Last updated 2026-07-24

TL;DR
Westgate Resorts sales contracts fall under Florida timeshare law, which gives buyers 10 calendar days to cancel for any reason (Fla. Stat. 721.10). Miss that window and you're into deed-back requests, resale, or paid exit help, with upfront-fee scams a real risk. Never stop paying maintenance fees while you sort this out; unpaid fees can lead to foreclosure and credit damage.
How do I cancel a Westgate timeshare?
Westgate Resorts sells timeshare interests mostly in Florida, Nevada, Tennessee, Missouri, South Carolina, and a few other states, and the cancellation rules depend on where you actually signed your contract, not where you live. Florida is Westgate's home turf (Orlando, Kissimmee, Miami) and Florida Statute 721.10 gives buyers a 10 calendar day rescission period starting the day you sign or the day you get the last required disclosure document, whichever is later [1]. That statute is blunt about it: a purchaser "has the right to void the contract by delivering written notice of the purchaser's cancellation... within 10 calendar days after the date of execution of the contract" [1]. You don't need a reason. You don't need Westgate's permission. You just need to send the notice correctly and on time. If you're outside that window, cancellation gets a lot harder because you're no longer talking about a legal right, you're talking about persuading Westgate to let you out voluntarily (deed-back) or finding another way off the deed (resale, or paid exit help). Confirm your state's rescission window before you assume Florida's 10 days apply. Nevada gives 5 calendar days (NRS 119A.410) [2], and other states vary, so check the contract state listed on your purchase agreement, not your home address. For the general legal mechanics of rescission across states, see how to get out of a timeshare.
What is the Westgate rescission window and how do I use it?
If you bought in Florida, you have 10 calendar days from signing (or from receiving the final disclosure, if later) to cancel under Fla. Stat. 721.10 [1]. Weekends and holidays count in that 10 days, so don't assume you get extra time. The statute specifies how notice has to work: written notice of cancellation, delivered to the seller's address stated in the contract. Florida law also says any attempt to waive this right is void, and the developer can't charge you a cancellation fee for exercising it [1]. Practically, that means: - Put your cancellation in writing. A phone call to a salesperson doesn't count and won't create a record.
- Send it by a method that proves delivery and date, certified mail with return receipt is the standard move, and keep a copy of everything.
- Address it exactly where the contract says to send cancellation notices, not to a generic Westgate customer service line.
- Do this before day 10 runs out. Don't wait to "think it over" past the deadline, because after day 10 the statutory right is gone. If you bought at a Westgate resort in another state, the same logic applies with a different clock. Missouri, for example, sets its own cancellation window under its Time-Share Act [3]. Tennessee's Time-Share Act sets its own disclosure and cancellation requirements too [4]. Read the contract's own cancellation clause first; it should restate the deadline and mailing address required by that state's law.
What happens if I miss the rescission deadline?
Once the statutory window closes, you own the timeshare (or you're locked into the purchase agreement if it's a right-to-use product) and the legal exit ramp is gone. From here, every option is voluntary, contractual, or a resale transaction, not a legal right. That doesn't mean you're stuck forever, but the realistic paths are narrower and slower: a deed-back or exit program the resort itself offers, a resale to another buyer, or paid help through an exit company or DIY approach. It's also the point where scam offers start circling, because desperate owners past their rescission window are exactly who timeshare exit scammers target. One thing that does not change after rescission expires: your obligation to pay maintenance fees and any loan balance you owe. Stopping payments doesn't get you out of the contract, it just adds late fees, hits your credit, and can eventually lead to foreclosure on the timeshare interest, which stays on your credit report. If the fees are the real problem, our [maintenance fees hub] and the fee-specific guidance are worth reading before you make any payment decision.
Does Westgate have a deed-back or exit program?
Westgate has, at times, offered its own deed-back or transfer programs, sometimes marketed under names tied to specific resorts or "exit" assistance run through the company itself. Programs like this change over time and aren't automatic and aren't a legal right the way rescission is; nobody can promise you a spot in one. If you want to explore this route, contact Westgate's owner services or the resort directly and ask specifically whether they have a current deed-back, surrender, or exit program, what it costs (some charge an administrative or transfer fee), and whether it requires the account to be current on fees and any loan balance. Get any offer in writing before you sign anything or pay anything. We don't contact resorts or developers on a reader's behalf, and no legitimate source can promise you'll be accepted into a deed-back program, since resorts generally have discretion over which deeds they'll take back (some resorts won't take back a deed if there's a mortgage balance, unpaid fees, or if the unit is otherwise hard to resell). Ask in writing, get the terms in writing, and don't pay anything upfront on a verbal promise. For the broader landscape of deed-back options across the industry, our [deed-back programs] coverage explains how these typically work and where they tend to fall short.
Can I sell my Westgate timeshare instead of canceling it?
Yes, and for a lot of owners past their rescission window, resale is the more realistic move than trying to get Westgate to take it back. The catch: timeshare resale value is almost always a small fraction of what you paid, and many interests sell for $1 or close to it on the secondary market, or don't sell at all. The American Resort Development Association (ARDA), the timeshare industry's own trade group, and consumer advocates alike acknowledge the resale market is weak; owners routinely list units for a dollar just to transfer the deed and stop owing fees, rather than expecting a profit. If you go this route: - Never pay a large upfront fee to a company that promises to "sell" your timeshare fast. That's one of the most common timeshare scam patterns the FTC and state AGs warn about [5].
- Check licensed timeshare resale marketplaces and be realistic about price.
- Understand that even a $1 sale requires closing costs and a deed transfer, and the buyer has to be someone willing to take on the maintenance fee obligation going forward.
- Confirm the transfer is fully recorded, so you're not still legally on the hook for fees after the sale closes. For more on realistic pricing and process, see [how to sell a timeshare] guidance generally; there's no Westgate-specific resale program that changes these basic economics.
How much does a Westgate timeshare cost?
Timeshare purchase prices vary enormously by resort, unit size, season, and points package, but industry-wide data gives a useful benchmark. ARDA's 2023 State of the Vacation Ownership Industry report put the average price paid for a timeshare interval at roughly $23,940, based on 2022 sales data . Westgate's own price points for a deeded week or points package commonly run from the high teens of thousands into the $30,000-$50,000+ range depending on the resort and unit, though we don't have a Westgate-specific published average to cite, so treat that as a general market range, not a quoted Westgate figure. On top of the purchase price, annual maintenance fees are the recurring cost that catches a lot of owners off guard. ARDA's same report put average annual maintenance fees around $1,000-$1,200 per interval in recent years, and fees for larger units or luxury resorts can run well above that . Special assessments, one-time charges for major repairs or storm damage, are separate and can run into the thousands with little warning. If financed, timeshare loans often carry high interest rates, sometimes in the mid-teens percentage range, which is another reason total cost of ownership over a decade or two can dwarf the sticker price. None of these costs disappear if you stop paying; they turn into collections activity and credit damage instead.
Are timeshares a scam?
The timeshare product itself is legal and regulated; owning one isn't a scam by definition. But the sales process has a long, well-documented history of high-pressure tactics, and the exit side of the industry has a serious scam problem that state regulators and the FTC actively warn about. The FTC has brought enforcement actions against timeshare exit and resale companies for deceptive practices, including a case against Timeshare Exit Team and related entities alleging the company took upfront fees while failing to deliver promised cancellations. Multiple state attorneys general, including Florida's, take consumer complaints specifically about upfront-fee timeshare exit scams, where a company charges thousands of dollars in advance and then does little or nothing [5]. So the honest answer is nuanced: the timeshare contract is a real, enforceable financial product, often oversold with misleading claims about investment value or ease of resale. The bigger scam risk usually shows up later, when a struggling owner searches "cancel my timeshare" and finds a company promising an exit for a large upfront fee. Watch for these red flags: - Demands full payment before any work is done
- Guarantees cancellation or claims a "100% success rate"
- Tells you to stop paying maintenance fees or your mortgage
- Pressures you to sign quickly or use a specific attorney they recommend
- Won't put fee structure and refund terms in writing For a rundown of common scam tactics, see [exit scam awareness] coverage.
What are my realistic options after the rescission window closes?
| Resort deed-back / exit program | Ask Westgate directly if a current program exists | Sometimes free, sometimes an admin fee | Not guaranteed, discretionary, account must often be current | |
|---|---|---|---|---|
| Resale (private or licensed marketplace) | List and transfer the deed to another buyer | Closing costs, often $1 sale price | Weak demand, takes time, must confirm transfer is recorded | |
| Gifting or donating | Transfer to a willing party, sometimes via a licensed transfer company | Transfer/closing fees | Hard to find a taker; some "donation" schemes are scams themselves | |
| Paid DIY exit toolkit | Self-directed cancellation letters, dispute templates, guidance | One-time flat fee (for example, our $149 Exit Kit) | Requires your own follow-through; not a guarantee | |
| Timeshare exit company | Company negotiates or litigates exit on your behalf | Often $2,000-$8,000+ upfront, sometimes more | Highest scam exposure; verify licensing and complaint history first | |
| Do nothing / keep paying | Continue owning and paying fees | Ongoing annual fees + assessments | Fees typically rise over time; doesn't solve underlying problem | Before paying anyone a large upfront sum, check the company against your state attorney general's consumer complaint database and the Better Business Bureau, and ask for a written contract with a clear refund policy. Our [timeshare exit companies] page walks through how to vet a company if you go that route, and our [timeshare call list] tracks contact points worth trying first. |
Here's the honest map of where owners past their deadline usually end up, roughly ordered by how much control you have: | Option | What it involves | Realistic cost | Main risk |
What if I inherited a Westgate timeshare I don't want?
Inherited timeshares are one of the most common reasons people search for Westgate cancellation help, and the rules are different from a rescission scenario because there's no fresh contract to rescind. When someone dies owning a timeshare, the interest normally becomes part of their estate. Heirs generally aren't personally liable for the resort's maintenance fees just because they inherited the property, but the estate is, and if the deed passes to you through probate, you can become the owner (and responsible for fees going forward) unless you formally decline it. Disclaiming an inheritance is a real legal option in most states: you can refuse to accept the interest, which then passes according to the will or state intestacy law, effectively skipping you. This has to be done properly and within deadlines set by state law (often within nine months for federal tax disclaimer purposes under 26 U.S.C. 2518, which many states' disclaimer statutes track for state law purposes too) , so talk to a probate attorney in the deceased's state before assuming you're stuck. If you've already accepted the deed or the disclaimer window has passed, you're in the same boat as any other owner past rescission: deed-back request, resale, or paid help are your remaining paths.
How do I know a Westgate cancellation offer isn't a scam?
A few concrete checks before you send money to anyone claiming they can cancel your Westgate contract: First, verify they're not asking for large payment upfront with no escrow or milestone structure. The FTC's action against Timeshare Exit Team specifically alleged the company collected large upfront fees before performing the promised cancellation work, a pattern the agency has flagged repeatedly. Second, check your state attorney general's website for consumer alerts naming that specific company. Florida's Attorney General office, for instance, takes timeshare-related consumer complaints through its Consumer Protection division complaint portal [5]. Third, ask for their success rate in writing, and be skeptical of anything close to 100%; no company can promise an exit because Westgate isn't obligated to release you from a valid contract just because a third party asks. Fourth, never let anyone tell you to stop paying maintenance fees or a timeshare loan while "the process" plays out. That advice, common in scam pitches, damages your credit and can trigger foreclosure regardless of what happens with any exit attempt. If you want a lower-cost, lower-risk starting point instead of paying a large exit company retainer, a flat-fee, one-time toolkit (our Exit Kit runs $149 as a single purchase, not a subscription or commission-based fee) gives you the letter templates, deadline tracking, and step-by-step process without the upfront-thousands exposure. It doesn't promise any outcome, but it doesn't carry the same scam risk profile as a company demanding $5,000 before doing anything.
What should I check in my Westgate contract before doing anything else?
Pull your actual purchase agreement before you call anyone. Look specifically for: - The contract execution date and the state named for governing law, this tells you which state's rescission statute applies, not your home address
- The cancellation notice address printed in the contract (often a specific Westgate legal or corporate address, not a resort front desk)
- Whether it's a deeded (real property) interest or a right-to-use / points-based product, since this affects what "deed-back" even means for your specific contract
- Any loan or financing agreement attached to the purchase, since a separate lender may need separate notice
- The maintenance fee schedule and any special assessment history, so you know what you're financially exposed to right now, this week, regardless of what exit path you pursue If you can't find your contract, request a copy from Westgate directly; you're entitled to your own purchase documents. Don't make any decision, including paying an exit company, based on your memory of what you signed years ago.
Frequently asked questions
How do I get out of a Westgate timeshare?
If you're still inside your rescission window (10 calendar days in Florida under Fla. Stat. 721.10), send written cancellation notice to the address in your contract before the deadline. After that window, options are a resort deed-back request, resale, or paid exit help; none are guaranteed, and you keep owing fees until the deed is transferred or the contract otherwise ends.
How to get out of a timeshare after the rescission period ends?
Ask the resort directly about a deed-back or surrender program in writing, try reselling through a licensed marketplace (often for $1 plus closing costs), or use a flat-fee exit toolkit or vetted exit company. Keep paying maintenance fees during this process; stopping payment risks foreclosure and credit damage regardless of your exit strategy.
How do you get out of a timeshare if you inherited it?
If you haven't formally accepted the inherited deed, you may be able to disclaim the inheritance under your state's law, which passes it to the next heir instead of you. Disclaimers have strict deadlines, often tied to the nine-month window referenced in federal tax law (26 U.S.C. 2518), so consult a probate attorney quickly.
How to sell a timeshare like a Westgate week or points package?
List it through a licensed timeshare resale marketplace and set realistic price expectations; most resale interests sell for very little, sometimes $1, because supply far outpaces demand. Confirm the deed transfer is fully recorded so you're not still liable for fees after closing, and never pay a large upfront fee to a company promising a fast sale.
How to get rid of a timeshare you no longer want or use?
Start by checking your rescission window and contract terms, then explore a resort deed-back program, resale, or a documented gift/transfer to a willing party. Avoid companies charging thousands upfront while promising a certain cancellation; the FTC and state attorneys general specifically warn about this pattern in timeshare exit scams.
Are timeshares scams?
Timeshares are legal, regulated financial products, not scams by definition, but sales practices have a documented history of high pressure and misleading claims about resale value. The bigger scam risk is on the exit side: the FTC has sued exit companies like Timeshare Exit Team over upfront fees and cancellations they allegedly didn't deliver.
How much is a timeshare, on average?
ARDA's 2023 State of the Vacation Ownership Industry report put the average price paid per timeshare interval at about $23,940, based on 2022 sales, plus average annual maintenance fees in the roughly $1,000-$1,200 range. Actual price varies widely by resort, unit size, and points package.
How much do timeshares cost to own each year?
Beyond the purchase price, expect annual maintenance fees (industry average roughly $1,000-$1,200 per ARDA's 2023 report) plus occasional special assessments for repairs, which can run into the thousands with little warning. Financed purchases add interest costs, sometimes at rates in the mid-teens percentage range.
How much are timeshares if I buy resale instead of from the developer?
Resale prices are typically far below developer prices, often $1 to a few hundred dollars for the deed itself, because the secondary market is oversupplied. You'll still owe closing costs and take on the ongoing maintenance fee obligation, so the real cost is in the fees, not the purchase price.
What is Westgate's rescission period for canceling a new contract?
For Florida-signed contracts, it's 10 calendar days from signing or from receiving the last required disclosure, whichever is later, under Fla. Stat. 721.10. Other states where Westgate sells (Nevada, Missouri, Tennessee, South Carolina, and others) have their own statutory windows, often shorter, so check the state named in your contract.
Can I stop paying my Westgate maintenance fees while I try to cancel?
No. Stopping payment doesn't cancel the contract and can trigger late fees, collections, and eventually foreclosure on the timeshare interest, which damages your credit. Keep paying what you owe while you pursue rescission, a deed-back request, resale, or other exit options.
Does Westgate offer its own exit or deed-back program?
Westgate has offered deed-back or transfer options at various times, but availability, eligibility, and cost change and aren't automatic. Contact Westgate owner services directly, ask for current program terms in writing, and don't pay anything based on a verbal promise alone.
What red flags mean a Westgate cancellation company might be a scam?
Watch for large upfront fees before any work starts, 100% success claims, pressure to stop paying maintenance fees or your loan, and refusal to put fees and refund terms in writing. The FTC and multiple state attorneys general have published specific warnings about these patterns in the timeshare exit industry.
Sources
- Nevada Legislature, NRS 119A.410: Nevada timeshare law sets a 5 calendar day rescission period
- Missouri Revisor of Statutes, Chapter 407 (Merchandising Practices, Time-Sharing): Missouri sets its own statutory cancellation window for timeshare purchases
- Tennessee Code, Title 66, Chapter 32, Section 66-32-114 (Tennessee Time-Share Act, cancellation rights): Tennessee has its own Time-Share Act governing disclosure and cancellation requirements
- Cornell Law School Legal Information Institute, 26 U.S.C. 2518: Federal law sets a qualified disclaimer framework, generally requiring disclaimer within nine months, that many states' inheritance disclaimer rules track
- Florida Office of the Attorney General: Florida law provides a rescission period during which timeshare buyers can cancel their purchase contract.
- Cornell Law School Legal Information Institute: Federal truth-in-lending disclosures apply to consumer credit transactions, including timeshare financing.
- Florida Legislature: Florida statute outlines requirements for timeshare public offering statements and required disclosures before purchase.
- Florida Legislature: Florida statute defines requirements for timeshare instruments and contract terms that consumers should review before canceling.
- Consumer Financial Protection Bureau: Timeshares are a form of shared ownership that can be difficult and costly to exit once purchased.