It’s Friday, the end of another week in the murky world of timeshare, and what a week it’s been.
The RDO and TATOC announce that Silverpoint has withdrawn their membership from these two organisations, with Silverpoint announcing they will no longer be selling timeshare. One can only speculate as to the reasons behind this, but it does look like they may just be looking to develop another product which circumvents the timeshare laws. Rumour has it, this may be a “leisure credits” type of product.
There is also a lot of speculation as to a probable name change to the company, again this might just be to deflect any further litigation. After all Silverpoint did try and argue that they were not Resort Properties at one point, but the courts threw this out stating they are one and the same entity.
Inside Timeshare also announced in a previous article the sell off at Beverly Hills Heights, with owners being moved to other apartments or to Hollywood Mirage. We saw this at Beverly Hills Club a couple of years ago when this resort was sold off. It is now used as a hotel. Palm Beach Club owners also had the same thing happen, when the top 3 floors were sold. Again they were moved to other apartments or resorts.
Silverpoint’s woes do not just stop there. This week alone, the Canarian law firm, Canarian Legal Alliance announced 6, yes 6 court judgements against Silverpoint. All of these were delivered by the Court of First Instance in Arona, they all followed the 50+ Supreme Court rulings.
All the contracts were declared “Null & Void” with over £120,000 awarded to the clients, including legal interest and legal fees. This is quite a staggering amount to have to pay out in just one week, with many many more in the pipeline. It makes you wonder how long Silverpoint can hold out with these figures being awarded against them by the courts. So they may just need to come up with a new product pretty damn quick!
Again this week we have had new information passed to us about the Litigious Abogados family, these “law firms” are hitting many timeshare owners with false promises of cases against their timeshare resorts / companies being lodged at court. One which we highlighted this week was a gentleman who had a narrow escape, luckily he found previous articles and never paid them.
The new “firm” Abel Garcia Abogados, told him his case had been lodged with the court in Santa Cruz de Tenerife on 4 March, the case was due to be heard on 25 April. Under 2 months to get the case heard, this is astronomical, even CLA take around 2 years and they are the most experienced in this field.
The only problem is he did not own anything, the “club” he purchased and the marketing company selling it, were dissolved many years ago so no longer exist. They were also UK based and the sales were conducted in the UK, so how could a Spanish court have jurisdiction?
These “law firms” have a very sophisticated operation, all the documents look genuine to those who do not ever see the real thing. The story is also very plausible, then coupled with the high amounts being “awarded” by the court, along with copies of the cheque waiting to be sent to the lucky client, it is easy to see how people can be taken in.
Irene Parker, our US colleague, has also been busy, getting ready for her “starring role” in the Fox News programme Property Man with Bob Massi. Today’s article from the US is an update on Timeshare Advocacy Groups.
This is becoming a very big project, attracting more and more owners to the various facebook groups, it is also stimulating a lot of dialogue with the industry. Could it be the industry is now starting to realise that without you the owners / members, there would be no industry?
Well thats enough of that, on with Irene’s Friday piece.
Update on Timeshare Advocacy Groups
April 6, 2017
Our consumer advocates have heard an earful, so we are encouraging those who feel they have been victims of deception or fraud, review ARDA’s code of ethics and email ARDA ROC to express your concerns.
The biggest complaint our Advocacy Group members have expressed is lack of a secondary market. ARDA ROC needs to know when there is no secondary market for a timeshare, at least not through any of the 64 members of the Licensed Timeshare Resale Broker Association.
If you are looking for information on selling your timeshare, please note that ARDA-ROC is not a resale organization, however we can point you in the right direction. Visit
for more information on the timeshare resale process as well as a link to resale companies who are members of ARDA.
Ethics Code of the American Resort Development Association adopted by the Board of Directors April 7, 2014
- Conduct. All Member Activities with customers, clients, other Members, business or community partners, regulators, legislators or government agencies shall be honest, legal, ethical, and in accord with standards of fair business dealings, professionalism, integrity, dignity and propriety. Members shall not denigrate the Vacation Property business, but instead shall use their good faith efforts to promote the Vacation Property business.
Timeshare narrative can get confusing fast, especially when there are multiple contracts that span several years. To make it easier for the resort and for our members, here is a blueprint members can follow.
How to File a Complaint
State of Residence
Number of points currently owned
Current Maintenance Fees
Original Loan Amount and stated interest rate
Resort where purchased and sales agent’s name
If you are claiming deception or fraud, list how you feel you were deceived.
Deception 2, Etc.
What do you want? Do you seek Refund or Relinquishment? If your investment is $20,000 or less and you owned your timeshare for ten years or more consider relinquishment.
Are you sure you know how to use points and the program correctly?
Why do you want relinquishment?
Is it due to Deception, Health, or Financial Burden?
Availability – There are many who are happy with availability but there are those who have been oversold on availability. For example, we were told to buy more points because NYC properties were being added. Because these are affiliated properties, like in San Francisco as well, they are never discounted and never have 59 days or fewer rates. On average, year round, it costs $5000 to $10000 in maintenance fee equivalent dollars what could be booked online in New York for $2500 to $3500 for a week. Great Wolfe Lodge is similar.
MOST IMPORTANT – Purchase Timeline
Remove numbers from your testimony. It is better to state your narrative as a narrative referring back to the contracts and figures at the top of your complaint.
ALWAYS include the name of the sales agent (s). Refer to your contract if you don’t know. Provide the sales agent’s ID number if you can.
How Advocacy Works
Email your sworn testimony. Raise your right hand. Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? Start writing.
Send to intake volunteer who will review, edit and return to you.
Position open: Volunteer report writer. No experience necessary.
An email will be sent to the resort, public relations and you.
Owner or member takes it from there unless there are questions or concerns along the way. Owner or member will report back with positive or negative outcome. Due to the mutual release, terms and conditions will not be discussed. If negative, complaints to be filed with:
Attorneys General where you signed, where you live and Nevada.
- The Consumer Financial Protection Bureau (Wells Fargo settlement agency)
- The Federal Trade Commission – due to lack of secondary market
- The Better Business Bureau
- If a sales agents appears to be obviously deceptive due to the number and consistency of complaints, the FBI Internet (formerly white collar) crime division IC3.gov.
- ARDA ROC
Our Advocacy Group
We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.
It’s a lot of work but it is the only way to change business practices is through an organized lobby effort targeting legislators and regulatory agencies that may be sympathetic to owners or members, and media outreach targeting the general public.
What to expect from regulatory agencies:
Send us your comments or articles! New voices are needed.
So there we have it, the end to another week, but as we say, timeshare never sleeps more news will break over the weekend so watch this space for next week’s articles.
Have a good weekend and enjoy yourselves.