Timeshare Resales can be limiting.

[Frank Portello Junior Member Find all posts View Profile Close Frank Portello]

I was about to purchase a timeshare resale for a very good price at the Marriott Grand Chateau in Las Vegas. The resale company neglected to tell me that I would be considered an external owner by Marriott. I contacted an asst. manager at Marriott and he explained that I would have to pay an additional $75.00 every time I use my lockout feature. Also I would not be entitled to use the new Marriotts exchange system they started for their owners. I would have to use II or RCI and pay their fees. I would not be able to collect any Marriott Rewards Points or any Marriott Club Points. I would also have to use my whole week there at Las Vegas because I would not be allowed to break up my time into one, two, or three day increments. I could not even pay to upgrade into any of their programs. Although the price of the resale was very enticing. I have decided that my ability to control my usage and points generation are more important. Bottom line is: Make sure you ask questions and buy what you really want/need. I hope this helps someone out.

[shirleyj62 Junior Member Find all posts View Profile Close shirleyj62]

Where did you get that info?

How did you find out all this information about what you wouldn't be able to do? I'm currently looking to buy resale, although at a different resort. I've talked with several owners at the resort I'm looking to buy at who have bought resale and they never mentioned any problems with restrictions as a resale buyer.

Thanks,
Shirley

[Frank Portello Junior Member Find all posts View Profile Close Frank Portello]

I talked to one of the asst. managers from the Marriot. If you are just looking for a week to use or trade, then it would not be a problem to buy a resale at a good price. I just want to be able to control my days of use. You should really get in touch with someone from the timeshare where you plan to buy so they can explain any restrictions as a resale buyer.

Frank

[odaddy Gold Contributor Find all posts View Profile Close odaddy]

I was about to purchase a timeshare resale for a very good price at the Marriott Grand Chateau in Las Vegas. The resale company neglected to tell me that I would be considered an external owner by Marriott. I contacted an asst. manager at Marriott and he explained that I would have to pay an additional $75.00 every time I use my lockout feature. Also I would not be entitled to use the new Marriotts exchange system they started for their owners. I would have to use II or RCI and pay their fees. I would not be able to collect any Marriott Rewards Points or any Marriott Club Points. I would also have to use my whole week there at Las Vegas because I would not be allowed to break up my time into one, two, or three day increments. I could not even pay to upgrade into any of their programs. Although the price of the resale was very enticing. I have decided that my ability to control my usage and points generation are more important. Bottom line is: Make sure you ask questions and buy what you really want/need. I hope this helps someone out.

The new Marriott destination points system is extremely expensive. It is much cheaper resell, and much cheaper to get a week and use 3 nights of it than join the new system, especially if you do not own weeks with Marriott that you can put into the club.

[taffy19 Gold Contributor Find all posts View Profile Close taffy19]

There are Marriott resorts where you can split your week in two but there are fees involved that have always been there.

Resale weeks were never allowed to join the MRPs program but that program has been devalued so much over the years.

It is true that all deeds, that are sold after June 20 this year, cannot join the new Marriott internal exchange program. It will hurt us eventually when II will get less inventory from the Marriott owners and the loss of the developer weeks too. These weeks will go to the Marriott Destinations Club Exchange Program too.

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

The new Marriott point system is not that great in my opinion - so you're not missing much. Hilton Grand Vacation Club doesn't penalize resale owners in their points system. I'd look at them over Marriott.

I'm actually probably going to sell my Marriott week. We've added on more Wyndham points resale and Disney Vacation Club points - I'm sour on Marriott these days.

[T/S Guy Junior Member Find all posts View Profile Close T/S Guy]

Many of the resort companies are limiting benefits for resale transactions. I would think this would have some legal implications against the companies. Generally, not always, timeshare is sold as real estate (deeded) and you should be able to sell what you purchased unless limitations are addressed in the Purchase Contract or other closing documents. If limitations are not stated in the paperwork I would think there would be legal consequences for the companies. Owners should unite.

[Frank Portello Junior Member Find all posts View Profile Close Frank Portello]

I agree with the fact that we should be able to get the priveleges assigned to the unit as a deeded property. I know that the corporations have a right of first refusal, but why should the corporations that sold it be able to deny the new owner any use that was in the original deed. I hope someone out there with some legal knowledge will look into that.

[T/S Guy Junior Member Find all posts View Profile Close T/S Guy]

To begin with I want to say that I am not a lawyer and would also appreciate a knowledgeable legal opinion on this matter. The deed has nothing to do with usage, benefits or privileges. However, usage, benefits and privileges are part of the package originally purchased. I feel the resort companies feel they are above the law and can alter anything said, regarding usage, benefits and privileges. They are also gambling that the timeshare owner base will never unite and give them a fight.

It is my understanding that "First Right of Refusal" means that the resort company has the right to meet or beat a resale offer.

[T. R. Oglodyte Moderator Find all posts View Profile Close T. R. Oglodyte]

To begin with I want to say that I am not a lawyer and would also appreciate a knowledgeable legal opinion on this matter. The deed has nothing to do with usage, benefits or privileges. However, usage, benefits and privileges are part of the package originally purchased. I feel the resort companies feel they are above the law and can alter anything said, regarding usage, benefits and privileges. They are also gambling that the timeshare owner base will never unite and give them a fight.

It is my understanding that "First Right of Refusal" means that the resort company has the right to meet or beat a resale offer.

I am also not a lawyer - but the nice thing about a board such as this is you can pipe in anyway.

My understanding - at least for US property usage - would be as follows:

• When you sell a deed, you sell with the deed all rights and obligations that are associated with the deed.
• Normally a timeshare deed will integrate with it homeowners association (HOA) and timeshare program documents; these obligate the owner to be part of and abide by the rules and regulations of the property as established by these organizations.
• The HOA and timeshare program documents will normally have procedures for amending and revising those documents.
• When changes are made to those documents, all owners within a given class of ownership must be treated uniformly, and all rights established in the original deed must be preserved unless the owner consents to the change. For example if an owner is part of a class of owners that have been conferred rights to year round usage of a 2-bedroom unit, the rules cannot be changed to restrict them to less than year round usage, nor may other owners in that class be granted preference ahead of them in making reservations for those units.
• Anything that is written into the deed itself cannot be changed or altered without the owners consent; changing the program documents can't alter what is established in the deed unless the deed allows usage rights to be changed by simple alteration of the program documents.
• All of my comments above relate to usage at the deeded resort. Elements of the timeshare program that involve usage at other resorts, such as exchanging procedures and participation in the mini-system exchange clubs and programs, are almost never a deeded right. These are grafted onto the original sale by the developer as a value added feature. Because they are not attached to the deed, the operator of the timeshare program is free to prevent them from being transferred with the deed.

I, too, would be interested in any thoughts from attorneys who are familiar with condominium and timeshare law.

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BTW - I do know of one resort that got owner concurrence to change from a peak season/off season deeded structure to a new deeded structure in which all deeds were 52-week float. IOW - the peak season owners gave up their exclusive reservation right. They did so because the number of foreclosed and delinquent weeks was rising to levels that threatened the solvency of the resort. Most of the non-performing units were off-season. So they changed to 52-week float to enable the HOA to operate a foreclosure and resale program.

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

To begin with I want to say that I am not a lawyer and would also appreciate a knowledgeable legal opinion on this matter. The deed has nothing to do with usage, benefits or privileges. However, usage, benefits and privileges are part of the package originally purchased.

No lawyer here, plus I'm relying on heresay. But from what I have read, in the Bluegreen system all the perks (Bonus time, etc.) are separate from the deed, and the contract the original owner signs says that these perks are subject to change without notice. Every time Bluegreen has changed the rules on resales, it has been something that the original contract says is conditional and subject to change.

Not to say everyone's that careful. But I would guess a lot of the points systems have similar contracts. If you buy a package with a contract that says something is subject to change without notice, then changing the rules for resales when it comes to those things is perfectly legal. Bluegreen has also changed the rules for those who bought direct, but, again, the original contract only guaranteed usage of the points, not the various perks. The perks are offered at the discretion of the developer/management company.

Particularly when it comes to points systems, there will come a time when the only way for the developer to offer a competitive product is by offering perks that resellers can't. So the smart developer is going to write the contracts in such a way that perks don't necessarily transfer, and will eventually offer new perks for people who buy more "authorized" points.

[Frank Portello Junior Member Find all posts View Profile Close Frank Portello]

No lawyer here, plus I'm relying on heresay. But from what I have read, in the Bluegreen system all the perks (Bonus time, etc.) are separate from the deed, and the contract the original owner signs says that these perks are subject to change without notice. Every time Bluegreen has changed the rules on resales, it has been something that the original contract says is conditional and subject to change.
.

It makes sense that the developers would figure out a way to control the perks. That way, they would have the ability to entice buyers to buy direct if they want to participate in their programs. I am still making calls to see if I can find a developer who will allow a resale buyer to use the perks that were established by the original buyer. I don't have very high hopes of finding one. Wish me luck.

[frank808 Junior Member Find all posts View Profile Close frank808]

Only developer I know of right now is Disney Vacation Club. There is no difference from buying resale and from Disney at all. The next best is Hilton Grand Vacations Club. I think the only perk missing is the gold and platinum HH Honors program.