Westgate timeshare rescission period: how to cancel fast

Last updated 2026-07-26

What is the Westgate timeshare rescission period?

The rescission period is the short window after you sign a Westgate purchase contract when you can cancel for any reason and get your money back. It is not a Westgate policy. It is a legal right created by the state where you signed, and Westgate has to honor whatever that state requires. Most Westgate resorts sit in Florida (Orlando, Daytona, Miami), so most buyers fall under Florida's timeshare law. Florida Statute 721.10 gives purchasers the right to cancel "until midnight of the 10th calendar day following the date on which the purchaser executed the contract" ^[1]. That's 10 calendar days, not business days, and it starts the day you sign, not the day you get home. If you signed at a Westgate property outside Florida (Westgate has resorts in states like Tennessee, Missouri, South Carolina, and Nevada, among others), a different state's rescission statute applies. Always confirm your state's rescission window using the contract's disclosure page and the actual statute, because the day count and the rules about notarization or delivery method are not identical everywhere. This window exists because timeshare sales happen under real pressure. Hours-long presentations. Free gifts. High-pressure closers. State legislatures decided buyers need a cooling-off period free of that pressure to change their minds.

How many days do I have to cancel a Westgate contract?

Florida	10 calendar days	Fla. Stat. 721.10 [1]
California	7 calendar days	Cal. Bus. & Prof. Code 11024 [2]
Nevada	5 calendar days	NRS 119A.410 [3]
South Carolina	5 business days	S.C. Code 27-32-30 [4]
Tennessee	10 calendar days	Tenn. Code 66-32-114 [5]	Because Westgate operates resorts in several of these states, the correct answer to "how many days do I have" depends entirely on where your contract was signed and which state's law governs it. Check the rescission disclosure page inside your purchase packet.

In Florida, you have 10 calendar days from the date you signed. That is the hard number in the statute, and it's one of the shorter windows in the country ^[1]. Some states give more time, some give less, and a handful of states don't have a timeshare-specific rescission statute at all, in which case general contract and consumer protection law may still apply, but you should confirm this with your state attorney general's consumer protection office. Here's a quick comparison of the range you'll see across common timeshare states: | State | Rescission window | Statute |

How do I actually cancel during the rescission window?

You cancel in writing, and you do it exactly the way your contract says to, no shortcuts. A phone call to Westgate is not legal notice of rescission in Florida or almost any other state. You need a signed, dated letter that clearly says you are canceling the contract under your state's rescission statute, and you need to send it in a way you can prove. Florida law requires the cancellation notice to be sent to the address specified in the contract, and it's effective when it's postmarked, deposited with an overnight courier, or delivered, not when Westgate receives and processes it ^[1]. That timing detail matters enormously. If your 10th day is a Saturday, get it into the mail (or courier) that day. Don't wait for Monday. Practical steps that actually work: - Send by certified mail with return receipt, or a trackable overnight service. Keep the receipt and tracking number forever.

• Also email a copy to whatever address is in the contract, as a backup, even though certified mail is your primary proof.
• Keep a copy of the signed letter, the envelope, and the postmark for your own file.
• Reference the exact statute number in your letter (e.g., "pursuant to Florida Statute 721.10").
• Do not sign anything new, don't agree to a "downgrade" call, and don't let a salesperson talk you into an extension or upgrade instead of canceling outright. If you're within the window, this is genuinely one of the few clean exits in the entire timeshare world. It costs you a stamp and a little paperwork, and it works. For the wider version of this process across other brands and states, see how to get out of a timeshare.

What if I missed the Westgate rescission deadline?

If your window closed, rescission is off the table, and you own the contract the way you signed it. That doesn't mean you're stuck forever, but it does mean your options get slower and more complicated. Westgate, like most major developers, has offered deed-back or surrender programs at various points for owners who are current on payments and want out. These programs are not required by law and eligibility criteria change, so you'd need to contact Westgate directly to ask what's currently available and read every term before signing anything. Some deed-back programs charge a transfer or administrative fee. Some don't accept certain unit types or delinquent accounts. Resale is another route, though timeshare resale values are famously low. A 2023 industry study by the American Resort Development Association found the average per-interval purchase price for a timeshare was $23,940 in 2023 , but resale platforms routinely show identical or similar intervals listed for $1 to a few thousand dollars, because the resale market has almost no demand relative to supply. Don't expect to recover your purchase price. You can also just keep the timeshare and keep paying maintenance fees if that's financially workable for you, especially if you use it. Not every timeshare owner needs an exit. The problem is usually rising fees or a mismatch between the product and your life, not the contract itself. If you're evaluating whether an exit path or a deed-back is realistic for your situation, timeshare cancellation walks through the post-rescission landscape in more detail.

How do you get out of a timeshare after the window closes?

Outside rescission, there are basically four legitimate paths, and no fifth shortcut, no matter what a cold caller tells you. First, ask the developer about a deed-back or surrender program. Some developers, including Westgate at various times, will take a deed back from owners current on fees, sometimes for a fee, sometimes for free, depending on the resort and your account status. This is worth checking before spending money anywhere else. Second, sell it yourself or through a licensed resale broker. Expect a low sale price or even a $1 sale, since the buyer usually just wants to avoid future fees, not gain equity. Never pay an upfront fee to a company promising a buyer is "waiting" for your unit. Third, hire a licensed real estate attorney in the state where the resort sits to review your contract for a legitimate legal exit, such as a material misrepresentation claim, if the facts support it. This costs real money and isn't guaranteed to work, but it's a legal path, not a promise-based one. Fourth, some owners use a paid exit-preparation service that helps them organize documents, drafts and letters, and understand deed-back or attorney options, rather than promising any specific outcome. That's the category our $149 Exit Kit falls into: it's a document and process toolkit, not a company that contacts Westgate or the state for you, and it makes no promises about the result. You can look at what's inside at /exit-kit-builder. Whatever path you pick, never stop paying your maintenance fees or loan while you're trying to sort this out unless a court, statute, or your own lender tells you otherwise. Missing payments creates a separate, worse problem: collections, credit damage, and possibly foreclosure on the timeshare interest, on top of whatever exit issue you started with.

Are timeshares scams?

The base timeshare product isn't a scam in the legal sense. It's a real, disclosed contract for a real interest in vacation property or points, and Westgate and other major developers are regulated by state real estate and timeshare statutes. What generates the "scam" reputation is the sales pressure and, separately, a large and aggressive exit-scam industry that preys on owners after the fact. The Federal Trade Commission has brought enforcement actions against companies that charged large upfront fees, sometimes thousands of dollars, promising to cancel timeshares and then doing little or nothing. In one case, the FTC obtained a permanent ban and judgment against the operators of Timeshare Exit Team and related entities over deceptive upfront-fee practices . So the honest answer is two-part: the original purchase is a real contract with real terms, often oversold and overpriced relative to resale value, and the secondary market around "getting you out" is where actual scams concentrate. If someone cold-calls you claiming they can cancel your Westgate contract with total certainty, or asks for a large fee before doing any work, that's the red flag, not the existence of a timeshare industry itself. For a rundown on how to vet a company before paying anyone, see timeshare exit companies.

How much do timeshares cost?

The average purchase price of a timeshare interval was $23,940 in 2023, according to ARDA's State of the Vacation Ownership Industry report . That's a national average across brands and unit types, so a specific Westgate unit could run higher or lower depending on resort, season, and unit size. On top of the purchase price, owners pay annual maintenance fees. ARDA's data put the average annual maintenance fee at $1,205 in 2023 , and these fees reliably rise year over year, often faster than general inflation, because they cover resort upkeep, taxes, insurance, and reserve funds. Special assessments (one-time charges for major repairs or storm damage) come on top of the regular fee and are unpredictable in both timing and amount. Financing makes the real cost higher still. Timeshare loans, when offered by the developer, commonly carry interest rates well above typical mortgage or even many personal loan rates. Buyers should compare any offered financing against outside options like a personal loan or credit union loan before signing, since the disclosed APR in the contract is the number that matters for your budget, not any verbal estimate. If your ongoing costs, not the original decision, are what's pushing you toward an exit, our maintenance fees hub on this site covers how fees are set and what your real options are when they climb.

Can I get help from an attorney or a state agency instead of an exit company?

Yes, and for a lot of owners this is the cleaner route once rescission has closed. A real estate attorney licensed in the state where the resort sits can review your contract for actual legal defects, tell you honestly if you have a claim, and charge you an hourly or flat fee tied to real work, not a vague promise. State attorneys general also track timeshare exit complaints and sometimes publish warnings or settlement information specific to companies operating in that state. Florida's Department of Agriculture and Consumer Services, for example, handles timeshare resale and advertising complaints under Florida's consumer protection statutes, and checking a company's complaint history there before paying anyone is free and takes minutes. Ask any attorney upfront what a realistic outcome looks like and what it costs regardless of outcome. A good attorney will tell you plainly if your facts don't support a legal claim, rather than taking your money and stringing you along. That kind of honest "this probably won't work" answer is worth more than a smooth sales pitch, because it saves you from spending thousands chasing a result the facts don't support.

Frequently asked questions

How to get out of a timeshare with Westgate specifically?

If you're still in your state's rescission window, cancel in writing per your contract's instructions and the statute (10 days in Florida under Fla. Stat. 721.10). After that, ask Westgate about deed-back or surrender options, consider resale, or consult a real estate attorney. Never pay a large upfront fee to a company promising a certain outcome it can't legally guarantee.

How to sell a timeshare after the rescission period closes?

List it through a licensed timeshare resale broker or a reputable secondary marketplace, and set expectations low; many intervals resell for $1 to a few thousand dollars because supply vastly exceeds demand. Never pay an upfront fee to anyone claiming they already have a buyer lined up before you've paid them.

How do you get out of a timeshare if you inherited it?

Inherited timeshares are usually past any rescission window, since that only applies to the original purchaser. Options are the same as any owner past rescission: ask the developer about deed-back, sell it (often for very little), disclaim the inheritance through the estate process before accepting it if you catch it early enough, or consult a probate or real estate attorney.

How much is a timeshare and is it worth the ongoing cost?

The average purchase price was $23,940 in 2023 with an average $1,205 annual maintenance fee, per ARDA's industry report. Whether it's "worth it" depends entirely on how often you use it versus what you'd pay for equivalent vacations, and whether fees keep climbing faster than your budget can absorb.

Are timeshares scams or legitimate contracts?

The purchase contract itself is legitimate and regulated by state law. The scam risk concentrates in the exit industry: the FTC has taken action against companies charging thousands upfront and delivering nothing. Research any company, check state attorney general complaint records, and never pay large sums before services are performed.

What is the Westgate rescission period in Florida?

Ten calendar days from the date you signed the contract, running until midnight of the 10th day, under Florida Statute 721.10. This applies to most Westgate resorts, since the bulk of them are in Florida. Cancellation must be in writing and sent per the method described in your contract.

Can I cancel my Westgate contract by phone or email only?

No. Florida law and most state timeshare statutes require written cancellation sent to the address in the contract, effective on postmark or delivery, not a phone call. Email alone may not satisfy your contract's notice provision either, so send by certified mail or trackable courier and keep proof, with email as a backup copy only.

What happens if I stop paying my Westgate maintenance fees?

Unpaid fees typically go to collections, accrue interest and late charges, and can eventually lead to foreclosure on the timeshare interest and damage to your credit. Don't stop paying as a strategy to force an exit; work through rescission, deed-back, resale, or legal review while staying current, unless a court or your lender tells you otherwise.

How much do timeshare exit companies charge?

Amounts vary widely, and some scam operators have charged thousands of dollars upfront with little delivered, per FTC enforcement history. Legitimate document-preparation tools, like a one-time-fee exit kit, cost far less and make no promises about outcome, since no company can legally guarantee cancellation.

Does Westgate offer a deed-back or surrender program?

Westgate has offered deed-back or surrender options at various times for owners current on payments, but availability and terms change and aren't guaranteed by law. Contact Westgate directly to ask what's currently offered, read all fees and conditions, and don't assume a deed-back is automatic or free.

Is 10 days enough time to decide on a Westgate contract?

It's short, and that's intentional, it's meant to be a real cooling-off period, not a leisurely review. If you have any doubt during a Westgate presentation, don't sign that day if you can avoid it, or plan to send a rescission letter well before day 10 if you do sign and change your mind.

What states have Westgate resorts and different rescission rules?

Westgate operates resorts in states including Florida, Nevada, Tennessee, Missouri, South Carolina, and others. Each state sets its own rescission window (commonly 3 to 15 days), so confirm the specific statute and deadline printed in your contract's disclosure section rather than assuming Florida's 10-day rule applies everywhere.

Sources

1. Florida Legislature, Florida Statute 721.10: Florida's 10-calendar-day timeshare rescission period and postmark/delivery effective date rule
2. California Business and Professions Code Section 11024: California's 7-calendar-day timeshare rescission period
3. Nevada Revised Statutes 119A.410: Nevada's 5-calendar-day timeshare rescission period
4. South Carolina Code of Laws Section 27-32-30: South Carolina's 5-business-day timeshare rescission period
5. Tennessee Code Annotated Section 66-32-114: Tennessee's 10-calendar-day timeshare rescission period
6. Federal Trade Commission, "FTC Action Leads to Permanent Ban for Timeshare Exit Team, Owners" press release, June 2021: FTC enforcement action against a timeshare exit company charging large upfront fees