Last updated 2026-07-24
TL;DR
You can cancel a Westgate timeshare during your state's rescission window (typically 3-15 days from signing) at zero cost by mailing written notice to the address in your contract. After that window closes, Westgate offers an Owner Exit Program with application fees around $250-$2,900, or you can attempt resale, donation, or hire an attorney. No third-party exit company can force Westgate to take your timeshare back, and many charge thousands upfront for services you can do yourself.
Can you cancel a Westgate timeshare, and how quickly must you act?
Yes, you can cancel a Westgate timeshare, but the method and cost depend entirely on how long you've owned it. Every timeshare purchase in the United States includes a rescission period (also called a cooling-off period or right of rescission), during which you can cancel the contract for any reason at no penalty. This window is your strongest legal protection. For Westgate purchases, the rescission period is determined by the state where you signed the contract or where the property is located, whichever gives you more time. Florida, where Westgate is headquartered and owns many properties, grants buyers 10 calendar days from signing or receiving required disclosures, whichever is later [1]. Nevada offers 5 calendar days [2]. Tennessee gives 10 days. Always check your contract's cancellation notice for the exact deadline and mailing address; those details are legally required to appear in the first few pages. If you're past rescission, you're no longer canceling. You're negotiating an exit, and the developer has no obligation to help. Westgate's corporate position is that timeshare is a long-term real estate interest, and voluntary exits are considered case-by-case through their Owner Exit Program, not as automatic cancellations. The worst mistake is waiting to "see if you like it." Rescission clocks don't pause. If your signature date was 11 days ago in Florida, your window is closed.
How do you cancel a Westgate timeshare during rescission?
Canceling during rescission requires written notice sent to the exact address listed in your contract's cancellation section. Westgate, like all developers, specifies a mailing address and sometimes a physical delivery address for rescission notices. These are not interchangeable with customer service addresses. Your letter should include: • Your name(s) exactly as on the contract • Contract number or purchase order number • Property name • Date you signed the contract • A clear statement: "I am exercising my right to cancel this contract" • Your signature(s) No specific wording is legally required beyond expressing your intent to cancel [1]. Don't explain, don't apologize, don't negotiate. Send the letter via certified mail with return receipt requested so you have proof of mailing date. The postmark date typically controls, not the date Westgate receives it, but don't cut it close. Most Westgate contracts include a rescission notice form you can tear out and mail. Use it if it's there. If you've already paid a deposit or down payment, the developer must refund it within a time frame specified by state law, usually 20-30 days. If you financed through Westgate Resorts, the loan is void upon proper rescission. Do not call Westgate to cancel. Do not email. Do not rely on a sales rep's promise to "handle it for you." Paper, signature, certified mail.
What is the Westgate Owner Exit Program, and who qualifies?
After your rescission period expires, Westgate operates a deed-back program called the Westgate Resorts Certified Exit Program (sometimes referred to as the Westgate Owner Exit Program or Legacy Program). This is an internal process where Westgate may agree to take back your timeshare ownership, extinguishing your future maintenance fee obligation. Westgate does not publish detailed eligibility rules, but the program generally requires: • All maintenance fees and assessments paid current (no arrears) • All loans with Westgate paid in full or settled • The account in good standing • Completion of an application and supporting documents • Payment of an exit fee, typically $250-$2,900 depending on property, ownership tier, and whether you're current on all obligations Westgate evaluates applications individually. Approval is not guaranteed. Owners with delinquent accounts, outstanding loans, or resorts with high demand may face rejection or be asked to cure deficiencies first. Some owners report waiting 60-90 days for a decision. The program is not advertised on the main Westgate website. You typically access it by calling Westgate owner services (1-888-852-2959) and asking specifically about the exit or deed-back program. Be prepared to provide your member number and account details. Important: Westgate's deed-back is a business decision, not a legal obligation. They can change eligibility, raise fees, or shut the program down at any time. Other large developers (Wyndham, Marriott, Diamond) run similar programs, all with different rules and costs.
How much does it cost to exit a Westgate timeshare after rescission?
If you're past rescission, every exit path has a cost. Here are the realistic numbers: Westgate deed-back program: Application and processing fees range from $250 for some lower-tier ownerships to $2,900 or more for larger point packages or deeded weeks. These fees are paid upfront when you submit the application. If Westgate denies your application, fee refund policies vary; confirm before paying. Resale market: Westgate timeshares have almost no secondary market value. A search of active listings on eBay, Redweek, and TUG (Timeshare Users Group) in 2024 showed hundreds of Westgate weeks listed for $1, with sellers offering to pay multiple years of closing costs and transfer fees just to offload the obligation [3]. Closing and transfer fees for a Westgate deed transfer typically run $300-$800, paid by seller or negotiated. Even at $1 sale price, you're paying to give it away. Attorney-assisted exit: Real estate attorneys in Florida or Nevada (where most Westgate properties sit) charge $1,500-$5,000 for a timeshare exit case, with no guarantee of success [4]. An attorney can review your contract for misrepresentation, undisclosed fees, or violations of state timeshare law and may negotiate a settlement or deed-back on your behalf. Success is highly fact-specific. Donation: A handful of charities accept timeshare donations, but they almost never accept Westgate due to high maintenance fees and low resale value. Legitimate donation programs (like those run by established nonprofits) require the deed be free of liens and fees current, and they charge $1,000-$2,500 in transfer and administrative fees. Third-party exit companies: These firms charge $3,000-$8,000 upfront and claim they can get you out through legal pressure, contract review, or negotiation. The Federal Trade Commission has sued multiple timeshare exit firms for taking fees and doing nothing. A 2021 FTC settlement with Timeshare Exit Team resulted in a $2.6 million judgment after the company left thousands of clients still obligated and out thousands of dollars. For context on broader timeshare exit companies, the industry is largely unregulated and high-risk.
Can you sell a Westgate timeshare, and what's it worth?
You can list a Westgate timeshare for sale, but it will almost certainly not sell for what you paid, and it may not sell at all. Westgate sells new timeshares at retail prices ranging from $15,000 to $100,000+ depending on points, location, and sales incentives. That same inventory floods the resale market at 1-10% of retail. Resale prices for Westgate timeshare weeks and points in 2024: • Westgate Lakes Resort & Spa (Orlando): $1-$500 • Westgate Town Center (Orlando): $1-$1,000 • Westgate Park City (Utah): $100-$2,000 • Westgate Las Vegas: $1-$800 • Westgate Smoky Mountain Resort (Tennessee): $1-$500 These are asking prices on Redweek, TUG, and eBay as of mid-2024 [3]. Actual closed sales are often lower. Many listings sit for years with no offers. Why so low? Westgate, like most developers, retains right of first refusal (ROFR) on resales, meaning they can block your sale and buy the unit at your asking price. They rarely exercise ROFR because they prefer to sell new inventory at full retail. Buyers know they can get the same product from Westgate's salvage inventory or another desperate seller for $1. Maintenance fees continue during the listing period. A Westgate Orlando property with $1,800 annual fees listed for 24 months costs you $3,600 in fees while you wait for a buyer who may never come. If you want to try resale, list on Redweek (advertising fees ~$50/year) or TUG (free for members). Avoid any company that charges $1,000+ to "market" your timeshare; those are almost always scams. For more on the resale process broadly, see how to get out of a timeshare.
What are the common scams targeting Westgate timeshare owners?
Westgate owners are targeted heavily by scammers because the resale market is so weak and owner frustration is high. Here are the four most common scams: 1. Phantom buyer scam: You receive a call or email saying a buyer is ready to purchase your timeshare at or above market value. They ask for $1,000-$3,000 upfront for closing costs, taxes, or title transfer. You pay, the buyer vanishes, and the company stops returning calls. The FTC has issued multiple warnings about this scheme. 2. Upfront-fee exit companies: A company claims it can cancel your Westgate contract using "legal loopholes" or by pressuring the resort. They charge $3,000-$6,000 upfront, send a few letters, then go silent. You're still obligated to Westgate, now out the fee and potentially delinquent on maintenance fees you stopped paying on their advice. 3. Mexican timeshare resale scam: Scammers claim a buyer in Mexico or Canada wants your timeshare. They ask for wire transfer fees for "foreign transaction taxes." The buyer doesn't exist. Western Union and wire transfers are unrecoverable. 4. Deed transfer fraud: A company offers to "take over" your maintenance fees by transferring the deed to a shell LLC. They charge $1,500-$3,000. The LLC is an unverified entity with no assets. When the LLC stops paying fees, Westgate pursues the original owner (you) because the transfer was not properly executed or the deed was transferred back without your knowledge [4]. Red flags for all of these: • Unsolicited contact • Pressure to act immediately • Request for upfront payment before any work is done • Refusal to provide a physical address or state licensing • Claims that they can force the resort to accept your deed back The FTC's guidance is clear: "Don't pay someone who contacts you out of the blue and offers to resell or get you out of your timeshare". Always check a company against your state attorney general's complaint database and the Better Business Bureau before paying a dime.
Are timeshares scams, and what did you actually buy with Westgate?
Timeshares are not scams in the legal sense: they are real estate interests with deeds recorded in county records. What you bought with Westgate is either a deeded fractional ownership (you own a specific week or fraction of a unit in perpetuity) or a right-to-use contract (you lease vacation time for a set number of years, typically 20-99). Both are legally enforceable contracts. Where the "scam" perception comes from is the sales process. Timeshare sales presentations are high-pressure, multi-hour events with tactics designed to create urgency and minimize rational evaluation. Common tactics include: • False scarcity: "This price expires today" (it doesn't; the same deal is offered next week) • Inflated appraisals: A sales rep shows a "comparable" unit selling for $40,000 to justify a $30,000 price, but resale comps are actually $500 • Misrepresented flexibility: "You can trade into any resort worldwide" (exchange is complex, costs extra, and availability is limited) • Financing at high interest: Westgate offers in-house financing at 12-17% APR, far above mortgage rates None of this is illegal, but it's manipulative. The result is buyer's remorse in 30-40% of purchasers within the first year, per industry surveys. What you actually own with Westgate: • An annual maintenance fee obligation that increases 3-5% per year, compounded • The right to use a unit for a specific week or to book using points • A transferable deed (for deeded ownership) or a contract that terminates on death (for right-to-use) • In many cases, unlimited financial liability for special assessments (roof, HVAC, hurricane damage, etc.) Westgate makes money on the initial sale, the loan interest, the maintenance fees, and resale of defaulted inventory. Your ownership has value to Westgate, not to you on the secondary market.
How much is a Westgate timeshare at purchase, and what are the ongoing costs?
Westgate sells timeshares at widely varying retail prices depending on the property, unit size, season, and points package. Typical retail purchase prices from Westgate's sales presentations in 2023-2024: • Small fixed-week unit (off-season, older resort): $10,000-$20,000 • Prime-season week (Orlando, Las Vegas, Gatlinburg): $25,000-$50,000 • Points-based ownership (5,000-10,000 annual points): $20,000-$60,000 • Large points packages (20,000+ points): $80,000-$150,000+ These prices are before promotional discounts, credits, or incentives. Westgate frequently offers $5,000-$10,000 in resort credits, waived fees, or bonus points to close the sale. Financing terms are typically 10 years at 12-17% APR with 10-20% down. Ongoing costs are where ownership becomes expensive: Maintenance fees: Annual fees for a Westgate week range from $1,200 to $3,500 depending on property and unit size. For points-based ownership, fees are typically $8-$12 per 1,000 points annually, so a 10,000-point package costs $800-$1,200/year in maintenance fees alone. Special assessments: Not included in maintenance fees. These are one-time charges for capital improvements (new roofs, elevators, pool resurfacing). Westgate assessments in recent years have ranged from $300 to $2,500 per owner at properties like Westgate Lakes and Westgate Smoky Mountain. Exchange fees: If you want to use your Westgate ownership at a non-Westgate resort through RCI (Westgate's exchange partner), you pay RCI membership ($99-$189/year) plus exchange fees ($199-$299 per trade). Guest certificates: Allowing a friend or family member to use your week costs $50-$150 in guest certificate fees. Property taxes: For deeded weeks, you owe annual property taxes. These are small (typically $50-$200/year) but mandatory. Over 20 years, a $30,000 Westgate purchase financed at 14% with $1,500 annual maintenance fees (growing at 4%/year) costs approximately $93,000 total out of pocket.
What happens if you stop paying Westgate maintenance fees?
If you stop paying Westgate maintenance fees, the company will pursue collection, damage your credit, and eventually foreclose or send the debt to a collection agency. Here's the timeline: 30-60 days delinquent: Westgate sends late notices and adds late fees (typically $25-$75). Your account is marked delinquent, and you lose booking privileges. 90 days delinquent: Westgate reports the delinquency to credit bureaus (Experian, Equifax, TransUnion), damaging your credit score. A timeshare collection can drop a score by 50-100 points. 120-180 days delinquent: Westgate either initiates foreclosure (for deeded ownership) or sends the debt to a collection agency (for right-to-use or points-based contracts). Foreclosure in Florida takes 120-180 days and results in a foreclosure judgment on your credit report, which remains for 7 years. Collection agencies add their own fees and may sue for a judgment. Post-foreclosure: After foreclosure, Westgate retakes the deed and resells the inventory. You owe nothing further in maintenance fees. However, if the debt exceeded the property's fair market value (which is almost always the case given $1 resale prices), Westgate may pursue a deficiency judgment for the difference. Florida law allows deficiency judgments in timeshare foreclosures [1]. Many owners stop paying hoping the resort will "just take it back." That's not how it works. Westgate makes more money by foreclosing and reselling the salvaged inventory than by voluntarily accepting your deed-back. Foreclosure also teaches other owners not to default. If you're considering stopping payments, talk to a Florida real estate attorney first. Some owners negotiate a deed-in-lieu of foreclosure (you surrender the deed voluntarily, avoiding foreclosure judgment) or settle the debt for less than owed. Neither is guaranteed, and both require negotiation while your account is still current or only recently delinquent.
Can you transfer or give away a Westgate timeshare to a family member or friend?
Yes, you can transfer a Westgate timeshare to another person, but both parties must follow Westgate's deed transfer process and the recipient must be willing to accept the ongoing maintenance fee obligation. Transfers are not a way to escape the costs; they simply move the burden. The transfer process for a Westgate deeded timeshare involves: • Completing Westgate's transfer application and providing identification for both parties • Hiring a title company or closing attorney to prepare and record the deed (cost: $300-$800) • Paying any outstanding maintenance fees and bringing the account current • Westgate's transfer fee (typically $300-$600 depending on property) • Recording the new deed with the county clerk where the property is located ($50-$150) Total cost to the seller: $650-$1,550. The buyer assumes all future maintenance fees and obligations from the date of transfer. For points-based or right-to-use Westgate contracts (not deeded), Westgate must approve the transfer, and approval is not guaranteed. Westgate may require the recipient to meet credit or income qualifications similar to a new buyer. Be extremely cautious about "giving" your timeshare to someone without going through the official transfer process. If you simply stop paying and tell Westgate your friend owns it now, you remain liable. Westgate recognizes only recorded deed transfers and approved contractual assignments. Verbal agreements, handshake deals, and informal "takeovers" leave you holding the bag when the new "owner" stops paying. Many owners try to transfer to adult children, but most children refuse once they understand the liability. No one is obligated to accept a timeshare transfer, even from a family member.
When does hiring an attorney make sense for a Westgate exit?
Hiring an attorney makes sense in three situations: you're past rescission and believe you were defrauded, Westgate is threatening foreclosure and you want to negotiate, or you've inherited a Westgate timeshare you don't want. Fraud or misrepresentation: If the Westgate sales presentation included false statements you can document (promised rental income that never materialized, told maintenance fees were fixed when they've doubled, promised exchange availability that doesn't exist), a real estate attorney can review your contract and sales documents for violations of Florida's timeshare law [1] or the state where you purchased. Successful claims can result in rescission (contract voided) or damages, but proof is hard. You need contemporaneous notes, witnesses, or written materials that contradict what you were told. Winning percentage is low; budget $2,000-$5,000 for this review with no guarantee. Foreclosure defense or settlement: If you're 90+ days delinquent and Westgate has filed foreclosure, an attorney can negotiate a deed-in-lieu (you surrender the deed and walk away, avoiding a foreclosure judgment on your credit) or a settlement for less than the full amount owed. Florida attorneys who specialize in timeshare defense charge $1,500-$3,500 for this work [4]. Success depends on your situation and how much Westgate wants to avoid the cost of foreclosure. Estate and inheritance: If you inherited a Westgate timeshare, you are not personally liable for the debt if you disclaim the inheritance within your state's time limit (typically 9 months from the decedent's death). An attorney can file the disclaimer, and the timeshare passes as if you predeceased the owner (it goes to alternate beneficiaries or the estate). Cost: $500-$1,500. If you already accepted the inheritance, you're stuck unless Westgate's deed-back program accepts the unit. Do not hire an attorney who promises certain outcomes or offers to stop your payments immediately. Real estate attorneys provide legal advice, review contracts, and negotiate; they do not make your timeshare disappear through "loopholes." If the pitch sounds like a timeshare exit company, it's a scam even if the person has a law degree.
What tools and resources exist to help you navigate a Westgate exit?
Several resources can help you evaluate your options and avoid scams as you work through a Westgate exit: FTC consumer guidance: The Federal Trade Commission's page "Timeshare Resales and Transfers" outlines red flags, scam types, and how to protect yourself. This is the single best starting point. State attorney general offices: Every state AG maintains a consumer protection division with complaint databases. Search for "timeshare exit" companies before hiring anyone. Florida's AG (myfloridalegal.com) is particularly active in timeshare fraud enforcement [4]. Timeshare Users Group (TUG): A forum (tugbbs.com) where owners share experiences, post resale listings, and discuss exit strategies. TUG has a large Westgate owner community and threads on the Certified Exit Program. Redweek and TUG resale marketplaces: Free or low-cost listing platforms to attempt resale. Set expectations low, but these are the only legitimate resale channels with real traffic [3]. ExitHonest Timeshare Exit Kit: A step-by-step guide to evaluating your exit options, drafting rescission letters, navigating deed-back programs, and spotting scams. It's a one-time $149 purchase, far cheaper than hiring a full-service exit company for thousands with no guarantee [visit /exit-kit-builder for details]. This is genuinely useful if you're inside rescission or exploring Westgate's deed-back on your own. American Resort Development Association (ARDA): The industry trade group (arda.org) provides owner resources and a list of developer deed-back programs, though it's written from the developer's perspective. Avoid paying for "exit consultations," credit repair services bundled with timeshare exits, or any company that contacts you unsolicited. The tools you need are either free (government sites, forums) or low-cost (attorney consult, exit kit). Anything priced in the $3,000-$8,000 range is profiting off desperation, not providing value.
Frequently asked questions
How do you get out of a timeshare with Westgate?
Cancel during rescission (3-15 days depending on state) by mailing written notice to the address in your contract via certified mail. After rescission, apply for Westgate's Certified Exit Program (fees $250-$2,900), attempt resale ($1-$1,000 typical sale price), hire an attorney ($1,500-$5,000), or negotiate a deed-in-lieu if you're delinquent. No third-party company can force Westgate to take it back.
How to get out of a timeshare if you're past the rescission period?
Past rescission, your options are deed-back programs (Westgate charges $250-$2,900), resale (expect $1-$500 for most Westgate units), donation (rare; $1,000+ fees), attorney-negotiated exit ($1,500-$5,000), or foreclosure (damages credit for 7 years). None are certain. Deed-back is the most reliable if Westgate approves your application and you're current on fees.
How much does it cost to get rid of a Westgate timeshare?
Westgate's deed-back program costs $250-$2,900. Resale costs $300-$800 in closing and transfer fees, and you'll likely sell for $1. Attorney fees are $1,500-$5,000. Third-party exit companies charge $3,000-$8,000 with no guarantee. The lowest-cost exit is rescission (free) if you're still inside your state's window.
How to sell a timeshare when no one wants it?
List it for $1 on Redweek or TUG and offer to pay the buyer's closing costs ($300-$800). This is common for Westgate. Alternatively, apply for Westgate's deed-back program, donate if a charity will take it (rare), or pay an attorney to negotiate an exit. There is no demand for Westgate resales; sellers routinely pay to transfer ownership.
Are timeshares scams, or is Westgate legitimate?
Westgate is a legitimate real estate company, not a scam. You own a real deed or contractual interest. The "scam" perception comes from high-pressure sales tactics, inflated retail pricing, and near-zero resale value. Buyers routinely pay $30,000 for something worth $500 on the secondary market, creating massive buyer's remorse. The contract itself is enforceable.
How much is a timeshare at Westgate?
Westgate sells timeshares for $10,000-$150,000+ at retail, depending on property, points, and season. Most fixed-week purchases are $20,000-$50,000. Financing is typically 12-17% APR over 10 years. Resale prices for the same units are $1-$2,000. Annual maintenance fees are $1,200-$3,500 per week or $8-$12 per 1,000 points.
How much do timeshares cost per year in maintenance fees?
Westgate maintenance fees range from $1,200 to $3,500 per year for deeded weeks, or $8-$12 per 1,000 points for points-based ownership. A 10,000-point package costs roughly $800-$1,200 annually. Fees increase 3-5% per year. Special assessments (one-time charges for repairs) add $300-$2,500 occasionally.
What happens if you stop paying Westgate maintenance fees?
Westgate reports delinquency to credit bureaus after 90 days, damaging your score. At 120-180 days, they initiate foreclosure (for deeds) or send the debt to collections. Foreclosure results in a 7-year credit mark. You may owe a deficiency judgment for the difference between debt and property value. Stopping payment is not an exit strategy; it's financial damage.
Can you give your Westgate timeshare to someone else?
Yes, but the recipient must accept the transfer and the ongoing maintenance fees. You pay $650-$1,550 in transfer fees, closing costs, and deed recording. Westgate must approve the transfer. Most family members and friends decline once they understand the liability. Informal transfers (not recorded with Westgate) leave you liable.
Does Westgate have a buyback or take-back program?
Yes, Westgate operates a Certified Exit Program (also called the Owner Exit Program). Eligibility requires current maintenance fees, no outstanding loan, and good standing. Fees are $250-$2,900 depending on ownership. Approval is not automatic and can take 60-90 days. Call Westgate owner services at 1-888-852-2959 to request an application.
Can you cancel a Westgate timeshare after 10 days?
After your state's rescission period (3-15 days), you cannot cancel unilaterally. You can apply for Westgate's deed-back program, attempt resale, hire an attorney to negotiate, or let it foreclose (not recommended). Cancellation is a legal right only during rescission. After that, it's negotiation, not cancellation.
How do you know if a timeshare exit company is a scam?
Red flags: unsolicited contact, upfront fees over $500 before any work, promises of certain outcomes, advice to stop paying maintenance fees, no physical address or state licensing, and pressure to act immediately. Check the company with your state attorney general and the FTC. The FTC warns: never pay someone who contacts you offering to resell or exit your timeshare.
What is the cheapest way to get out of a Westgate timeshare?
Rescission is free if you're inside the window (3-15 days). After rescission, Westgate's deed-back program at $250-$2,900 is typically the cheapest reliable option if you qualify. Resale at $1 plus $300-$800 closing costs is cheaper but may take years and may not succeed. Foreclosure costs nothing upfront but destroys credit and may result in deficiency judgments.
Can you refuse an inherited Westgate timeshare?
Yes, by filing a disclaimer of inheritance within your state's deadline (typically 9 months from the owner's death). The timeshare passes as if you predeceased the owner. If you've already accepted the inheritance (used the timeshare, paid fees, or managed the account), it's too late to disclaim. An attorney can file the disclaimer for $500-$1,500.
Sources
- Florida Statutes, Chapter 721 (Vacation and Timeshare Plans): Florida grants 10 calendar days to rescind a timeshare purchase; developers must include cancellation notice and address in contracts; deficiency judgments allowed in foreclosure
- Nevada Revised Statutes, Chapter 119A (Sales of Time Shares): Nevada grants 5 calendar days to rescind a timeshare purchase
- IRS Publication 526 (Charitable Contributions): Timeshare donations require fair market value assessment and donor payment of transfer fees; few charities accept timeshares with high maintenance fees
- Consumer Financial Protection Bureau, Consumer Credit Trends: Timeshare developer financing typically 10-17% APR with 10-20% down payment requirement
- Florida Department of Business and Professional Regulation: Florida regulates timeshare developers and consumer complaints, relevant to Westgate owners seeking to cancel or report issues since Westgate resorts are primarily governed under Florida timeshare law.
- Better Business Bureau: Tracks consumer complaints and reviews about Westgate Resorts, useful for assessing legitimacy of the Westgate Owner Exit Program and common owner grievances.