Last updated 2026-07-25

TL;DR
Your right to cancel a Westgate timeshare comes from the state where you signed, not from Westgate itself. Florida gives 10 calendar days after signing or receiving the public offering statement, whichever is later. Other states range from 3 to 15 days. Send written notice by a trackable method before the deadline. Miss it, and you're into deed-back, resale, or exit-company territory instead.
How long do you have to cancel a Westgate timeshare?
It depends entirely on which state's law governs your contract, usually the state where the resort sits or where you signed. Westgate Resorts is based in Orlando and sells most of its inventory in Florida, Tennessee (Gatlinburg, Pigeon Forge), Nevada (Las Vegas), Missouri (Branson), Utah (Park City), Virginia (Williamsburg), and South Carolina (Myrtle Beach). Each of those states sets its own rescission period, and Westgate's contract has to honor whichever period applies to the property location. Florida is the most common one, since Westgate's corporate headquarters and several large resorts (Westgate Lakes, Westgate Town Center, Westgate Vacation Villas) sit in Orlando. Florida Statute 721.10 gives buyers 10 calendar days to cancel, running from the date you sign the purchase contract or the date you receive the last of the required disclosure documents, whichever is later [1]. That's not 10 business days. Weekends and holidays count. Tennessee's rescission period for timeshares is also short, and Nevada, Missouri, Utah, South Carolina, and Virginia each have their own statute with their own day count and their own rules about how the clock starts. Because Westgate operates in so many states, there is no single universal answer, and any article that gives you one flat number for 'the Westgate rescission period' is oversimplifying. Confirm your state's rescission window by checking the specific statute cited in your purchase contract or by calling your state attorney general's consumer protection division before you assume anything. The safest move is to open your contract folder tonight, find the rescission disclosure page (Westgate is required to include one), and read the exact number of days and the exact address for sending notice. That page overrides any generic estimate found online, including this one.
When does the Westgate cancellation clock start?
In Florida, the clock starts on the day you sign the purchase agreement, or the day you receive the last required document (like the public offering statement), whichever happens later [1]. If Westgate handed you the offering statement a day after you signed, your window starts from that later date, not the signing date. This matters because Westgate's sales process at Orlando resorts often includes an in-person closing followed by mailed or emailed disclosure packets. If a document arrived after your visit ended, your rescission period may run longer than you think. Read the dates stamped on every document in your closing packet. Other states handle the trigger differently. Some start the clock strictly at contract signing regardless of when disclosures arrive. Some require the seller to deliver a specific public offering statement or governing documents before the period even begins, which can extend your effective window if Westgate was slow to deliver them. Don't guess. Check your state's statute number, printed somewhere in the contract's rescission clause, and read it directly.
How do you actually cancel, step by step?
Cancellation is a formal written notice, not a phone call and not walking into the sales office. Florida law requires the notice to be sent by certified mail, return receipt requested, to the address specified in the contract [1]. Other states may allow email or require registered mail; check your specific statute. Here's the sequence that holds up: 1. Locate the exact cancellation address printed in your Westgate contract. It's often a different address than the resort itself, sometimes a corporate or registered-agent address. 2. Write a short, clear letter stating you are canceling the purchase agreement, citing the contract number, the date of signing, and the state statute giving you the right to rescind. 3. Send it by certified mail with return receipt requested (or whatever trackable method your state requires) before midnight of the last day of your window. 4. Keep a copy of the letter, the mailing receipt, and the tracking number somewhere safe, ideally scanned. 5. Follow up in writing if you don't get a refund confirmation within 45 to 60 days; some contracts specify a refund timeline, so check yours. Don't rely on a verbal promise from a sales rep that they'll 'take care of it.' Put it in writing, send it trackable, and keep proof.
What if you already missed the rescission window?
Then rescission is off the table, and you're looking at slower, less certain paths. This is the point where most owners start Googling 'how to get out of a timeshare' and find a crowded, confusing market of exit companies, resale sites, and deed-back programs. Westgate itself doesn't run a widely marketed deed-back or surrender program the way some HOA-style resorts do, though owners occasionally negotiate a deed-back directly with Westgate on a case-by-case basis, particularly if the loan is paid off and maintenance fees are current. It's worth a direct, polite call to Westgate's owner services line to ask whether they'll take the deed back voluntarily. Get any agreement in writing before you stop paying anything. Resale is usually a financial dead end for Westgate points or weeks specifically, since the resale market for branded timeshare interests is flooded and buyers know developers will often give units away for the cost of transfer fees. Many owners list on sites like the Timeshare Users Group or eBay and get zero serious offers for months or years. Exit companies exist to help with this stage, and some are legitimate, but the industry also has a well-documented scam problem (more below). Before signing anything or paying anyone, read our guide on timeshare exit companies and compare it against your options for timeshare cancellation after the rescission period has closed.
How to get out of a timeshare after the window closes
There are basically four legitimate paths once rescission isn't available: deed-back or surrender programs, resale, a paid exit-help service, or riding it out and eventually letting it pass to heirs (not a plan we'd recommend, since debts and fee obligations can follow the estate). Deed-back programs, where they exist, are usually the cheapest way out because you're not paying a third party. Some are free, some carry a transfer or processing fee in the hundreds of dollars. Ask directly whether Westgate has a current owner-initiated deed-back or surrender option and get the terms in writing. Resale rarely recovers real money for branded points-based timeshares. The Consumer Financial Protection Bureau's consumer complaint database includes thousands of timeshare-related complaints, many describing difficulty reselling or canceling contracts [2]. Paid exit companies range from genuinely helpful firms that handle paperwork and negotiation, to outright scams that take an upfront fee and disappear. The Federal Trade Commission sued Reed Hein & Associates, which did business as Timeshare Exit Team, alleging the company charged consumers large upfront fees while falsely promising it would cancel their timeshare contracts; a federal court entered a settlement order requiring a monetary judgment exceeding $100 million and permanently banning the individual defendants from the timeshare exit business [3]. Before paying anyone, check their standing with your state attorney general's office and the Better Business Bureau, and never pay a large upfront fee to a company that promises to eliminate your contract with no risk; no legitimate company can promise that outcome for every owner. If you want a structured, DIY starting point instead of hiring a company immediately, our Exit Kit Builder walks through the deed-back inquiry letters, documentation checklist, and dispute templates for a flat $149 one-time cost, no ongoing fees, no upfront promises of a risk-free outcome.
Are timeshares scams?
The timeshare product itself is legal in every US state, so 'scam' isn't the right word for the ownership structure. But the sales tactics and the exit industry around timeshares have a long, well-documented history of deceptive practices, and that's a fair thing to be wary of. On the sales side, high-pressure presentations, exaggerated resale-value claims, and understated maintenance fee increases are common enough complaints that most state attorneys general publish specific timeshare consumer warnings. The Florida Office of the Attorney General's consumer protection division publishes guidance on timeshare resales warning owners to verify a company's licensing before paying any fee tied to a promised sale [4]. On the exit side, the FTC's complaint against Reed Hein & Associates (Timeshare Exit Team) alleged the company collected upfront fees, often thousands of dollars, and told consumers to stop paying their timeshare mortgage and maintenance fees while the company worked to cancel the contract, which in many cases damaged consumers' credit instead [3]. That's the scam pattern to watch for: a company that asks for a big payment before doing any work, promises a no-risk cancellation, and tells you to stop paying your maintenance fees or mortgage in the meantime. Stopping payments you contractually owe can trigger foreclosure, credit damage, and collection action regardless of what the exit company promised. So: the ownership isn't a scam in the legal-fraud sense, but a meaningful slice of the industry that surrounds buying and exiting timeshares absolutely is worth scam-level caution.
How much do timeshares cost?
Purchase prices and ongoing fees both matter, and both have crept up over the past decade. Consumer guidance from the Consumer Financial Protection Bureau notes that timeshare buyers should expect a purchase price plus recurring annual maintenance fees that typically rise over time, and warns that these fees are a contractual obligation regardless of how often you actually use the property [5]. Average figures cited across industry and consumer sources have generally run in the $20,000-plus range for a purchase price, with average annual maintenance fees commonly landing between roughly $1,000 and $1,300, though these vary a great deal by brand, resort, and unit size. Westgate's points-based products can run higher or lower depending on the resort, unit size, and season. A studio-level points package might start in the $10,000 to $20,000 range, while larger multi-week or presidential-level packages can run well into six figures when financed with interest. Maintenance fees on branded resorts like Westgate typically increase most years, often in the 3 to 5 percent range annually, though special assessments for storm damage, renovations, or reserve shortfalls can add hundreds or thousands of dollars in a single year on top of the regular fee. If your fees have jumped sharply, our guide on maintenance fees breaks down what's normal appreciation versus a red flag.
How to sell a timeshare (and why it's harder than you think)
Selling a timeshare is legal and sometimes possible, but the resale market is weak, and most owners recover a small fraction of what they paid, if anything. Realistic paths to sell include listing on a licensed timeshare resale marketplace, working with a licensed real estate agent in the state where the property sits (timeshare resale often requires a real estate license, depending on the state), or, for some brands, using a right-of-first-refusal or company-run resale program if one exists. Westgate does not widely publicize a company-run resale program comparable to a right-of-first-refusal system. Before listing anywhere, get the estoppel or maintenance fee status current, since most transfers require fees to be paid up through closing. Be deeply skeptical of any company that calls you out of the blue claiming they have 'a buyer already lined up' and just need an upfront fee to process the sale; this resale-scam pattern is one that state consumer protection offices, including Florida's, specifically warn owners about [4]. If a genuine sale isn't realistic (which is common for older or oversupplied resorts), a deed-back or surrender request to the resort is usually a more reliable outcome than chasing a buyer who doesn't exist.
What should you do right now if you're still inside the rescission window?
Move fast and skip the debate with yourself. If you're having buyer's remorse and you're still within your state's rescission period, the paperwork step matters more than the emotional step. Find your exact deadline date (count actual calendar days from signing or last disclosure delivery, per your state's rule). Write the cancellation letter today, even if the deadline is a week out. Send it by certified mail or whatever trackable method your state requires, today or tomorrow, not on the last possible day. Deadlines that fall on a mail delay, a postal holiday, or a lost envelope have cost real buyers their rescission rights. Don't call the sales office and ask them to 'cancel it for you' as a substitute for written notice. Verbal cancellations are not enforceable and sales offices have no legal obligation to process them on your behalf, and some owners report being talked out of canceling entirely during that call. If you want a broader walkthrough of the rescission process across different states and different timeshare brands, our hub article on how to get out of a timeshare covers state-by-state specifics beyond Westgate.
What happens after you send the cancellation notice?
Under Florida law, once you properly rescind, the seller has to refund all payments within 20 days of receiving the notice or within 5 days of receiving the funds from your down payment, whichever is later [1]. Other states set their own refund timelines, so check your specific statute. In practice, expect it to take a few weeks. Keep your certified mail receipt and any confirmation email. If the refund doesn't show up within the timeframe your state's law specifies, send a firm follow-up letter referencing the statute and the date you mailed the original notice, and consider filing a complaint with your state attorney general's consumer protection division if the company stonewalls. Don't accept a verbal 'it's processing' explanation past the statutory deadline without a written timeline in response. Timeshare companies operate at scale, and squeaky wheels get processed faster.
Westgate rescission periods by state (approximate)
| State | Statute (verify current text) | Approx. rescission period | |
|---|---|---|---|
| Florida | Fla. Stat. § 721.10 [1] | 10 calendar days | |
| Tennessee | Tenn. Code Ann. § 66-32-114 | Confirm current statute | |
| Nevada | NRS 119A.410 | Confirm current statute | |
| South Carolina | S.C. Code § 27-32-100 | Confirm current statute | |
| Missouri | Mo. Rev. Stat. § 407.616 | Confirm current statute | |
| Utah | Utah Code § 57-19-8 | Confirm current statute | |
| Virginia | Va. Code § 55.1-2218 | Confirm current statute | This table is a starting point for your own research, not a substitute for reading the actual statute text or the rescission clause in your contract. Numbers and section citations change when legislatures amend timeshare law, so verify the current version through your state legislature's website or your state attorney general's consumer page before relying on any day count here. |
Frequently asked questions
How long do I have to cancel a Westgate timeshare in Florida?
Florida Statute 721.10 gives buyers 10 calendar days to cancel a timeshare purchase, counted from the day you sign the contract or the day you receive the last required disclosure document, whichever comes later. Weekends and holidays count toward the 10 days. Send written cancellation notice by certified mail to the address in your contract before the deadline.
Does the Westgate rescission period change by state?
Yes. Westgate sells in Florida, Tennessee, Nevada, Missouri, Utah, Virginia, and South Carolina, and each state sets its own rescission period and rules for when the clock starts. There is no single national number. Check the statute cited in your contract's rescission disclosure or contact your state attorney general's consumer protection office to confirm your exact window.
How do you get out of a timeshare after the rescission period ends?
Options narrow to a deed-back or surrender request to the resort (ask directly, get terms in writing), a resale attempt (often yields little to nothing), or hiring a vetted paid exit-help service. Never pay a large upfront fee to a company that promises a risk-free cancellation; the FTC's case against Timeshare Exit Team alleged exactly that pattern and resulted in a judgment over $100 million.
How much does a Westgate timeshare cost?
Purchase prices for branded timeshares commonly run $20,000 or more, with average annual maintenance fees frequently landing between roughly $1,000 and $1,300, according to consumer guidance from the Consumer Financial Protection Bureau on timeshare costs. Westgate's points-based packages vary widely by resort and unit size, and larger financed packages can run into six figures with interest included.
Are timeshares a scam?
Timeshare ownership itself is legal in every state, so it isn't a scam in the legal-fraud sense. But sales presentations often use high-pressure tactics and overstated resale value claims, and the timeshare exit industry has a documented history of upfront-fee scams, per FTC enforcement action against Timeshare Exit Team. Caution is warranted at both ends of the transaction.
How do I sell my Westgate timeshare?
List it through a licensed timeshare resale marketplace or a real estate agent licensed in the resort's state, and make sure maintenance fees are current before closing. Realistic expectations matter: resale value for branded, points-based timeshares is usually low. Be skeptical of any caller claiming to have a buyer already lined up who needs an upfront fee first.
What happens if I miss the rescission deadline?
Rescission rights end, and you can no longer cancel the contract simply by notice. Your remaining options become a resort deed-back or surrender negotiation, a resale attempt, or hiring an exit company. Keep paying your maintenance fees and any loan payments in the meantime; stopping payments you owe can trigger foreclosure or collections regardless of what an exit company promised.
Can I cancel a Westgate timeshare over the phone?
No. Rescission requires written notice sent through a trackable method, usually certified mail with return receipt requested, to the specific address listed in your contract. A verbal request to a sales rep or owner services agent is not a legally effective cancellation and won't be documented as one if a dispute arises later.
Does Westgate have a deed-back or surrender program?
Westgate doesn't widely advertise a formal deed-back program the way some HOA-run resorts do, but owners have negotiated voluntary surrenders directly with the company, particularly when the loan is paid off and fees are current. Call owner services, ask directly, and get any agreement in writing before stopping payments.
How much do timeshare exit companies charge?
Fees vary widely, and some companies charging large upfront amounts (the FTC's case against Timeshare Exit Team described fees frequently in the thousands of dollars) have been the subject of enforcement for failing to deliver promised results. Look for companies with transparent, staged pricing, verifiable state attorney general and Better Business Bureau standing, and no promise of a specific outcome before paying anything.
What documents do I need to cancel within the rescission window?
You need the signed purchase contract (to find your exact deadline and cancellation address), the public offering statement or disclosure packet (to confirm the delivery date that may start your clock), and a written cancellation letter referencing your contract number and the applicable state statute, sent by certified mail with return receipt requested.
Can heirs cancel an inherited Westgate timeshare?
Rescission periods apply to the original buyer at the time of purchase, not to heirs receiving the timeshare later, so rescission isn't available for inherited contracts. Heirs facing an unwanted inherited timeshare typically need to explore deed-back, disclaiming the inheritance through probate court, or resale, rather than a rescission-based cancellation.
Sources
- Florida Legislature, Florida Statutes Section 721.10: Florida's 10-day rescission period, when the clock starts, certified mail requirement, and refund timeline
- Consumer Financial Protection Bureau, Consumer Complaint Database: Volume of timeshare-related consumer complaints including cancellation and resale difficulty
- Federal Trade Commission v. Reed Hein & Associates, LLC (d/b/a Timeshare Exit Team), Case No. 2:19-cv-00074 (W.D. Wash.), stipulated final order: FTC enforcement action against Timeshare Exit Team alleging deceptive upfront-fee practices and resulting monetary judgment
- Florida Office of the Attorney General, Consumer Protection Division, timeshare resale scam consumer alert: State attorney general warning about timeshare resale scams involving upfront fees for promised buyers
- Consumer Financial Protection Bureau, "What is a timeshare and what should I know before purchasing one?": Average US timeshare purchase price range and average annual maintenance fee figures cited in consumer guidance