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Karen Krokosh


The Tuesday Slot with Irene

Welcome to another Tuesday Slot with Irene, this week is part 2 of her Timeshare Tips, with some more legal comments from Mike Finn of Finn Law Group. But a few updates from the timeshare world in Europe.

Yesterday’s article focused on the new company Centaurus Mediation SL and the possible links with Silverpoint, well, not long after publishing, news arrived from Madrid and the Supreme Court. Yet two more rulings against Silverpoint.

In the 87th ruling by Spain’s Highest Court, the clients contract with Silverpoint was declared null and void, the court also awarded over £56,000 plus double the deposit amounting to over £69,000. The court also awarded all legal fees and legal interest.

Within minutes of this announcement, the Supreme Court released the 88th sentence, once again it was against Silverpoint.

In this case the contract was once again declared null and void with the client being awarded over £18,000 plus £2,000as double the deposit with legal interest.

As stated in yesterday’s article, a contract being declared null and void by the court means that it should never have existed, does not exist and all has to revert to the state it was in before the contract was signed. So if you do get a call from Centaurus Mediation, with the caller saying the only way to get out is for them to do it, remember it is just another ruse by Silverpoint to fleece you of even more money.

In Gran Canaria, Anfi was on the receiving end of two Court of First Instance sentences, both of these were heard in the court situated in maspalomas.

The first case in court number 2, Anfi was ordered to return over 16,000€ plus legal interest, with the contract declared null and void.

In the second case in court number 1, over £10,000 plus legal interest was returned to the client along with the contract being declared null and void.

With news like this coming out of the courts on an almost daily basis, how can these companies continue to deny any wrongdoing and that they are not losing in the courts?

It just goes to show the arrogance of timeshare companies who for too long have got away with malpractices on a grand scale.

Now on with this weeks article from Irene Parker.

Timeshare Tip #2

Don’t Pay Upfront Money to get you out of Your Timeshare

Define “Upfront Money”

crime buster

By Irene Parker

February 6, 2018

A Williamsburg lawyer guilty of her role in a conspiracy to fraudulently transfer hundreds of timeshare units was sentenced today to 50 months in …

Florida statute does not allow anyone to receive upfront money to get you out of your timeshare.

the State of Florida – the collection of advanced listing fees from Florida residents, regardless of the location of the property, and owners of Florida timeshares is prohibited. Section 721.20(6), Florida Statutes, prohibits the collection of any advance fee for the listing of any timeshare estate or timeshare license, and requires that any seller of a timeshare plan be a licensed real estate broker, broker associate or sales associate as defined in Section 475.01, Florida Statutes.”

So what are “Upfront Fees” and how are they getting around it?

Like timeshare rescission periods, upfront fees can be dodged. Exit companies accomplish this by charging a listing or ad fee, market analysis, a subscription fee, an advertising cost, you name it. Attorneys charge retainers, but not all attorneys are created equal, as mentioned in our opening statement.

I asked Mike Finn of the Finn Law Group about this as, like all lawyers, Finn Law Group charges a retainer. Given the difficulty, few lawyers will accept a timeshare case on contingency. Timeshare developers know this of course, and know the time and money it takes to litigate is cost and time prohibitive.

According to Mike,

There really isn’t a legitimate way around the no upfront fee issue in a legitimate licensed real estate broker scenario. The one exception is when a seller wants to have more advertising in place than is generally offered by a particular broker and the seller authorizes upfront funds to be specifically applied to a third party marketing provider.  This is rare and usually occurs in the commercial market.

The licensing statute (Florida) is F.S. 475.01 Definitions. The salient details include “(a) broker…for another…and for a compensation…sells…offers….negotiate the sale…purchase or rental…any real property or any interest in or concerning the same… holds out to the public…engaged in the business of…buying,selling…real property of others…or who directs or assists in the procuring of sellers, purchasers, … which does, or is calculated to… result in a sale”

In case you’re hung up on the real property aspect of the definition, “The term broker also includes any person or entity who undertakes to list or sell one or more timeshare periods…”

So, to my way of thinking this company (the one we asked about) is not a licensed broker and if the state actually cared about the enforcement of their laws, they would have shut this, and other similarly situated organizations down long ago.

One of my favorite sources of information is NOLO as you can actually chat with a real lawyer! They have useful information and you won’t be bothered by those pesky “Get You out of Your Timeshare!” ads.


In a strong arm attempt to make sure we vacation, powerful lobbyists and the industry have worked hard to make it difficult to get out of a timeshare contract. The exception is if there is no loan, in which case the timeshare company will “take back” your points and resell as “recycled inventory” on a “case by case” basis. Most timeshare members contacting Inside Timeshare allege they were duped into high interest rate loans and higher interest rate credit cards, sometimes popping out on site like toast from a toaster. In our opinion, the industry refuses to admit they are causing the exit scams by allowing deceit on the front end of the sale and by not allowing a secondary market.

Deceit on the front of the timeshare sale does not discriminate, but often the elderly are victimized, as they tend to have more time and money. Timeshare members over 55 need to reach out to AARP.

The $70 billion a year flowing into Florida in tourist dollars may contribute to why this deceit has not been exposed. I have interviewed a dozen former sales agents, managers, and even a few executives, who call it “Pitching Heat” or “No Heat No Eat.” Nice people.

Social Media is here to stay. Timeshare members like never before can share experiences. They are no longer silenced and isolated. One of our advocates sent this published report to us, posted on TUG Timeshare Users Group. (Licensed Timeshare Resale Broker Association member Judi Kozlowski has provided commentary for our Inside Timeshare articles)

In the timeshare resale market today, it is pretty much a guarantee that you will encounter an upfront resale scammer if you are attempting to sell or rent your timeshare. Sadly these scams have become so popular, they are regularly listed in the top 10 scams by Attorney Generals offices and the BBB year after year!

Hopefully you have read the TUG Scams and Fairy Tales advice article, but if not and you are the victim of an upfront fee scam, your options are limited but they at least exist!


In many cases, the squeaky wheel always gets the grease, so if you are persistent in calling and emailing and sending actual letters, you stand a chance of getting a refund!

This sample letter was provided by Judi Kozlowski, a licensed timeshare resale broker who has been in the industry for many years and fights to shut down these scammers with her organization the . Licensed Timeshare Resale Brokers Association

We urge anyone who is the victim of an upfront fee scam to follow all the steps detailed below after sending this sample letter if you do not receive your refund or a reply in a timely fashion!


Dear (Insert Business Name Here),

We will be reporting you to the following people if you do not return our money. What you have done is fraud.

  • The Attorneys General Office in (the State you live in), (the State the timeshare is in) and the( State the Scammer is in).
  • We are also calling the police in (same as above, both locations).
  • We are going to report you to our (VISA/MC/AMEX/Discover) and have them report your fraud to your merchant account.
  • We are going to the following sites to report your scam:
  • Timeshare Users Group Forums
  • Better Business Bureau
  • Every social media page we can find with your name on it (facebook/twitter/linkedin)

We do not want any phone calls from you. All we want is our money returned. You have lied, misled and committed fraud. We demand a refund to our credit card immediately and will be disputing this charge with them immediately.

Note: While TUG certainly cannot guarantee the success or failure of the above letter, it certainly gives you an option in which to attempt to obtain a refund from the company that scammed you out of the upfront fee. The squeaky wheel gets the grease! Remember, these companies mislead and lied to you in the first place, if your initial request for a refund goes unanswered or is denied, this letter may be a last resort for you to get your hard earned money back!

This posted by jayjay on RedWeek

2009 – that’s how long this has been going on!

Someone that’s been taken by any upfront fee scam company in the state of Florida needs to copy and paste that statute and then report the scammers to the law ASAP ….. my mission is to put every upfront fee resale/rental timeshare company completely out of business …. this is certainly a good way to start.

Bottom line, never, ever pay a timeshare resale company an upfront fee in the hundreds/thousands of dollars to list your timeshare in a database that no one will ever see …. you’re throwing your money away AND you’ll never hear from them again.

Inside Timeshare received timeshare member complaint number 302 today, 44 since January 1.

If you have a timeshare concern, contact Inside Timeshare or one of these US member supported, non-industry influenced Facebooks and websites:


Timeshare member Karen Krokosh reached out to Sell My Timeshare Now and here’s what happened to her:

Thank you Irene and also Mike Finn, thanks also to all who have contributed to this weeks article.

If you have any questions or require any information on this or any article published, please contact Inside Timeshare. We are here to provide the best and informative information possible.


The Tuesday Slot with Irene

In this weeks Tuesday Slot we welcome a new contributor Karen Krokosh, but first a quick look at what has been happening in Europe especially in the courts.

The year has certainly not started well for the timeshare industry, the first week of January has seen the Supreme Court in Madrid rule on 6 occasions against Silverpoint from Tenerife.

This court has declared these six contract null and void as they were over the 50 year period allowed by law, what is known as perpetuity, they also contained the points or floating weeks systems.


The court also reaffirmed the position of the taking of any payment within the given cooling off period, even if taken by a third party as prohibited. This cooling off period was introduced to protect consumers and allow them to decide whether they wished to continue with the purchase, as these are usually made as decisions on the day.

The total amount the court has awarded in these cases is a staggering 321,274€ with legal fees and legal interest.

In another case against Silverpoint, the High Court in Tenerife has ordered the return of over £31,000 plus legal fees and legal interest to a British client. Again the contract was declared null and void as it contained the points or floating weeks system.

In the Court of First Instance at Maspalomas, another British client has been awarded over £19,000 plus legal fees and legal interest, with the contract being declared null and void. In this case the contract was sold by Anfi and was for a duration of over 50 years, which is not allowed under the Spanish Timeshare Law 42/98.

All these cases have been brought on behalf of client by the law firm Canarian Legal Alliance, so contrary to what the timeshare industry is is saying, this law firm is doing what it says and winning on behalf of their clients.

As they say the proof is in the pudding!

On with this weeks Tuesday Slot.

Sell My Timeshare Now,

A Timeshare Listing Service for Buyers or Sellers

Diamond Member Karen Krokosh Issues a Warning


By Inside Timeshare Contributor Karen Krokosh

Comments about SMTN follow Karen’s article

January 9, 2017

I responded to a Sell My Timeshare Now (SMTN) solicitation. Not only did the company over promise the ability to sell Diamond’s non-deeded U.S. Collection points, they told me they could help me recoup expenses by renting my points. DRI does not allow renting through a third party site. As a resource for timeshare members, SMTN should abide by Diamond’s official rental policy by not accepting rental listings. Here is the current DRI rule:

2.5.1 A Member is not prohibited from periodically renting the Accommodation reserved for the Use Period or the reserved Other Redemption Opportunity pursuant to these Club Rules.

However, the use of Points to reserve Accommodations or Other Redemption Opportunities for commercial purposes or for any other purpose other than the personal use of the Member or the Member’s family and guests is prohibited. Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.

Members who are primary developers of Club Resorts (that is, members of the Diamond Resorts International group of companies) and providers of Other Redemption Opportunities are specifically exempted from this restriction, and are entitled to use their reserved Accommodations and reserved Other Redemption Opportunities for promotional, rental, or other commercial purposes.

Diamond is not the only timeshare with little or no resale value. While some timeshares like Disney, Hilton and Marriott can be sold, it has been widely reported Diamond’s non-deeded points are especially difficult to sell. I contacted a few members of the Licensed Timeshare Resale Broker Association. Not one would accept a DRI listing, feeling the restrictions the company places on the use of secondary points are too severe.

SMTN agent Sandra Van Lanen suggested a list price of $12,000 for 3,000 points. We paid about $12,000, so in no way was that price realistic as I dropped my price from $12,000 to $7,500, $5,000 and $1,000 with no offers. What was SMTN’s response? They said, “It takes time.” There are about 15,000 Diamond Resorts members on a variety of Facebooks and websites and I’ve learned many of them would be willing to give away their Diamond points. I would have been laughed off these sites posting these ludicrous amounts. I am committed to exposing this company and others that are taking advantage of those already burdened by loan payments and maintenance fees.

Here’s what I paid SMTN:

The original “Advertising and Marketing” product was priced at $1,798. I was given a discounted referral of $1,498 USD, but paid initially a deposit of $699, agreeing to pay the remaining balance of $799 when the timeshare sells. Since that is never in almost all Diamond cases, I decided to cancel the lifetime listing. When you cancel, SMTN has the right to bill you for the remaining balance.


I have also learned many of the listing and resale companies are staffed by former timeshare executives and sales agents. Some are legitimately trying to help those desperate to get out of their timeshare, but others prey on the desperate. This is a Department of Justice report about timeshare resale and release scams:

Many timeshare buyers report they were sold a timeshare by deceit. I looked up the definition of racketeering. While timeshare exit plans are not violent crime against property, I see a similarity. The sales agents who sold us the problem are now the ones coming around to “help” us. “A common example of a racket would be if a group of people cut the tires of cars on a specific street, and then that same group, or one in concert with the one cutting tires offered ‘protection’ to the owners of the cars for a price. This fits the definition of a racket because without the organization’s slashing of tires in the first place, the demand for ‘protection’ would be low or non-existent.”

I have been trying to get rid of this timeshare for years. I was so relieved to find the member sponsored Diamond Resorts Advocacy Owners Facebook where I learned that Diamond has launched a new program called Transitions and from what Inside Timeshare told me, I am eligible! I am hopeful, waiting to hear back.

Comments about Sell My Timeshare Now by Irene Parker

After Friday’s article about the importance of Better Business Bureau ratings, I checked the SMTN BBB rating. My red flag was raised when I learned Karen paid up front money to list her Diamond points. Accepting upfront money to sell your timeshare is illegal in Florida, but it seems companies can work around the law by calling it an ad or subscription fee, or a market analysis.

SMTN has been sold twice since 2010. Scott Roberts is the owner of Vacation Innovations and SMTN is a wholly owned subsidiary of V.I.

The BBB has assigned SMTN a D rating. I called SMTN and talked to Mike. The first question I asked Mike is, “Can I rent my DRI points through SMTN?” Mike said renting DRI points is no problem. When I informed him DRI does not allow the renting of points through a third party site like SMTN, Mike said he would have someone from legal call me. We did not hear back. Irina Allen is one DRI member who had her Diamond account suspended, accused of renting points on RedWeek.

This is what BBB notes on SMTN, providing a good example of how the Better Business Bureau can assist consumers by providing important information.

According to BBB files this company has a pattern of complaints that centers around the company’s advertising claims. Complainants allege they are guaranteed a time frame in which their timeshare will sell. Many consumers allege the company makes a promise that their timeshare will sell quickly. The company responds to the complaints and reiterates the company policy which reads the company does not guarantee when a timeshare will sell.

On March 23, 2016 BBB reviewed the complaints on file and determined the pattern described above has not been eliminated. BBB sent a letter to the company requesting cooperation in responding to and eliminating the pattern of complaints.

BBB received a response from Sell My Timeshare Now (SMTN) who addressed concerns raised. SMTN has introduced a video that consumers are encouraged to view that clearly outlines their services. In their business model explanation SMTN says that: “…SMTN never promises buyers are waiting; does not request wire transfers, greendot moneypak payment or purchase of prepaid credit cards; does stand behind the services it promises and always strives to deliver excellent service to all of its clients”… Additionally, SMTN hired a law firm to review the complaints and details surrounding each one. This review of these recordings has shown that the communications between SMTN and individual consumers (when they are available) has been shown to differ. SMTN has also instituted training for salespeople. They are to only make promises that are consistent with the guarantees and promises made by the company in writing. SMTN is recording calls made by their sales people to confirm the training is being followed. SMTN now has a policy for their salespeople who consistently fail to comply with the training which results in their dismissal from the company. Finally, they informed BBB that they will be further training their customer care employees to offer to help earlier in the process and be sure to make certain the consumer is satisfied with the resolution.

On December 5, 2017 representatives of SMTN met with the BBB to update us on improvements they are making to their organization. They have taken steps toward improving customer service by hiring a new Customer Service Manager. They have put in place an “audit group” that will contact consumers on the day they sign the contract with SMTN and then again 90 days out as a way to ensure customer satisfaction. It is anticipated that by proactively working with their customers, the number of complaints will be reduced substantially. BBB will work closely with SMTN to follow their progress and to continue to address any complaints that may come in.

Consumers are, once again, requested to contact SMTN prior to filing a complaint with BBB at 1-877-815-4227.

This Business Is Not BBB Accredited

Sell My Timeshare Now, LLC


Customer Review Rating:



[12] Positive Reviews

[1] Neutral Reviews

[21] Negative Reviews

[34] Total Customer Reviews

[107] Total Customer Complaints

Composite Score:

Sell My Timeshare Now, LLC has received 1.93 out of 5 stars based on 34 Customer Reviews and a BBB Rating of D.

This content is provided by the business and may contain advertising. BBB does not review or endorse this content.

According to a post found on RedWeek, published on the internet, SMTN does seem to charge a considerable upfront fee. A member had asked whether they should buy timeshare points through SMTN.

Good question. Here is the straight scoop:


1 month ago

Sometimes you will find a timeshare of interest on the SMTN site which may be available at a price acceptable to you. HOWEVER, you will have NO say or ANY choice regarding the “closing” entity. Closing costs through SMTN are quite excessive — multiple times the cost of customary and usual closing costs. You have no option to conduct a SMTN transaction “in person”, but that is the case in most any resale timeshare transaction, so SMTN is not unique in that regard. It would frankly be both highly unusual and entirely unnecessary to conduct a resale timeshare transaction “in person”. Objective, third party “closers” who have no association with either buyer or seller (not an available option via SMTN, unfortunately) look out for the interests of BOTH buyer and seller, holding all funds in escrow until closing if necessary. This obviously eliminates any need for any travel or physical presence by either the buyer or the seller just to “close” on a resale transaction.

With SMTN, you essentially have to determine ALL of the collective costs as a buyer and then ask yourself if that bottom line figure is acceptable to YOU to acquire that particular timeshare listing, despite the exorbitant closing costs. Far more often than not, the answer will be NO, but there are (relatively rare) exceptions. In all fairness, in the performance of your due diligence you really have to look at the big picture and ask yourself if the TOTAL expenditure involved justifies acquisition of that particular timeshare for YOU. You obviously first need to accurately determine the bottom line total figure before you can possibly make that fully informed evaluation and personal decision.

SMTN of course has nothing whatsoever to do with maintenance fees, regardless of the resort involved. Maintenance fees are determined only by individual resorts — and they are engraved in stone. That said, I would certainly want to verify the accuracy of any figures SMTN indicates as maintenance fees. This is very easily done by contacting the resort directly for confirmation of any figures claimed by SMTN in their listings.

Last edit by ken1193 on Nov 28, 2017 05:27 AM.;page=last

Keep calm Homework

Thank you to Karen for her advice! We look forward to hearing more from Karen as our first new Inside Timeshare contributor of 2018.  Contact Inside Timeshare or one of these member sponsored U.S. timeshare groups if you need help with a timeshare. It can save you money.

If you require any information regarding this article or any other published on Inside Timeshare, please use the comments or contact form and we will get back to you. If you are considering using the services of any company and are unsure of how to check them we will also be pleased to help.