Expert: Andreas Rossler - 10/15/2007

Question
QUESTION: hi we own at westgate vacation villas florida and are (have been for a cuople of yrs)try to sell our week i have been asked if westgate have waived thier Right of First Refusal before i can sell. 1st i dont know anything about this and 2nd i have nothing in my paperwork that says anything about it can you please advise p.s we purchased in 1999 and only owe the dreaded maintenance bill any info greatly recieved

ANSWER: The first right of refusal basically states that if you sell your timeshare, the developer can block the sale but must purchase it from you at the selling price or higher.

Unless things have changed, Westgate does not employ a first right of refusal.  I would call Westgate to confirm.  You should have no problem selling it at any price.

---------- FOLLOW-UP ----------

QUESTION: Not a question this time but some info for you, I contacted westgate today and asked about the FRoR and was told by"sharon" that they do operate this system and you need a buyer to get a "waiver letter" assuming the buyer is paying more than westgate will "should "take 2-4 wks .I did make the mistake of not asking if this means i WILL sell it to someone and not keep going round and round, also when this started.  that's for next time. thanks for your help  paul.

Answer
Paul, you're welcome and thanks for the follow up - I can now better help Westgate Owners who want to sell.  Yes, I would definitely be interested to know if this FROR is a real deal (or is it something they say for marketing purposes).  My understanding of these things is that you will not need to go a second round, because they will either buy it or allow your buyer to buy it.  My guess is that they are just making sure you are not giving it away - otherwise they can pick it up for a dollar.