Last updated 2026-07-25
TL;DR
You can cancel a Westgate contract only during your state's rescission window (often 5-15 days, varies by state) or through a deed-back/foreclosure route later. There's no sure exit after rescission closes. Westgate doesn't run a formal deed-back program the way some brands do, so most owners after the window either sell for very little, work with a licensed real estate attorney, or stop paying and accept the credit and foreclosure consequences.
How do you get out of a Westgate Resorts timeshare?
There are really only three doors, and the one you can use depends entirely on timing. Door one is rescission: a short legal window, set by the state where you signed, during which you can cancel for any reason and get your money back. Door two, once rescission has closed, is some combination of selling, donating, or negotiating directly with Westgate for a deed-back or surrender, which Westgate evaluates case by case rather than through an advertised standing program. Door three, when nothing else works and the owner simply can't or won't keep paying, is default and foreclosure, which resolves the contract but damages credit and can trigger a deficiency judgment in some states. Westgate Resorts is one of the largest privately held timeshare companies in the US, with properties in Florida, Nevada, Tennessee, Missouri, South Carolina, and elsewhere. Its contracts are governed by the timeshare statute of whichever state the purchase was made in, not a single company-wide policy. That matters because Florida's rescission period, Nevada's, and Tennessee's are not identical, and the clock and the required cancellation method (usually written notice, sometimes certified mail) differ by state [1][2][3]. The honest starting point for any Westgate owner is figuring out which state's law applies and confirm your state's rescission window before doing anything else, because that single fact determines whether you have a fast, free legal exit or a slower, harder negotiation ahead. For a broader walkthrough of the process across states, see how to get out of a timeshare.
What is the rescission period for a Westgate contract, and how do I use it?
The rescission period is a legally mandated window, right after you sign, when you can cancel a timeshare purchase for any reason and get a full refund of money paid to the developer. It exists specifically because timeshare sales presentations are high-pressure, and lawmakers in nearly every state decided buyers need a cooling-off period before the deal is final. The length and mechanics vary by state. Florida, where a large share of Westgate's inventory sits (Orlando, Kissimmee, Daytona), gives buyers a rescission period specified in its timeshare act, and cancellation must be in writing [1]. Nevada, home to Westgate's Las Vegas properties, sets its own period under its time share statute, and it requires written notice as well [2]. Tennessee, where Westgate has Gatlinburg and Smoky Mountain resorts, has its own rule under its Time-Share Act [3]. None of these windows are long. Some states are on the shorter end, others allow more time, so don't assume; look up the specific number for the state named in your contract. To cancel inside the window: put it in writing, say plainly that you're rescinding under [state] law, include your contract number and closing date, and send it by a method that creates proof of delivery, certified mail with return receipt is the standard move. Keep a copy of everything. Your contract itself is required to disclose the rescission period and the cancellation address, so read that section first; don't rely on a phone call or an email to a salesperson. If your rescission period has already closed, see timeshare cancellation for what comes next.
What if my rescission period already passed?
Then cancellation for any reason is off the table, and you're into the harder, slower part of getting out. This is the situation most Westgate owners writing in are actually in: they signed months or years ago, the fees crept up, and now they want out. Your realistic paths from here are: negotiate a deed-back or surrender directly with the resort, sell the contract (usually for very little or nothing), give it away, hire a licensed real estate attorney experienced in timeshare law, or eventually stop paying and let the account go to default. None of these are certain, and none of them are fast. Anyone who tells you otherwise, especially for an upfront fee, is a red flag worth pausing on. Westgate does not publish a formal deed-back program the way some competitors market one. That doesn't mean they never take deeds back; owners do report success asking directly, especially on paid-off deeded weeks with low resale value to the resort itself. But it's discretionary, not a right, and Westgate can say no. If you go this route, ask for everything in writing, confirm the maintenance fee account is truly closed (more than 'in process'), and get a recorded deed transfer, more than a verbal agreement. See deed-back programs more broadly for how these work across the industry.
Can I just stop paying my Westgate maintenance fees?
You can, but you shouldn't do it without understanding exactly what happens next, and we're not going to tell you to stop paying money you owe. Missing maintenance fee payments doesn't erase the contract; it puts you in default. What typically follows: late fees and interest accrue, the account gets referred to collections, and eventually the resort can foreclose on the timeshare interest. For deeded weeks, that's usually a lien and foreclosure process similar to real property foreclosure in that state. For right-to-use or points contracts, the mechanism differs but the resort still has contractual remedies. Foreclosure and collections activity show up on your credit report and can tank your score for years, and in some states the resort can pursue a deficiency judgment for unpaid fees and costs even after taking the timeshare back. The Consumer Financial Protection Bureau explains that a timeshare purchase is a real estate or vacation ownership interest often financed like a loan, and that missed payments on that obligation can be reported to credit bureaus and pursued through collections or foreclosure, the same as other secured debt defaults [4]. If fees have become unaffordable, talk to a housing counselor or attorney about your specific state's foreclosure and deficiency rules before deciding to stop paying; the consequences are not uniform nationwide.
Are timeshares scams?
The original purchase usually isn't fraud in the legal sense; it's a real contract, disclosed (if imperfectly) in writing, and regulated by state timeshare statutes. The problem is that timeshares are sold with heavy pressure, optimistic promises about resale value and flexibility that don't hold up, and fee structures that climb faster than many buyers expect. That's a bad deal for a lot of people, not necessarily a scam. Where actual scams show up constantly is in the exit industry. The Federal Trade Commission sued Reed Hein & Associates, LLC (which did business as Timeshare Exit Team), alleging the company charged consumers large upfront fees, commonly thousands of dollars, promising to legally release them from their timeshare contracts, and that many consumers who paid these fees remained obligated on their contracts [5]. The case resulted in a settlement barring the company's owners from future timeshare exit business and requiring payment toward consumer redress [5]. The FTC's broader guidance to consumers warns them to research any exit company thoroughly before paying anything and to be skeptical of promises that sound too certain. So the honest answer is two-part: the original timeshare purchase is a legitimate, if often regrettable, contract; the 'we'll get you out for a fee' industry that grew up around buyer's remorse has a real scam problem inside it. Treat any company that promises a certain outcome, pressures you to stop paying, or wants a big check upfront as suspect. For a fuller rundown of red flags, see timeshare exit companies.
How much do timeshares cost, and how much is a Westgate specifically?
Timeshare pricing has two layers: what you pay to buy in, and what you pay every year afterward, and the second number is the one that quietly wrecks budgets. According to the American Resort Development Association's State of the Vacation Ownership Industry report, the average purchase price for a timeshare interval has run in the low-to-mid $20,000s in recent years, and the average annual maintenance fee has run over $1,000, with both figures moving upward each year as the report updates [6]. Westgate units, sold in resort markets like Orlando and Las Vegas, commonly run higher than that average at initial sale, with larger units or higher-season weeks priced well into the tens of thousands, though the company doesn't publish a fixed price list since deals vary by resort, unit size, season, and sales promotion. Maintenance fees are the recurring cost owners underestimate most. They typically rise a few percentage points a year, and they don't stop when you stop wanting to use the unit; they stop when the deed or contract is gone. Special assessments, one-time charges for storm damage, renovations, or unexpected repairs, add another layer of unpredictability. If your Westgate maintenance fee has climbed well past what similar hotel stays would cost, that math itself is often the trigger that sends owners looking for an exit. See maintenance-fees for how fee growth compares across the industry.
How do I sell a Westgate timeshare?
You can sell it, but set expectations low: the resale market for timeshares, Westgate included, is brutal, and most sellers get little or nothing for a contract they paid tens of thousands for originally. The practical steps: get a copy of your current contract and confirm exactly what you own (deeded week, points, right-to-use), find out if Westgate has a right of first refusal on transfers (many developer contracts do), and check whether the resort has a formal owner-to-owner resale program or requires a transfer fee. List realistically, meaning at a price that reflects the actual secondary market, not what you paid. Licensed timeshare resale brokers exist, and some work on commission with no upfront fee, which is a meaningfully safer structure than paying someone hundreds or thousands upfront for a promised buyer. Be especially wary of unsolicited calls claiming they have 'a buyer already lined up' for your specific unit; this is one of the most common scam scripts in the resale space. A real buyer doesn't need you to pay an upfront 'closing fee' before a sale exists. If selling isn't realistic, donating the timeshare (some charities and specialty transfer companies accept them, sometimes for a fee that covers transfer costs) or pursuing a deed-back are usually better uses of time than chasing a resale sale that never closes.
What upfront-fee exit scams should Westgate owners specifically watch for?
Westgate owners get targeted heavily by exit scam operators, in part because Westgate's portfolio is large and well known, which makes for easy cold-call scripts ('we specialize in Westgate cancellations'). Common patterns worth recognizing: a company cold-calls or emails claiming to specialize in canceling Westgate contracts specifically, demands a large upfront fee (often $2,000 to $10,000 or more), and either does very little work, disappears, or strings the owner along for years with no result. Some tell owners to stop paying maintenance fees as part of the 'strategy,' which mainly protects the exit company (they've already been paid) while the owner absorbs the credit damage and possible deficiency judgment. The FTC's settlement with Reed Hein & Associates (Timeshare Exit Team) is a documented example of this exact pattern at scale: large upfront fees, a promised cancellation, and consumers left still obligated on their contracts [5]. Florida's Attorney General office, which oversees a large share of Westgate's resort footprint, publishes consumer alerts warning owners not to pay large sums upfront for exit promises . If a caller mentions a class-action settlement you're entitled to, or claims a 'legal loophole' only they know about, that's a script, not a fact. Verify independently before paying anyone. See timeshare call list for how these scam calls typically operate.
What's the difference between rescission, deed-back, resale, and default?
| Rescission | Days after signing only | Free (get refund) | Reliable, if done correctly in window | |
|---|---|---|---|---|
| Deed-back/surrender | Any time, resort's discretion | Often free or small fee | Not certain, resort can refuse | |
| Resale | Any time | Usually a loss, possible broker fee | Not certain, needs a buyer | |
| Default/foreclosure | After missed payments | Credit damage, possible deficiency judgment | Ends contract, but harms credit | Most owners past their rescission window end up choosing between deed-back attempts and resale, with default as the last resort when neither works and the fees are truly unaffordable. For a side-by-side on how this compares to other resorts' exit paths, see comparisons. |
These four exits get confused constantly, and picking the wrong one for your situation wastes time and sometimes money. Here's the practical breakdown. Rescission is free, fast, and only available inside your state's cancellation window right after signing; you get your money back and the contract is void. Deed-back or surrender is a negotiated agreement, later in ownership, where the resort agrees to take the deed back, usually with no resale value returned to you and sometimes for a processing fee; it's discretionary and not guaranteed. Resale is selling to a third party on the open market, typically at steep loss, and it requires an actual willing buyer, which is harder to find than most owners expect. Default is what happens when you stop paying and let the resort foreclose or send the account to collections; it ends the contract but at real cost to your credit and, in some states, exposure to a deficiency judgment. | Exit route | Timing | Cost to you | Outcome certainty |
How does an inherited Westgate timeshare get canceled?
Inheriting a timeshare is one of the most common reasons owners suddenly need an exit strategy, and it comes with its own wrinkle: you never signed a contract, so rescission never applied to you at all. When the original owner dies, the timeshare interest generally passes through their estate like any other property, meaning it may go through probate, and heirs can sometimes disclaim (formally refuse) the inheritance before accepting it, which can avoid taking on the obligation in the first place. Once accepted, though, an heir is on the hook for maintenance fees and any special assessments just like the original owner was. If you've already been contacted by Westgate about fees on an inherited unit, don't assume you're stuck. Ask a probate attorney in the deceased owner's state whether disclaimer is still available (there are time limits, often tied to state probate rules), and separately ask Westgate directly whether they'll accept a deed-back given the change in ownership. Resorts sometimes prefer taking a deed back from an uninterested heir over chasing an estate for fees. This is a case where paying for a consultation with a probate or real estate attorney is usually money better spent than paying an exit company a flat fee upfront.
Where does a $149 exit kit fit into this, and when should you pay for outside help?
There's a real difference between paying a company thousands of dollars for a promised cancellation they can't actually promise, and paying a modest, fixed amount for organized guidance, templates, and a clear checklist you use yourself. ExitHonest's $149 one-time Exit Kit Builder (at exit-kit-builder) is built around that second model: it doesn't promise to cancel your Westgate contract, contact the resort on your behalf, or promise any specific outcome, because no legitimate company can honestly promise a fixed result outside a rescission window. What it does is help you organize the actual documents (your contract, payment history, correspondence), identify which state's rescission or deed-back rules apply to your situation, and draft the letters and notices you'd need whether you're rescinding in time, requesting a deed-back, or documenting a dispute. If a company asks for more than a few hundred dollars before doing any visible work, or promises a specific result with certainty, that's the moment to slow down and verify their standing with your state attorney general's consumer protection office before paying anything further.
What should I do right now if I want out of my Westgate timeshare?
Start with the calendar, not a phone call to a cancellation company. Pull your closing date and figure out, in writing, whether your state's rescission period has already closed; that single fact changes everything about which of the remaining paths make sense. If you're still inside the window: send written rescission notice today, by certified mail, referencing your state's timeshare statute and your contract number, and keep proof of mailing. Don't wait, and don't rely on a phone call. If the window's closed: gather your contract, deed, and payment history, check whether you're current on fees (a resort is far less likely to negotiate a deed-back with a delinquent account), and contact Westgate directly to ask about a deed-back or surrender before paying any third party. If fees are genuinely unaffordable and no exit is materializing, talk to a housing counselor or attorney about the actual foreclosure and credit consequences in your state before deciding to stop paying, rather than guessing. And whatever else you do, verify any company you're considering paying against your state attorney general's office and the FTC's consumer alerts before sending money [5]. For a full state-by-state walkthrough, see how do you get out of a timeshare and how to get out of timeshare.
Frequently asked questions
How to get out of a timeshare with Westgate specifically?
If you're still inside your state's rescission window, cancel in writing by certified mail, citing the statute and your contract number. If the window's closed, your main options are negotiating a deed-back directly with Westgate, attempting resale (expect a steep loss), or, as a last resort, default, which damages credit. There's no fast, certain exit once rescission closes.
How to get out of timeshare contracts in general, more than Westgate?
Every timeshare contract is governed by the state's timeshare act where you signed. The only reliable cancellation is rescission within that state's short window. After that, you're negotiating (deed-back, resale) or defaulting. There's no universal federal cancellation right; it's state law, so confirm your specific state's rescission period and deed-back rules first.
How do you get out of a timeshare after the rescission period ends?
You negotiate. Ask the resort directly about a deed-back or surrender program, try reselling through a licensed broker (expect low or no return), consider donating if the resort or a transfer company accepts it, or consult a real estate attorney. Stopping payment ends the contract eventually but through foreclosure or collections, which harms credit.
How to sell a timeshare for a fair price?
Most timeshares resell for far less than purchase price, sometimes nothing. Use a licensed resale broker who works on commission, not upfront fees. Check if the resort holds a right of first refusal. Be skeptical of anyone claiming they already have a buyer lined up and asking for a fee before any sale closes; that's a common scam script.
How to sell timeshare shares if the market won't take them?
If no buyer exists, consider a deed-back to the resort, a donation to a charity or transfer specialist that accepts timeshares, or working with an attorney to explore surrender options. Some owners ultimately let the contract go to foreclosure when fees are unaffordable and no sale materializes, accepting the credit consequence deliberately rather than by neglect.
How to get rid of a timeshare you inherited?
Ask a probate attorney whether you can still disclaim the inheritance before accepting it, since disclaiming can avoid taking on the obligation entirely. If you've already accepted it, contact the resort about a deed-back given the change in ownership; resorts sometimes prefer this to chasing an estate for fees.
Are timeshares scams, or just bad deals?
The original purchase contract is usually legal and disclosed, just often a poor financial deal due to rising fees and weak resale value. Real fraud concentrates in the exit industry: the FTC sued Reed Hein & Associates (Timeshare Exit Team) over large upfront fees paid for cancellations that often didn't happen. Verify any exit company before paying.
How much is a timeshare on average?
ARDA's State of the Vacation Ownership Industry report has put the average purchase price in the low-to-mid $20,000s and the average annual maintenance fee above $1,000 in recent editions. Westgate units, sold in markets like Orlando and Las Vegas, often price above that average depending on unit size, season, and resort, since the company doesn't publish a fixed price list.
How much do timeshares cost per year after purchase?
The recurring cost is the maintenance fee, which recent ARDA industry reports put above $1,000 a year on average, and it typically rises a few percent annually. Special assessments for repairs or storm damage add unpredictable extra costs on top, which is the main reason owners look for an exit years after buying.
How much are timeshares worth on resale?
Often very little. Many timeshare interests resell for a few hundred dollars or less, and some sell for $1 just to transfer the deed and its fee obligation off the original owner. Resale value bears little relationship to the original purchase price, which frequently runs into the tens of thousands.
Can I cancel my Westgate timeshare over the phone?
No. Rescission generally must be done in writing, and most state timeshare statutes and Westgate's own contract require written notice, often by certified mail, to the address specified in your contract. A phone call to a salesperson doesn't create the legal proof of cancellation you need if a dispute arises later.
What happens if I stop paying Westgate maintenance fees?
The account goes into default: late fees and interest accrue, it may go to collections, and the resort can eventually foreclose on the interest. This appears on your credit report and, in some states, can result in a deficiency judgment for remaining balances. It's not a clean or certain way to exit.
Does Westgate have an official deed-back program?
Westgate doesn't publish a standing deed-back program the way some competitors advertise. Owners do report success requesting a deed-back or surrender directly, particularly on paid-off deeded weeks, but it's evaluated case by case at the resort's discretion, not a contractual right you can demand.
Sources
- Florida Statutes Section 721.10, Cancellation, refund: Florida's timeshare rescission period and written cancellation requirement
- Nevada Revised Statutes Chapter 119A.410, Cancellation of purchase agreement: Nevada's timeshare rescission and cancellation notice requirements
- Tennessee Code Annotated Section 66-32-114, Cancellation of purchase contract: Tennessee's timeshare rescission period under its Time-Share Act
- Consumer Financial Protection Bureau, "What is a timeshare?": Timeshare default and foreclosure are reported to credit bureaus like other secured debt defaults
- Florida Office of the Attorney General, consumer protection consumer alerts: Florida AG warnings against paying large upfront fees for timeshare exit promises
- Consumer Financial Protection Bureau, Consumer Complaint Database (timeshare-related debt collection complaints): Consumers report collections and credit reporting activity tied to unpaid timeshare obligations