New and Scammed

[alhow18 Junior Member Find all posts View Profile Close alhow18]

Hi folks!

I just joined. I don't have a timeshare myself, but my parents do. I was mortified tonight when I joined my parents for dinner and learned they had decided to try and sell their timeshare. Not mortified over the decision, but mortified to learn that they had already acted two weeks ago. They paid Resorts Transfer Inc. out of Tampa to advertise their timeshare... for a whopping $1999.00. Yes, you read right. I don't know why they didn't talk to me about it first or at least google it. It is very, very unfortunate. They can't afford this scam.

Anyway, I'm pretty much sure they are screwed and not getting their money back. I've decided to put forth the effort myself to try to help them unload the timeshare. It's through Diamond Resorts. They get 5,000 points a year. Any tips, comments, etc. are very appreciated and welcome.

Thanks.

[chriskre Super Moderator Find all posts View Profile Close chriskre]

Have you tried calling the resort?
Some resorts are taking deedbacks.

[mdurette Senior Member Find all posts View Profile Close mdurette]

Yeah know..... I always wondered why resorts (especially will ongoing sales) don't just take the weeks back for no cost. Heck they can resell them at a huge profit. Good to know some actually do.

[MargeS Senior Member Find all posts View Profile Close MargeS]

Did they pay the $1999 by credit card? Call the card and dispute the charge.

[rikkis_playpen Diamond Club Contributor Find all posts View Profile Close rikkis_playpen]

Disputing the charge often doesn't work, but should always be tried.. Also, the consumer should always file a complaint with their state's attorney general as well if they believe they were the victim of consumer fraud.

With that being said, the problem is that most of the victims will sign a contract that contains all the correct language so when they try to dispute the charge, they can't supply proof of the fraud.

The written contract often has nothing at all to do with the promises they heard on the phone (some of these scam companies will also use a verbal confirmation which records the timeshare owner saying they were not promised a buyer, etc)- and will often state that the consumer is paying only for marketing. Since there are no laws in place to limit how much can be charged for some type of classified- there often isn't much that can be done.

Unfortunately in many of these cases- the consumer has signed away their right to dispute by either not reading the agreement or by listening to the lies and knowingly signing a written form that says no promises were made.

I recently attended a meeting with reps from various enforcement agencies in Florida, and this was a consistent statement from all of them.

This may end up being an expensive lesson, but hopefully will be a mistake they won't make again.

[colin heath Member Find all posts View Profile Close colin heath]

I don't think they have been scamed...They just did not do any homework first before selling.

Colin.

[timeos2 Senior Member Find all posts View Profile Close timeos2]

I don't think they have been scamed...They just did not do any homework first before selling.

Colin.

They haven't been scammed unless you consider taking nearly $2,000 based on false verbal promises and no intention of selling their timeshare a scam. IMO it is.

As for Diamond resorts - they are NOT taking back ownerships for resale at the present time according to reports. They have occasionally done so in the past but there is no guarantee that will ever again be offered.

5000 DRI Club points are virtually worthless at resale due to use restrictions and low use value.

[stan2u Member Find all posts View Profile Close stan2u]

Yeah know..... I always wondered why resorts (especially will ongoing sales) don't just take the weeks back for no cost. Heck they can resell them at a huge profit. Good to know some actually do.

We did exactly that a couple of years ago with our two weeks of Florida Time Shares (Ocean Landings). I called them and told them we were no longer in a position to either use them or pay maintenance fees, but if they wanted them I would sign them over. The lady on the phone had us sign a quit claim on it, and that was that.

If the resorts don't take them back they can try to force you to pay the fees, but their options a very limited. If they want to re-sell them, they have to go to court to get title, which takes quite a bit of time and money. So it is in their best interest to accept it free and clear.

By the way, you know the companies that offer to take your time share off your hands for a fee (thousands)? Most of the time after collecting your money that's exactly what they do.

[alhow18 Junior Member Find all posts View Profile Close alhow18]

Did they pay the $1999 by credit card? Call the card and dispute the charge.

That's what I have them doing. Don't know if it's going to work out or not. Resorts Transfer made them believe their Diamond Timeshare could be sold for $28,000. Ugh.

[Claudette Junior Member Find all posts View Profile Close Claudette]

Stop listening to lips that move

Just because someone tells you something it does not mean it is true. Everyone has their own agenda. Look up the law first - not afterwards. Police do not know the law. They are enforcers. Salespeople are selling to make a living. Politicians - well that goes without saying. People bluff, exaggerate or just don't know. Anytime money is paid their is a rescission period. Depending on what type of sales it's from 3 to 20 days. EXCEPT when there is misrepresentation - LIES - then the rescission period remains open. It NEVER ends. That would be one way to get your money back from the actual resort from the time of the actual sale. Two. Refund from the resale company using the same information. Three. You can Quit Claim any property including timeshare to anyone. They have to accept it after you have recorded it. They do not have any choice. It's a Quit Claim Deed. Of course, they're going to say no. Four. Timeshare comes under the Real Estate Laws in each state. That's why reps have to be licensed Real Estate Agents!!!!!! Therefore, they have to abide by the same laws. Each state under the AG's Department has forms that you fill out to show that you have been victimized and each state has a fund that is supplemented by the Real Estate Agents License Fees each year. This fund is to make reparation to victims of real estate fraud. Misrepresentation is fraud. There is four ways to get rid of timeshare, BUT it will take effort on someone's part. It's so much easier to whine that they've been scammed, when in actual fact, their own emotional guilt is what got them into the situation in the first place.

[johnsorg Member Find all posts View Profile Close johnsorg]

Florida law

Below is the current Fl Law on timeshare resale services. I volunteer for an organization called Seniors vs Crime, we are a special project of the Florida Attorney Generals' office. I have had some success getting refunds for people from these companies because they do not normally provide the success ratio. If any one feels they have been scammed by these companies, just drop me an e-mail and I can look into it. there is no charge of any type for this service.


Florida Statutes 721.05(44) defines “Resale Service Providers” if the telemarketing company is offering resale brokerage or advertising services.

Florida Statutes 721.20 (9)(a) provides disclosure requirements for Resale Service Providers. The written disclosure to consumers must contains a "description of fees/costs" relating to advertising, listing, or sale of a timeshare interest, as well as the ratio of the number of listings for sale versus the number of timeshare interests sold by the resale service provider ("a success ratio") for each of the past 2 calendar years in writing before providing any services.

Florida Statutes 721.20 (9)(b) provides that failing to disclose this information to consumers renders the contracts void and entitles consumers to full refunds of monies paid to the resale service provider.

[emilyarnette Junior Member Find all posts View Profile Close emilyarnette]

I'm really sorry to hear of your parents' misfortune. There are a lot of companies who will try to take advantage of people who are selling their timeshares - especially if they aren't familiar with the process. Besides filing a complaint with the Attorney General and disputing the charge with your credit card company, I would also ask your parents what the name of the company who scammed them was and post some complaints on various timeshare websites about them. Although it may take a little bit of time, it might save someone else from making the same mistake.

Also, have you thought about bringing the matter to the BBB?

[timeos2 Senior Member Find all posts View Profile Close timeos2]

Three. You can Quit Claim any property including timeshare to anyone. They have to accept it after you have recorded it. They do not have any choice. It's a Quit Claim Deed. Of course, they're going to say no.

This is blatantly incorrect! NO ONE HAS to accept a quit claim deed. Recording one that hasn't been accepted could be prosecuted as fraud!

Plus there is no automatic rescind period for most transactions - the one for timeshares was created by specific laws that apply only to that narrow band of purchases in an attempt to reduce abuse.

This is a first post by a new member. Most of it simply isn't correct and if you mistakenly followed these "facts" you could be in for more problems than you have now. Beware. h

[emilyarnette Junior Member Find all posts View Profile Close emilyarnette]

Which is why you always have to do your research. This is a help forum and someone is posting false information. Always people trying to slip you up in the timeshare world!

[Claudette Junior Member Find all posts View Profile Close Claudette]

I would expect anyone to do their own due diligence. It is not my job to do it for you. I was only trying to help in offering some options which by the way I have used in hundreds of cases in Florida in the early '90's to assist people and we were successful in all of the cases where the people followed through. It was not my intention nor do I have the time to give you all of the details of how to proceed. That is why there is an AG's Office.

It is not fraud to use a Quit Claim Deed. You are simply giving up your interest. It does not cancel a loan. However, I do not know of any timeshare resorts (possibly one) that would continue to collect under the circumstances particularly if you indicated misrepresentation.

I don't know where you got your info regarding rescissions. The Truth in Lending Act (TILA) provides consumers with the right to rescind consumer credit transactions. In most cases it is three days, in timeshare it is 20 days. If misrepresentation can be proven there is no rescission period by definition of the law.