly to Tiffany Chisholm on 6-3-2010, who verified she had gotten the fax and that it will take 3-4 weeks to get the waiver letter. I told her that in my owner's handbook(Page 31, Article XXI)it states that they have to respond to my request within 10 days of receiving it, and that it was now the 10th day. She said she was told by her manager to tell everyone it takes 3-4 weeks and didn't know about the 10 day thing. She referred me to her boss, Rusty Laskerr. I immediately called him and left him a detailed message. Since that day I have not gotten a response from Mr. Laskerr, even though on 6-4-10 I faxed a copy of page 31, Article XXI along with copies of my original fax to both Tiffany and Rusty, called and left messages for both of them on 6-8-10 and on 6-10-10, refaxed everything on 6-11-2010 to their attention with written documentation of previous attempts to reach them.

They are ignoring me obviously and now I don't know who I can contact or if it will even help to contact them!(after reading about all the trouble others have had with Westgate Resorts about different situations). I'm afraid I'll lose my buyers, who keep emailing me because they're anxious to get the purchase finalized. I can't sell without their waiver,even though they've broken their own rules regarding the timing of response.(It does say in the next paragraph on page 31 that if they don't make an offer in 14 days after the 10 days,then that is deemed to be consent to my transaction with my buyer and I'm free to accept the offer.)That additional 14 days will be up on June 17,2010. I've contacted First American Title who I intend to use for Resale Escrow Service who tells me they can't close on it on June 18, 2010,(which I tried to schedule)because they still need a copy of the waiver letter from Westgate. I suggested they record a copy of that page from my handbook along with the documentation of the timeline in lieu of a waiver letter, but they won't do that. Do you have any suggestions? Such as a higher up person's phone number in the chain of command that perhaps might help me?

This is very frustrating-I'm experiencing POOR CUSTOMER SERVICE-and no end in sight.

Thanks for your help.

Stephanie
Harlowe
 
Posts: 38
Joined: Mon Jan 06, 2014 2:47 am


Return to Rental Law

 


  • Related topics
    Replies
    Views
    Last post