Browse Tag

Nevada Real Estate Division

The Tuesday Slot

Welcome to The Tuesday Slot, this week Irene Parker asks the question Wait! What Timeshare Regulations? But first, we have an update on the last 2 weeks of court cases in Spain, these figures came in late Friday afternoon, just a little too late to include in Friday’s Letter from America.

In total, Canarian Legal Alliance has received 38 sentences by various courts in Spain, these have been against 3 of the major players in European timeshare and are broken down as follows.

In one of the High Court sentences against Anfi, they were also ordered to repay the client the in-house finance including interest, this may just be good news for others who purchased their timeshare using in-house finance. It certainly sets a precedent.

The total amount which will be returned to the clients is an incredible 1,310,533.00 €, plus in most of the cases the return of legal fees and legal interest. All contracts were also declared null and void leaving them all timeshare free.

At least in Spain, there are regulations that protect consumers, so now on with our Tuesday article with Irene.

Women Who Money

Are Timeshares Worth the Money in the Long Run?

https://womenwhomoney.com/timeshares-worth-money/?fbclid=IwAR0bYNP97–z3c_zLuiKII59MamwEsSaCA6exdi6GdNOspnL26F88c09eeg

Wait! What Timeshare Regulations?

By Irene Parker

April 30, 2019

I enjoyed reading Are Timeshares Worth the Money in the Long Run? published by Women Who Money.  I agree with the author’s major points, except “regulations being in place to protect timeshare consumers.” Having heard from timeshare members about how easy it is for a timeshare sales agent to dodge a contract rescission period, I wonder if there is any foolproof way to prevent being scammed. Some things, like actual availability, cannot be discerned by reading the contract. My contract said, “You can sell your points. We will not assist you.” The part about no buyers was left out. I was duped by reading the contract.

House, Senate and Assembly Bills are flying across the country. The timeshare PAC ARDA ROC was successful in extracting consumer protection measures out of Arizona HB 2639, as reported by The Courier Daily.

“They’ve got a lobbying presence here and around the country,” added Amanda Rusing who lobbies for the office, “It was very disappointing to have to remove all of the stronger, pro-consumer provisions.”

https://www.dcourier.com/news/2019/apr/16/opt-out-provisions-timeshare-bill-no-longer-table/

Timeshare members “voluntarily” contribute approximately $5 million annually to ARDA ROC via maintenance fee invoices. ROC stands for Resort Owners Coalition. Why would any organization oppose offering a buyer 24 hours before signing a perpetual contract with no secondary market? Buyers are told that they have to buy the same day.

We are asking legislation be proposed that would allow the timeshare member 24 hours to review a contract before signing. We understand a member may not want 24 hours to review, so this offer could be waived. This offer should not be buried in the tap, tap, tap, electronic fine print. Members often report being held under duress for up to eight hours by a tag team of agents. Some sales centers take your driver’s license and credit card and won’t give them back.  

ARDA ROC introduced legislation in Nevada and Florida that would require those contracting with timeshare exit service providers be given 24 hours to review a timeshare exit service provider contract. This was proposed because they care about their members experiencing deceptive sales practices? Give me a break.

We would think it silly if a bill was proposed requiring those who seek to buy a car be allowed 24 hours before signing a contract. Typically when buying a car, you shop, and a tag team of agents doesn’t gang up on you for hours.

A synopsis of recent Florida, Arizona and Nevada legislation:

Timeshares are regulated by states. Since timeshare buyers typically buy a timeshare in a state other than their state of residence, lawmakers have little incentive to react to non-constituents. Lawmakers need to listen to those who bought a timeshare in their state, not just those who reside in their state.

I found the Woman Who Money article, “Are Timeshares Worth the Money in the Long Run?” on Lisa Ann Schreier’s Timeshare Crusader blog. Having worked in the industry for years, Lisa’s knowledge brings a lot to the table. Lisa is the author of Timeshare Vacations for Dummies.

From Women Who Money   

Regulations now exist to help protect consumers from high-pressure sales tactics. If you buy a timeshare and quickly regret it, you may have options for getting out of the signed contract.

https://womenwhomoney.com/timeshares-worth-money/?fbclid=IwAR0bYNP97–z3c_zLuiKII59MamwEsSaCA6exdi6GdNOspnL26F88c09eeg

Lisa Ann Schreier

Timeshare expert and author of Timeshare Vacations for Dummies

“While it is true that each state has a legally mandated rescission period, the fact of the matter is that 99% of purchasers will not read the contract within that time frame. The days of relying on the salesperson for good, solid information are over. Consumers must go into these timeshare sales pitches armed with a litany of questions and be prepared to walk out without purchasing anything if they don’t receive answers that can be pointed out within the contract.”

http://thetimesharecrusader.blogspot.com/

My husband and I used and enjoyed our timeshare for 25 years with no complaints, questions or Facebook posts. The points-based product does offer greater flexibility. We’re not saying timeshares aren’t good for many, and we know there are many honest sales agents, but I am convinced after hearing from over 800 timeshare members, current and former sales agents, managers and even an executive or two, “pitching heat” is on the upswing.

Timeshare buyers should record their timeshare sales sessions in one-party states where legal. Florida is a two-party state, so you cannot legally record without the other person aware. How is a victim supposed to obtain proof? All our readers’ Florida and Nevada timeshare complaints sent to the Nevada Real Estate Division and Florida Department of Business & Professional Regulation were dismissed with “You have no proof.”  I would recommend not buying a timeshare in a two-party state.

One of our Supporters, Sheila Brust, has her “Pencil Pitch” denoting the following figures, with an arrow and “save” written alongside:

  • $8,631
  • -8,631
  • 0

According to Sheilah, the three-page pencil pitch describes how she would be able to cover all her maintenance fees through point usage. A second and third buyer bought from the same sales agent. The Florida DBPR reviewer told Sheilah that she did not understand the program either until she spoke with the company’s attorney. What chance does the average consumer have if a Florida timeshare reviewer, who has reviewed hundreds, if not thousands of timeshare contracts, did not understand the program until she spoke with the company’s attorney?

As far as proof, 83 Platinum members, who don’t know each other, reported similar to identical complaints, often against repeat offender sales agents. I’m told that constitutes proof as it is a good faith investigation and a reasonable conclusion. We have prepared a 130-page summary which is available upon request if a lawmaker or regulator is interested. We can hope.       

We are working on a petition. If you would like to become more involved with our efforts, contact Inside Timeshare. Of the 805 timeshare members who have contacted us, 103 are veterans and active duty services members.

We seek to provide timeshare members with 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.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you, Irene, and also Lisa Ann Schreier for your contribution, if you have any comments or views on any article published, please use our contact page, we would love to hear from you.

If you have been contacted by any company with regards to resale, relinquishment or a claim and you are unsure if they are genuine, again use our contact page and let us know. We will point you in the right direction. Remember, doing your homework will save you in the end from losing your money.

Friday’s Letter from America

Welcome to this weeks Letter from America, today Irene Parker sets out instructions on how to file complaints with the FBI and the FTC (Federal Trade Commission). Unfortunately, many of the requests for help Inside Timeshare receives fall into the category of fraud, yet the industry still does not recognise that they need to change.

Before we start a bit of news from the Spanish Courts.

The lawyers from Canarian Legal Alliance have been at it again this week with a resounding 25 sentences issued against timeshare companies.

These have been broken down as 3 issued from the High Court and 22 from the Court of First Instance. With Anfi receiving 24 judgements against them and Club La Costa receiving 1. The Club la Costa case was heard at the court of First Instance in Fuengirola, Malaga and is the very first case to involve one of CLA’s Spanish clients. (Click on the PDF below for the court sentence).

The other cases were clients from the UK and Scandinavia, with most receiving double the deposits paid and the return of legal fees, all contract were also declared null and void.

The total amount awarded in all these cases is a staggering 828,329€. So congratulations to the clients and also the entire legal team at Canarian Legal Alliance.

Now for our Letter from America.

Timeshare Accountability Group™

FBI and FTC Filing Instructions and Talking Points

April 26, 2019

By Irene Parker

When timeshare members feel they have experienced unfair and deceptive timeshare sales practices, the member should first reach out to their resort in an attempt to resolve the dispute. If informed, “You signed a contract” or “We are not responsible for what our sales agents say,” file a Better Business Bureau complaint and file a complaint with the Attorney General from the state where you signed a contract.

Unfortunately, some timeshare complaints meet the FBI definition of white-collar crime. If the complaint is of a nature that meets the following description, file with the FBI at IC3.gov or file orally by contacting an FBI field office.

# 1 IC3.gov

Timeshare fraud falls under White Collar Crime/Mortgage Fraud/Financial Institution Fraud/Fraud for Profit. click on the link below to read about mortgage fraud. The general definition of white-collar crime is “deceit, concealment, violation of trust, and bait and switch.”  

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry.

Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners.

The FBI prioritizes fraud for profit cases.

https://www.fbi.gov/investigate/white-collar-crime/mortgage-fraud

To file a complaint with the FBI, select IC3.gov from the three choices available. It’s confusing because IC stands for Internet Crime, but it doesn’t have to be about internet crime. That’s just the name of the portal. You can file a complaint on behalf of someone else. At the end of the form it will ask if you are filing on someone else’s behalf.

https://www.ic3.gov/default.aspx

Some of the information that the IC3.gov online form asks for is not necessary – fields like routing numbers, bank addresses. Don’t worry about having all that information. They are not required fields. Victim bank is the bank from where you made payments or the credit card company. Subject bank is where you send your payments.

If you receive additional information after filing an original complaint, there is a handy box to check that asks, “Is this an update to a prior report?” Start the complaint over, but check that box to add the new information.

Step #2 File an oral FBI report 24/7

You can also file orally by contacting an FBI field office. Contact the field office where you signed a contract. Members have reported some agents have spent one or two hours on the phone with them. One member met with her FBI agent!

When you call the field office, select “Submit a Tip” then wait for the white-collar crime prompt. One person ended up in the wrong pew of the right church told they had to have lost a million dollars or more to file a complaint. That’s not true.

Members report the FBI has been responsive, but the FBI agent needs to be convinced getting a lawyer will do nothing to stop the problem of timeshare fraud for profit. Timeshare companies have armies of lawyers and they can drag a proceeding on forever until the member is broke. It is an understatement to say timeshare attorneys don’t look favourably on the arbitration process.

In Florida call the Tampa Field Office

https://www.fbi.gov/contact-us/field-offices/

Whether filing at IC3.gov or orally, you can provide the name and phone number of other victims, especially if you are aware of similar complaints. That way the FBI can look up other reports directed against the same repeat offender sales agent.

Sheila Brust’s article, “Just the Facts, Ma’am” is about her experience reaching out to the FBI. Sheilah worked for New York Governor’s Office of Employee Relations. The FBI advised Sheila to file with the Secret Service because her allegation also involved credit card fraud.

www.secretservice.gov                                                       

Don’t expect to hear back from the FBI. They don’t work like that. That doesn’t mean they are not listening. It takes volumes of complaints and a pattern of complaints to launch any investigation, whether with the FBI or with an Attorney General.

Filing your own complaint requires dedication and perseverance. Resolutions can be accomplished, empowered with information the member needs to take matters into their own hands. Thinking beyond their own dilemma, members can become one of our volunteer Supporters to help others.

Our Complaint Instructions were revised by a millennial timeshare buyer who followed our complaint instructions to resolve her dispute.

How to File a Complaint revised January 25, 2019

Timeshare member complaints tend to start out convoluted and confusing. We suggest having a friend or neighbor, not familiar with timeshare, read your complaint to see if it makes sense. Provide examples. Expect to be denied. Read the reason for dismissal and respond with a rebuttal.

Saying things like “I can’t afford this” is useless. You can’t go to your home mortgage lender and say “I can’t afford my home mortgage” and expect them to take your house back. You signed a legally binding contract. If there was no deception, you are bound by the contract, although it’s possible to request a contract cancellation due to medical or financial hardship.

We refer to a lawyer about one in ten times when all else fails, or the member does not have the time or energy to follow our process, which is admittedly timeshare consuming. A list of reputable law firms is provided upon request.   

#3 File with the Federal Trade Commission

The FTC online form has a “Timeshare Sales” option. It’s not easy to find. Instructions are in this article. Don’t be discouraged by receiving only a “Here’s some timeshare tips!” response. https://insidetimeshare.com/the-tuesday-slot-13/

Extra Talking Points

You must inform the FBI agent why you experienced unfair and deceptive sales practices. The agent you speak with may know nothing about timeshare basics. Explain the contract is perpetual, there is no secondary market, and when members complain, the company often hides behind the oral representation clause.

Your mission is to convince the FBI that this is not about only a few complaints. This article “Timeshare Foreclosure Explained to Lenders” lists just a few of the Attorneys General investigations and lawsuits, and the St. Louis Better Business Bureau report tells consumers what to watch out for:

Timeshare Foreclosure Explained to Lenders

St. Louis BBB report

https://www.bbb.org/en/us/article/news-releases/18149-dont-fall-for-deception-pressure-and-traps-disguised-as-vacations-a-better-business-bureau-study-of-the-missouri-timeshare-vacation-club-industry?bbbid=0734

Why doesn’t the government do something about this?

  1. There is no federal enforcement,
  2. Timeshare Attorney General Investigations and settlements are usually mere financial speed bumps, comparable to fining an NFL player $10,000. One exception is The Manhattan Club settlement. https://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club
  3. When a member complains, they are shown their initials on the fine print,
  4. Retaining an attorney will not stop unfair and deceptive business practices,
  5. Litigation is time-consuming and expensive,
  6. Arbitration is widely known to be pro-industry. If you lose you can end up paying the resort’s arbitration fees. The resort hires the arbitrators.
  7. The CFPB has been rendered ineffective. Even in the CFPB heyday members could not file a complaint because the borrower often doesn’t even know the name of their lender. You had to select a financial institution from the dropdown menu and timeshare companies are not a choice.
  8. Some lawmakers may be influenced by lobby dollars, as reported by The Daily Courier. https://www.dcourier.com/news/2019/apr/16/opt-out-provisions-timeshare-bill-no-longer-table/
  9. Some state AGs turn a blind eye. At a Florida legislative workshop in Tallahassee March 12 of this year, the spokesperson for the Florida AG reported their office received 1,600 annual timeshare complaints in 2017 and 2018, mostly about the initial sales presentation, 50% seniors, of which the AG engaged only 42 of the complaints, mostly about resales. This spells no enforcement. The Nevada Real Estate Division responded to all our readers with a “You have no proof letter.”
  10. Timeshare members give the ARDA ROC Political Action Committee approximately $5 million dollars annually, often “Opt-Out” donations. We have heard from over 800 timeshare members. Not one could tell us what ARDA ROC even stands for. ARDA ROC vigorously opposed recent proposed pro-consumer changes in Arizona.  

Let us know if you are active duty military, law enforcement, a government worker or a veteran, as we are supported by WhistleBlowers of America. They added timeshare fraud to their March 14, 2018 report before the Committees on Veterans’ Affairs (the Consumer Financial Protection Bureau has since been all but dismantled and we changed our name from TS Advocacy to Timeshare Accountability Group):

United in Speaking Truth to Power

www.whistleblowersofamerica.org @whistleP2P

601 Pennsylvania Ave, South Tower, Suite 900 Washington, DC 20004

Statement of

Ms. Jacqueline Garrick, LCSW-C

Executive Director

Whistleblowers of America

Before the

Committees on Veterans’ Affairs

U.S. Senate

U.S. House of Representatives

March 14, 2018

House and Senate Committee Members:

Whistleblowers of America (WoA) was incorporated in 2017, as a newly focused nonprofit service organization providing peer support to whistleblowers, so we are honored to be able to share our concerns with you today. The majority of our contacts are with Department of Veterans Affairs (VA) employees or veterans who have identified waste, fraud, and abuse, medical errors, denials of care or benefits, discrimination, harassment or bullying.  For doing so, they have suffered reprisal and retaliation. From the report:

Fraud and Scams Against Veterans:

Although WoA recognizes that it is not inherent within the VA mission to protect veterans from fraud and scams that could cost them their benefits, it suggests that it could be assistive in educating veterans against these unscrupulous tactics. For example, WoA has had multiple complaints from veterans related to timeshare deceit and bait and switch tactics, which are defined by the FBI as fraud for profit.  Often elderly veterans are mentioned as being targeted by the Timeshare Advocacy Group, TM which fights for active duty and retired military who fear losing their security clearance, career, homes or other assets.  Foreclosures and financial distress because of these misrepresented investments are happening every day to elderly disabled veterans and their families. In the past, VA has cooperated with the Consumer Financial Protection Bureau (CFPB) over mortgage and other loan scams that caused financial hardships for veterans.  Home loans and timeshare loans are identical as both are reported as foreclosures. WoA asks that Congress consider a role for the VBA Employment and Economic Initiative (EEI) could play in cooperation with CFPB to educate and protect veterans from unscrupulous financial predators and fraudulent practices.

Consider a donation to Whistleblowers of America if you have been helped by Timeshare Accountability Group™

It’s remarkable that a timeshare member must go through this many stressful hoops concerning a product that was sold to be stress reducing. If you have skills that could help others, consider becoming a Supporter. Contact TAG.

Related articles:

3Rs or F of Timeshare

The Timeshare Tax Trap, February 26, 2019

Arizona HB 2639, March 1, 2019

Arizona HB 2639, March 5, 2019

Florida HB 435, March 15, 2019

Florida HB 435, March 19, 2019

Nevada SB, March 22, 2019

Arbitration October 24 2017

Member self-help groups

We seek to provide timeshare 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.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Irene, this information should prove a great help to many of our readers, it is just a shame that we have to resort to this type of action. One day the industry may just realise that it is through their own greed that they are on the receiving end of so many complaints.

Once again the weekend is upon us, whatever you are doing and wherever you are, have a great weekend and join us next week for news and information on the murky world of timeshare.

Friday’s Letter from America

Welcome to another Letter from America, over the past few weeks we have been publishing various articles on Bills which may have a detrimental effect on timeshare consumers. This week Irene Parker shares how she sees the legislation being proposed.

A Legislative Scorecard – Nevada Florida and Arizona

How to Connect Lobby Dots

By Irene Parker

April 12, 2019

VOTE “OPPOSED” TO NEVADA SB 348 UNLESS THE BILL IS AMENDED TO OFFER TIMESHARE BUYERS (NOT JUST THOSE RETAINING EXIT SERVICES), 24 HOURS TO REVIEW A TIMESHARE CONTRACT.

Review means an offer to be able to review a contract 24 hours before signing.

This offer should not be buried in fine print. Timeshare buyers who wished to waive the requirement could do so.

Rescission Period means the 3 to 10 days a member has to review after signing.

Nevada has an easy method to comment on the legislation. Select SB 348 and oppose the bill unless amended to allow a timeshare buyer 24 hours to review a contract:

https://www.leg.state.nv.us/App/Opinions/80th2019/

Why would the American Resort Development Association (ARDA), an industry-supported PAC, and ARDA ROC, (Resort Owners Coalition), be so opposed to offering timeshare buyers 24 hours to think about their decision to sign a perpetual contract with little to no secondary market?

A recent complaint received by Inside Timeshare:

The timeshare member is single, over 70 years old. From 2015 to 2018 the member was ping-ponged back and forth seven timeshare times told, “You should not have bought Hawaii points,” and then “You should not have bought US Mainland points,” until up-sold into insolvency. The member has lost their entire retirement savings that were worth almost $400,000. The member also suffered tax consequences due to liquidating a retirement asset.

The timeshare member identified six timeshare sales agents, of which five are repeat offenders, names well known to Inside Timeshare. The sixth is an up-and-comer who up-sold the senior in Hawaii at a prior update. On a subsequent visit to Hawaii, a family member accompanied the senior to a March 2019 “mandatory” meeting. The sales agent informed the senior that there is going to be a huge Special Assessment in the US program so the member needed to switch back to Hawaii from the US program for the eighth time in four years. If agreed to, this would have cost the senior over $60,000, pushing the loss to more than $400,000. The sales agent also told the family member and the timeshare member that he has a broker they could retain to rent and get money back and at some point in time, the points could be sold back. They added that purchasing these additional points would also allow the member to use points to pay maintenance fees.

I am 100% confident the timeshare company will tell the member that they signed a contract. They will file a complaint with the Nevada Real Estate Division (NRED). NRED will provide the senior with a “You have no proof” letter.

ARDA lobbyist Don Isaacson has been quoted, “The state should not be concerned with those who did not bother to understand the product.”

I wish the member’s story was unusual. At the Florida legislative workshop and at the Arizona hearing, lawmakers themselves reported how they had experienced unfair and deceptive timeshare sales practices.

An overlooked Nevada bill:  

Nevada Assembly Bill 438: Vacation and Timeshare Plans

https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6835/Text

An OPC is a bird dog, if you will, hanging out at strategic locations, offering incentives to hear about something. NV AB 438 has no single sponsor. Many times I heard a member complain that they were not told it was a timeshare presentation. Nevada Assembly Bill 348 is an act relating to timeshare, providing the following:

Section 1 states:

1. The Administrator may impose a fine or suspend, revoke, reissue, subject to conditions, or deny the renewal of the registration of any representative if the representative has, by false or fraudulent application or representation, obtained a registration or is found guilty of (a) Making a material misrepresentation; (b) Making any false promises of a character likely to influence, persuade or induce another person to attend a timeshare presentation; (d) Must disclose that the promotion is for solicitation of timeshares.   

Florida HB 435: GENERAL BILL sponsored by freshman Representative Wyman Duggan profiled on LobbyTools.

Effective Date: 7/1/2019

At a Florida legislative workshop held March 12 in Tallahassee, the Florida Attorney General’s spokesperson admitted Florida received 1600 timeshare complaints annually in recent years, 700 so far this year, the bulk concerning the initial sales presentation, 50% seniors. “We engaged 42, mostly about resales,” they added.

This is good news for perpetrators as they can be assured oral representation will be dismissed, despite a volume and pattern of complaints.

Arizona ARDA lobbyist Don Isaacson assured those who attended the Arizona HB 2639 hearing that unfair and deceptive timeshare sales practices are minimal because Arizona only received 250 complaints in a year arguing that allowing a buyer 24 hours to review a perpetual contract is not necessary.

The Arizona House Bill 2639 was aimed at alleviating unfair and deceptive timeshare sales practices. The bill included allowing a timeshare buyer 24 hours to review a perpetual contract. ARDA was able to get this item in the bill thrown out.

I wrote “Timeshare Foreclosure Explained to Lenders” so members foreclosed can explain to their lender how when “pitched heat” by unscrupulous timeshare sales agents, they can lose $100,000 or more in a week, one second after the rescission period ends because the resort can fall back on the oral representation clause. By their own admission, Florida’s timeshare division DBPR will fall back on it too.  https://insidetimeshare.com/the-tuesday-slot-18/

From AZ HB 2639

Buyers often enter into timeshare contracts when on vacation, are encouraged to review documents after they return home from vacation, sometimes long after the rescission period has ended – leading to confusion, anxiety and costly fees that can last years.

The timeshare lobby ARDA and the timeshare industry have yet to acknowledge unfair and deceptive sales practices exist on the front end of the timeshare sale. The amount of money lost to timeshare exit companies pales in comparison to the amount of money timeshare members say they lost because they believed a timeshare sales agent, according to our 800 readers.  

When timeshare members receive their maintenance fee invoices, they are asked to make a $3 to $10 donation to ARDA ROC. Timeshare members collectively give ARDA ROC approximately $5 million a year. I have yet to meet the timeshare member who can tell me what ARDA ROC even stands for.

Timeshare members that have contacted Inside Timeshare are not trying to weasel out of their contracts because they can’t afford them. They allege unfair and deceptive timeshare sales practices. Our readers include doctors, lawyers, two private investigators, mortgage loan officers, professors, MBAs, war heroes, law enforcement professionals, criminologists (one a PhD), a detective who worked economic crimes under cover, and a contract specialist for ConEd, all alleging unfair and timeshare sales practices. What chance has the vulnerable?

All we ask is make it a level playing field, by providing disclosure, alerting the consumer – you cannot believe a word timeshare sale agents say because they could be “pitching heat.” Unscrupulous sales agents also harm honest sales agents trying to sell the product honestly. We’ve heard from a lot of them.       

The American Legislative Exchange Council

The reporter in this YouTube describes how lobbyists sit at the table with legislators filling in the blanks crafting desired bills tailored to their wishes. https://www.youtube.com/watch?v=6MHYOB5uptc

Our volunteers answer questions about regulatory filings when members complain of unfair and deceptive timeshare sales practices. Many members have resolved disputes by filing regulatory complaints. Too many families have been financially harmed by their decision to buy a timeshare, a product advertised to reduce stress.

Self-help groups we feel are not industry influenced:

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Other related articles:

Arizona HB 2639

http://www.orlandosentinel.com/opinion/os-florida-timeshare-tactics-scott-maxwell-20150411-column.html

https://www.consumeraffairs.com/news/diamond-resorts-still-cant-explain-why-it-sold-250000-worth-of-timeshare-points-to-an-88-year-old-032919.html

https://amp.usatoday.com/amp/3310015002

Thank you Irene, all we can hope for is that these Bills do not get through, timeshare consumers need protection not just from unscrupulous resale and exit companies but also from the industry as a whole. We have often stated that timeshare could be a good product, but as we know it is the way it is sold and the unfair conditions consumers have to put up with that are the problem.

Have a great weekend and join us again next week for more news and views on the world of timeshare.

The Tuesday Slot

Welcome to The Tuesday Slot, today we look again at the Nevada Senate Bill 348, with the introduction by Irene Parker and comments from Michael Kosor. Once again it looks like the industry is moving to protect itself rather than the consumer, yet the problem is one of their own making.

In Europe a new organisation has been created, EUROC, yes, it is the European version of ARDA ROC, it is being funded by ARDA and RDO, (Resorts Development Organisation) Europe’s timeshare trade body. EUROC is being set up to replace the discredited TATOC, which closed down in 2017. Once again it is a smokescreen to give consumers the illusion of having a voice. According to the press information, the two organisations behind it are only going to fund it for a year, after that it should be self sufficient, well, we shall wait and see.

URGENT AND TIME SENSITIVE

If You Bought a Timeshare in Nevada and Experienced Unfair and Deceptive Timeshare Sales Practices

Nevada Needs to Hear From You

The Next Timeshare Legislative Battle is April 5 in Nevada

Nevada Senate Bill 348 is an identical Bill that follows Florida HB 435

Nevada SB 348:  https://legiscan.com/NV/text/SB348/id/1965282

Introduction by Irene Parker

Comments by Nevada resident and Timeshare Advocate Michael Kosor

April 2, 2019

As part of Nevada SB 348, the timeshare lobby ARDA has proposed that timeshare members seeking exit services wait 24 hours before a timeshare member signs a timeshare exit service provider contract. Given the volume of complaints concerning fraudulent timeshare sales, if anyone needs 24 hours to “sleep on it,” it is the timeshare buyer. Buyers typically sign a perpetual timeshare contract with little to no secondary market. When deceived, contracts signed for even $100,000 or more are worth nothing seconds after the rescission period.  We previously reported how easily a sales agent can dodge the rescission period.

Some states, like Arizona, understand the plight of timeshare victims, especially if lawmakers themselves experienced deceit. The reverse is true in Nevada. Many of the 779 complaints Inside Timeshare received were directed against Nevada sales centers. The Nevada Real Estate Division (NRED) dismissed all with a “You have no proof” letter. It is likely Nevada SB 348 was proposed due to a less than warm reception for the identical Florida HB 435, given the comments made by Florida representatives who themselves experienced negative timeshare experiences. Nevada SB 348 was proposed on the last day a bill could be filed.    

In Florida, spokespersons for the Florida Attorney General’s Office and the Department of Business Practice and Regulation (DBPR) reported Florida received 1,600 complaints each year for the last few years with 700 complaints already received in 2019. Of the 1,600 complaints, it was reported that most complaints are about the initial sales presentation and approximately 50% were reported by seniors. Only 42 complaints were “engaged” and those they said were mostly about resale.

In effect, perpetrators in Florida and Nevada have been given the green light to make up anything to sell points, knowing complaints are likely to be dismissed by the timeshare company and by NRED and DBPR. Florida is a two party state so consumers cannot legally record the sales presentation.             

ARDA lobbyist Don Isaacson opposed the pro-consumer Arizona HB that would have required timeshare buyers be granted 24 hours to review a timeshare contract. His argument was that Arizona only receives 250 annual timeshare complaints.

If you experienced unfair and deceptive timeshare sales practices in Nevada, there is an easy method to comment on pending legislation. If you signed an NDA you can still make a general comment asking the bill to be amended to include the offer of a 24 hour period for the buyer to consider the purchase of a timeshare.

To voice your opinion click on Nevada SB 348 to comment:   

https://www.leg.state.nv.us/App/Opinions/80th2019/

Thousands upon thousands of people across America and in the European Union are reporting unfair and deceptive timeshare sales practices. Just this week Consumer Affairs reported on a couple over the age of 85 sold $250,000 in timeshare points. USA Today and the Arizona Republic reported on a couple nearly 90 years old sold $150,000 in timeshare points. In March I received a complaint directed against the same timeshare company from a couple turning 90, both diagnosed with age-related dementia. They were sold $145,000 additional timeshare points promised a maintenance fee relief program that does not exist. A third complaint against one agent, a sales agent we have on a recording defrauding a veteran a year ago, sold a couple ages 79 and 80, 90,000 timeshare points. The husband is diagnosed with Alzheimer’s; the wife’s first language is Cantonese. They were unsure of the purchase price but a conservative estimate is $240,000.    

There’s more!

If this bill passes, law firms providing timeshare exit assistance and legitimate exit providers would not be allowed to receive payment for services provided until all services have been provided. Timeshare companies have not been forthcoming in even notifying timeshare members that their loan has been cancelled. Many have reported not learning of a loan cancelled until a 1099C arrives in the mail.

We want timeshare buyers to be offered 24 hours to think about their decision to sign a timeshare contract. This could be waived if the buyer chooses, but would allow those unduly pressured to consider their decision, consult an attorney, mom, dad, son or daughter. As things stand, same day sales are demanded after exhausting sales sessions.

The proposed “cooling off period” as stated in the NV SB 348:

A time-share exit assistance or relief services provider shall give the owner who is not a developer not less than 1 business day to review a contract pursuant to this section.

Timeshare exit providers have heard from thousands of timeshare buyers desperate to find release. Voice your opinion – click on SB 348 and demand your 24 hours:

https://www.leg.state.nv.us/App/Opinions/80th2019/

Timeshare members collectively donate approximately $5 million a year to the timeshare PAC ARDA ROC through “voluntary” donations via their timeshare maintenance fee invoice, yet not one of the 779 timeshare members who have contacted us could tell me what ARDA or ARDA ROC stands for. These donations fund ARDA lobby efforts. ARDA purports to be lobbying for the consumer, but what’s wrong with a consumer being allowed 24 hours to think over a purchase that has financially devastated so many families?  

Michael Kosor, a Wyndham owner and Las Vegas resident, responds to Wyndham Sr. VP Jason Gamel who testified at the Florida HB 435 legislative workshop held in Tallahassee March 12

The Nevada Senate Bill 348 denies legitimate attorney representation to responsible consumers desperately seeking to escape the perpetual liabilities of a timeshare contract. Attorneys who provide timeshare exit assistance would not be allowed to charge a retainer or any money upfront until services have been provided. Challenging a timeshare contract can take up to two years or more.  

When I last visited the Nevada Real Estate Division (NRED) and sat down with an investigator on the issue of timeshare complaints I learned the following:

  • NRED continues to be one of the only states that I am aware of, with a large number of timeshare sales, with no dedicated timeshare division. I believe Nevada is #7 in timeshare sales.
  • NRED has no legal staff, thus NRED must forward all legal questions to the Attorney General.
  • The investigator confirmed that NRED produces no public report to anyone, including its own investigators, on the number, type, and/or outcome of timeshare complaints filed. Are there fifty or fifty thousand complaints?

Wyndham Sr. VP and attorney Jason Gamel, who provided testimony at the Florida HB 435 Workshop held in Tallahassee March 12, made some arguably false comments in response to Florida state Representative Newton’s question about Wyndham’s dissolution policies. Mr. Gamel explained that there was no need for owners to contract with an exit service provider because members seeking a loan cancellation due to hardship can apply for a hardship release through Wyndham. Those who were denied release and contracted with an exit service provider, or those with pending litigation, will find the testimony interesting.

When asked about the percentage of owners who would be eligible for release through Wyndham’s dissolution program, Gamel stated “…over 99% of the inventory qualifies and if the owner is current in their maintenance fees and their mortgage is paid off, it’s literally just about everybody. So anybody that has called us in the last few years while this program has been active, we have taken those timeshares back.” He further went on to state, “If they qualify for the program everyone gets out.”

I have talked to those who own Wyndham (as I do), who tried to get out but did not “qualify”. When I researched the program I discovered:

  • A policy to exit a Wyndham contract is only a few years old at best.
  • To my knowledge, Wyndham doesn’t publish any qualification criteria. I am an owner. I have asked. They will not provide the specific policy criteria in writing or in a telephone conversation as to what is sufficient to “qualify”. If anyone has the qualification criteria of any developer, exchange program, etc., I would like to see and share it. It is my assessment “qualification” is a purely subjective determination made by Wyndham.
  • Contrary to my experiences and those I have talked to, more often than not, simply being current on maintenance fees and having no mortgage does not automatically result in the ability to exit/dissolution.
  • In my opinion, the entire effort is primarily a smoke screen created in response to increased consumer issues seen as threatening a very profitable business model while deflecting attention away from fixing the flaws in the product and its lack of a resale market.
  • Florida Representative Newton requested and was promised information to support Gamel’s assertions. I hope it will be made public.

Mr. McKelvey, representing ARDA ROC, also made some questionable comments that need to be rebuked. First, he claimed “most of the developers I know and certainly most of the timeshare managers I know, and I managed timeshare properties for thirty years… every single resort had a dissolution policy, every single (one). There was a way to get out. You had to come to your management company, and based on what the board of directors instructed us (the management company) to do in the terms if they had to pay a fee or if they had to be current, whatever those situations were, we did not have a one that did not have a dissolution policy and a hardship policy….”

Mr. McKelvey’s Defenders Resorts may have had a dissolution policy, but in no way can the statement be supported that all resorts have a dissolution policy.

McKelvey went on to imply dissolution policies are “passed by your board of directors.” These are not developers, these are board members elected to a board that have passed a certain dissolution policy. We send that (dissolution policy) to the directors, but we never get an answer.

There is much to challenge in McKelvey’s testimony:

  • I seriously question the validity of his claims related to the vast proliferation of dissolution policies.  
  • There is a huge difference in “having a way to get out” and getting out.
  • Dissolution policies, contrary to what McKelvey implies, are the developer-controlled boards of the corporations and exchange trusts formed by the developers used in the developer’s affiliation (exchange) programs.
  • I find it incredible that legislators and consumer protection agencies fail to act on the realities encased by prior flawed and outdated legislation that permits the sale of perpetual contracts, on the twin legal fantasies that timeshares represent an interest in real estate, and the equally damaging “constructive notice”- a presumption purchasers are knowing of and accepting of all the contract provisions imposed. I know of no other consumer product that fits these twin categories and have produced so much wealth destruction. As I have said in the past, the properties of real estate have been stripped away from timeshares. Buyers own little more than a “membership” in a strange sort of country club that can cost $100,000 or more upfront with perpetual liabilities.

ARDA’s claim that it represents both the industry and the consumer needs to be debunked.  Who are the true consumer advocates?

Thank you Mike for your opinion. Please voice your opinion on the Nevada link provided. Venting on complaint sites is easy and might make you feel better, but venting affects no change.

Self-help groups we feel are not industry influenced:

We seek to provide timeshare 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.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

The Tuesday Slot

Welcome to the Tuesday Slot, today in her article Irene Parker continues to address a very serious problem that of timeshare foreclosure, especially for seniors. Inside Timeshare has been highlighting this problem for some time and we will continue to do so.

Timeshare Foreclosure Explained to Lenders

When and Why Some Timeshare Buyers Have No Choice

The Heartbreak of Senior Timeshare Foreclosure

We had to do a reverse mortgage on our home as a result of these timeshare purchases because our social security income was too low to cover the total charged on both Barclay cards. A reverse mortgage was the only way we saw to deal with the financial distress.  My credit score was 817 the day we met with the timeshare sales agent but it has gone down considerably after that purchase.

A former Army Captain, Vietnam

By Irene Parker

December 18, 2018

Over the past year I have received calls from mortgage brokers calling on behalf of former timeshare members trying to buy a house, battling the decline in their credit score due to timeshare foreclosure. When I explain to the lender that consumers are often left with no choice but to foreclose, due to no secondary market and the contract perpetual, the call has always ended with the mortgage broker convinced.

Six grown children, alarmed and astonished at the deceit their parents described at the hands of timeshare sales agents, have connected to bring to light unfair and deceptive timeshare sales practices. Their parents are being driven, or were driven, into timeshare foreclosure. They possessed credit scores over 800 until they were up-sold into insolvency, now trying to understand how our country could leave senior after senior financially devastated. Two of the six families have previously published articles. On Friday we publish an article submitted by a third family, her parents financially and physically devastated because they believed a series of timeshare sales agents. We have received 20 complaints directed against their sales agent. He earned $2.4 million selling timeshare points in 2016 and $2.4 million in 2017. The complaints are similar or identical.

If you buy a house, car, or boat, and there is loan outstanding, you can still sell the asset. Timeshare companies themselves don’t want the timeshare back because, when no longer wanted or needed, a timeshare is a liability. What would happen to the primary housing market if we suddenly learned there was no secondary market? Damages suffered by senior timeshare members, often accumulating points over several purchases, are commonly $100,000 to $300,000 or more, easily the cost of a home. Often the  report of deceit happens at the last one or two purchases, because a level of trust developed over the years until they purchased for reasons that did not exist – programs that would relieve them of maintenance fees or allow them to sell points. Members reaching out to us all report that they were told at purchase the timeshare would be easy to sell, it is real estate, an investment.

When the buyer has experienced unfair and deceptive sales practices, the result exacerbates the financial disaster, as has been reported by many of the 626 families that have reached out to us angry, overwhelmed and desperate. Some have learned within 24 hours after the rescission period, what they bought was a far cry from what was described.   

Such deceptive practices are known within the industry as “pitching heat” and the answer to complaints are routinely dismissed with, “You signed a contract” or “We are not responsible for what our sales agents say.” In Nevada, all complaints we have received that were submitted to the Nevada Real Estate Division quickly received a “You have no proof” denial. In Florida, the response has been, “Verbal representations are hard to prove.”

Fine, but why not let the consumer know a timeshare sales agent can say anything to make a sale. Let the consumer know they can’t believe a word a timeshare sales agent says. That would at least be transparent. Florida is a two party state, so consumers are not even allowed to record. How is proof even possible?

At the end of this article I list several Attorneys General settlements and lawsuits supporting my claim that the finger needs to be pointed also in-house, instead of solely at timeshare exit companies. The timeshare developer created this timeshare exit scam nightmare. Timeshare companies list in their annual reports that a viable resale market is a risk to their (stock) investors. Not all exit companies are scams, but many are. An FTC report on exit and transfer scams:

https://search.justice.gov/search?query=timeshare+scam+report&op=Search&affiliate=justice

I liken million dollar deceptive timeshare producers to a baseball player like Jose Canseco, breaking the performance enhancing drug rules to earn millions, while other teammates earn far less because they did not break the rules. Honest timeshare sales agents are harmed by the actions of the dishonest too.    

According to GustonCho Associates, “Many consumers purchased timeshares in the 2000’s when the real estate market was hot.”

  • After the 2008 Real Estate And Mortgage Meltdown bankruptcies and foreclosures soared to historical highs
  • Among foreclosures were consumers who purchased timeshares and could no longer liquidate the timeshares and had to go through timeshare foreclosures
  • I get many calls by home buyers who were told by banks and mortgage lenders that they do not qualify for a FHA Loan because they have a timeshare foreclosure
  • Timeshare owners were told that there are mandatory waiting period after timeshare foreclosure to qualify for a FHA Loan
  • This is not true and unfortunately, these loan officers who are telling home buyers that there is a waiting period after timeshare foreclosure to qualify for a FHA Loan do not know what they are talking about
  • There is no waiting period to qualify for a FHA Loan with a prior timeshare foreclosure
  • Timeshares are not considered real estate loans
  • Timeshare loans are considered consumer installment loans under HUD FHA Guidelines

Read more https://gustancho.com/fha-loan-with-timeshare-foreclosure

We have also received requests for help from the millennial generation. Seniors often tell me that at their age, they don’t care what happens to their credit score, but for the younger buyer, a timeshare foreclosure at a young age can also be financially devastating.

Not one member who has contacted Inside Timeshare realized their contract was perpetual or that there was little to no secondary market.    

The Foreclosure process is gruesome. There will be threatening calls and the hit on the credit score. Timeshare today is broken. When sales agents can lie and laugh about it, at the expense of the young and the old, financially devastated by their vacation plan, something is very wrong. Too many families have been financially harmed by an industry run amuck. Rising loan loss provisions are just a number on an annual report to Wall Street and the developers. To us, they are broken families.   

Lawmakers, heavily influenced by the industry, don’t seem to care because timeshare buyers don’t typically buy a timeshare in the state they live in. Attorneys General try to protect the public, but the settlements achieved so far have been mere speed bumps in extraordinary revenue streams.  

A few of the Attorneys General investigations and settlement and lawsuits:

New York Attorney General reaches $6.5 million Manhattan Club Settlement

https://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club/

A jury awarded former Wyndham sales agent Trish Williams $20 million

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html

Attorneys General on the side of timeshare owners:

Colorado Attorney General Cynthia H. Coffman, as reported by Business Den reporter Amy DiPierro, concerning Highlands Resorts in Colorado and Sedona Pines in Arizona:

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

Tennessee Attorney General Herbert Slatery III settled with Festiva timeshare for $3 million:

https://www.tn.gov/attorneygeneral/news/38312

Alongside AGs, the Consumer Financial Protection Bureau conducts an ongoing investigation of Westgate timeshare as reported by Matthew Zeitlin at BuzzFeed:

https://www.buzzfeed.com/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times?utm_term=.dwoQKVw3QQ#.doJ0ka1K00

Jefferson City, Mo. – Attorney General Chris Koster today announced that Welk Resort Sales, Inc., a California corporation that sells timeshares in Branson, has entered into an agreement to pay $18,000 in restitution to Missouri consumers who purchased timeshares from Welk.

https://themissouritimes.com/21184/release-attorney-general-koster-obtains-restitution-for-consumer-victims-of-timeshare-sales-company/

HARRISBURG – The Attorney General’s Bureau of Consumer Protection has reached a settlement with Florida – based BlueGreen Corporation that addresses complaints about the company’s alleged use of deceptive “contests,” misleading sales presentations and improper contracts in the marketing and sale of timeshare vacation packages in Pennsylvania.

http://www.pacast.com/press_releases/1272_OAG_BlueGreen_feed.pdf

Arizona AG issues an $800,000 fine and an Assurance of Discontinuance against Diamond Resorts

https://www.azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Bluegreen stock downgrade August 17, 2018

Bank of America Merrill Lynch’s Shaun Kelley downgraded Bluegreen Vacations from Buy to Underperform and decreased the price target from $26 to $19.

https://finance.yahoo.com/news/bluegreen-vacations-interrupted-sell-side-190725946.html

Self-help support groups we feel are not industry influenced:

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Where are you?

Thank you Irene, as usual you have highlighted very well a severe problem and explained it in a very simple manner. In this Friday’s Letter from America, another new contributor Brenda Santos, highlights the “Nightmare on Timeshare Street” of her elderly parents at the hands of an unscrupulous sales agent. We think this will make your blood boil, so join us for our last Letter from America this year.

Friday’s Letter from America

It’s Friday and time for another Letter from America, this week another new contributor Elaine L, in her Open Letter to many heads of the timeshare industry explains her “Nightmare on Timeshare Street”. But first some news from Europe.

Yesterday we published the article on SilverpointsCompany Participations” scheme and the fact that they admitted in court that it is indeed timeshare, just after we published we had some more news regarding Silverpoint.

In a case that was won recently the lawyers from Canarian Legal Alliance have had success in securing another “Cash Embargo” against this company, also securing the payout to a German client. This happy client has now received the grand sum of 57,239.67€, which is 15,292€ more than they originally paid to Silverpoint for their timeshare.

Once again this is a tremendous blow to a company that has for many years been making millions from unsuspecting clients, the courts are obviously taking a very dim view of these past transgressions.

Inside timeshare has also received information from another reader regarding timeshare presentations, this time Azure Resorts in Malta, incidentally this is another Silverpoint company. This time it is regarding the QA sessions or what is commonly known in Europe as “button up”. It is the stage where the contracts are gone through with the client and explained.

Apparently these sessions are now being recorded, our reader explained that the person conducting the QA or button up re-words what the sales rep has told the client, such as the timeshare will go up in value and that they can sell it on if they no longer want it. The QA staff explain that they cannot guarantee increase in value or future sale, that is down to market forces. Again this is another attempt to secure the sale and negate any future litigation and complaints.

It must also be remembered that the person conducting these sessions is usually also on a commission for the completion, so it is in their best interest to ensure that the client does sign.

So now on with this weeks Letter from America.

An Open Letter to:

Michael Flaskey, Diamond Resorts CEO,

Robert Clements, ARDA lobbyist and Attorney

Gary Stein, head of Apollo Corporate Communications

Charles Zehren, Apollo Investor Relations

By Elaine L, #83 in our list of veterans, active duty service members, Department of Defense workers who feel we experienced unfair and deceptive timeshare sales practices

November 30, 2017

Timeshare sales can pose a national security risk. Just about anyone can get hired to sell timeshare points, and for those of us with Top Security clearances, our careers could be in jeopardy because we believed a timeshare sales agent. When the timeshare sales agent suffers no consequences, the sales agent has been given the green light to sell by any means knowing all complaints are answered in favor of the sales agent.  

 The public needs to know their complaint will fall on deaf ears before buying a timeshare. No matter what the sales agents said, and with little to no enforcement, the buyer will be held responsible for the contract. Diamond should want the public to know this.

According to Social Media reports, the Nevada Real Estate Division (NRED) also  dismisses complaints with, “You have no proof,” so there is nothing to stop a sales agent from making up reasons existing member need to buy additional points.

Our complaint:

Ages 50 and 49 respectively

I have a Top Secret security clearance

October 13, 2018 complaint

At a December 17, 2017 meeting, we asked Davia H about selling the Diamond/ Sunterra timeshare we already owned. We had tried unsuccessfully to sell our timeshare.  We made it clear that our interest was to sell all our interest in Diamond/Sunterra points.

Davia told us that there was no way to sell the Sunterra timeshare because we did not have “Full Club Member” Diamond benefits. She encouraged us to become “Full Club Members” with the promise of being able to sell the timeshare easier.

She said that the points we owned from our original timeshare were worthless and that we needed to upgrade to a “Full Club Member” to receive “benefits that would increase the value of the timeshare to make it worth buying.”  We were quoted a unit price of $8 per unit. We feel that not disclosing that timeshare points are worthless was a material omission.

Davia showed us Timeshareangels.com (a site selling Wyndham Resorts points and timeshares) – she told us she is also a Wyndham timeshare sales agent and said that people were selling points (units) for $4-$6 per unit. Davia showed us examples of listings for Wyndham timeshares. It has been widely reported Diamond points are worthless.    

Davia also said that she would show us how we could make money off our timeshare, if we bought into Diamond’s “Full Club Member” status. Davia advised us to wait six months before trying to sell because the value of the timeshare would increase. She also told us that she knew someone who helps people sell their timeshares and could give us her contact’s information. Given Davia told us to wait six months before trying to sell, it was too late to rescind the purchase agreement. Repeated calls and texts to Davia went unanswered.

Other claims Davia made:

  1. Our management fees would be locked in as “Full Club Members” so maintenance fees would no longer increase,
  2. The value of the timeshare would appreciate over time because of the affiliation Diamond now has with the Apollo Group. Due to the affiliation with Apollo, Davia said we could recoup our cash outlay and the value of the timeshare would continue to increase over time. Davia said the Apollo Group paid way too much for Diamond so were eager to recoup some of the losses.
  3. We could make our points earn money by selling them – she said we could sell our points for more than the $8/point we were paying.

We did not want to buy more points. We only bought points so we could sell them.

3500 points purchased at Cancun Resort in Las Vegas December 17, 2017

Purchase Price: $15,375

Barclays Credit Card opened and charged $14,000

I have filed a complaint with the Securities and Exchange Commission. I will also be writing to Maureen Farrell at the Wall Street Journal, who wrote of Diamond’s upcoming $4 billion IPO. Wall Street needs to hear our side.

Our original complaint sent March 1, 2018 was ignored. Davia used information asymmetry to make money off people in my position. My job and career are at stake due to her charade due to my top security clearance.   

Diamond used the recording of the Quality Assurance against us. The “Hospitality” agent said my husband had asked two questions. The questions were about an assessment fee and how long is escrow. How could we ask questions about the ability to make money or sell points if we didn’t know Diamond points were worthless?

The recording of the QA was reported in a Diamond CLARITY press release to be for the purpose of enhanced training. Several members have reported the QA recording has been used against them. I would like to know if the QA person is penalized financially if a sale doesn’t go through. Diamond does not allow the recording of the sales presentation. For us, there was no Diamond CLARITY promise of RESPECT for the customer, clear, concise, accountable and transparent information.

I sent our complaint to this list of contacts found on our advocacy Facebook page:

To: Michael Flaskey, CEO

Barclay’s President’s Office

DR PR Firm

ARDA

ARDA ROC

Association of Vacation Owners

Hospitality

If a sales agent can say anything to sell points, and the company response is that you signed a contract, then the public must be warned that they should not believe a word a timeshare sales agent says. There are over 2100 members on our member sponsored Facebook page.     

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

Thank you to Elaine for your contribution this week, we are sure it will be recognised by many of our readers, we can only hope that all those it is addressed to actually take notice, somehow I very much doubt it.

If you have had any experience such as those we publish, or have been contacted by any company telling you they can “exit” you from your timeshare or even get you “compensation”, use our contact page and let us know. Inside Timeshare will point you in the best direction and save you a lot of your hard earned cash.

Have a good weekend and join us next week for more “Nightmares on Timeshare Street” and all the other scams that are out there.

Friday’s Letter from America

Welcome to this week’s Letter from America, today Irene Parker gives us a report on the 3rd Quarter of Timeshare Advocacy Group.

We are also pleased to announce the publication of The book Everything About Timeshare, Before, During and After the Sale is just around the corner, plenty of time for the holiday shopping season. Our own Irene Parker wrote the Forward for Wayne C. Robinson‘s book. To stay updated on the release, subscribe to this link:

13 SHOCKING SECRETS http://eepurl.com/dxsZEb

We have also received the following from one of our very concerned Anfi members and readers, this was posted on the Anfi Contracts facebook page. It would appear that there is some grave concern as to where large amounts of money have gone and members are calling for an explanation.

Ahead of Monte’s general assembly in November, an important issue needs to be clarified. In the accounts published last year, Monte’s two main debtors were, at the end of 2016: Anfi Resorts (the operational company) with an accumulated debt of €1.897.858, and Anfi Sales (the sales company) with an accumulated debt of €1.854.918.

In the accounts presented this year, Resorts are listed with €0 in debt, whereas Sales’ debt has increased by €20.000 to €1.874.755. Meanwhile, a new post has appeared: post 12, called “present investments” (translated from Norwegian), with a total of €1.456.093 at the end of 2017.

These investments represent €441.765 less than Resorts’ accumulated debt at the end of 2016. At the general assembly, the club members should be entitled to an explanation as to the whereabouts of this money, and be informed about where the “present investments” have been invested.

Well all we can say is we will be watching this story as it unfolds with the November General Assembly.

Now for this week’s article.

Timeshare Advocacy Group™ 3rd Quarter Report 2018

T Shirts are in! (T Shirts are blue)

  

By Irene Parker

October 12, 2018  

Timeshare Advocacy Group™  has heard from exactly 600 timeshare families as of September 30, 2018, since we began tracking complaints in 2017. We received a total of 267 reports from families for all of 2017, so 333 families for the first three quarters of 2018 is a dramatic increase.

2018 broken down by quarters:

1st quarter 126

2nd quarter 111

3rd quarter 96

We anticipate an upswing fourth quarter when maintenance fee invoices go out. We have already received 21 new complaints from October 1 to October 10.

Most families contacting us are angry, overwhelmed, and confused, all but a handful describing unfair and deceptive sales practices. They say they bought a timeshare for reasons that did not exist, based on false promises made by timeshare sales agents. The Brett Kavanaugh hearings have taught us about the importance of the burden of proof. While four FBI agents and several attorneys have told me it is not legal to use and abuse the oral representation clause, the ingrained mantra timeshare company response to the majority of complaints is “You signed a contract.”

Not one member who contacted us was aware of the inadequate secondary market until hit with a medical or financial crisis, like Ashley Muise our newest Inside Timeshare contributor. Ashley’s baby was born needing two open heart surgeries. Adding a timeshare loan foreclosure on top of that kind of stress has driven many families to despair. Most of our senior readers maintained an 800 plus credit score for 30 plus years, now forced to endure the demeaning timeshare foreclosure process. I would not make a good timeshare customer service representative because I am moved by their distress.

According to the U.S. Federal Trade Commission Section 5:

https://www.federalreserve.gov/boarddocs/supmanual/cch/ftca.pdf

Our standard disclaimer is that we know there are millions who bought and use their timeshares with no complaints. Timeshare buyers blessed with an honest sales agent should not demean or judge those who say they experienced unfair and deceptive sales practices.

“Don’t call a timeshare exit company!”

“We have your best interest at heart!”  

This the message one timeshare company sent to their members.

No they don’t have your best interest at heart. If the timeshare company had your best interest at heart, why do they almost always respond, “You signed a contract” when members complain about being lied to. They have their bottom line’s best interest at heart. The timeshare developer doesn’t want anyone to stand in the way of their “recaptured inventory” process. Timeshare company annual reports list a secondary market as a risk to shareholders.

The timeshare developer

The timeshare lobby

Lawmakers and some regulators

We are as much against timeshare exit companies as the developer, but given the “Hear no evil, see no evil” response from the industry as to the obvious deceit perpetrated by timeshare sales agents, it’s hard to feel sympathy for the timeshare developer plagued with “cease and desist” letters. They say their members are being “targeted” when in fact members are desperate and turn to internet key words for help.

The Florida Department of Business Practices and Regulation (DBPR) advises members to call a lawyer – referring them to what amounts to be a lawyer phone book of sorts. More than a few times the member ended up with a lawyer who doesn’t know what they are doing because they don’t have timeshare experience. The lawyers get paid, and then we end up helping the member for free.   

Members have reported back to us that The Nevada Real Estate Division has responded to all but a few complaints with “You have no proof.” It is legal to record a meeting without the other party aware in Nevada. In Nevada members need to record the sales presentation.

The Florida DBPR, responds, “Verbal representations are hard to prove,” but Florida is a two person state, meaning both parties need to be aware of the recording of an in-person meeting. Members are not allowed to take handwritten notes from the sales agent, so I don’t know what proof anyone could produce. Tell them you will record. If they say no, forget the gift and leave. If you will be charged something if you leave, painstakingly write down every word the sales agent utters.  

Only two out of 600 complaints have members recorded. The first to record had their contract cancelled in a heartbeat. The second, even with the recording, has had to fight tooth and nail. She has received a full refund from the credit card company, their entire purchase, but the timeshare company is still not releasing her from the contract!  

Timeshare members seek straight answers, which our advocates provide free of charge from England to Malaysia.

Our 44 advocates are professionals who bring their skills and life experiences to the table, volunteering their time to help answer members’ questions.

Pete Gibbs has volunteered to be our Secret Shopper coordinator, replacing Karen Garello. Thank you to Karen for her past service.

Karen’s Secret Shopper questions:

http://insidetimeshare.com/fridays-letter-america-16/

Advocate Sheilah Brust has her three page pencil pitch from Florida that shows:

$8631

-8631    

0   (Meaning buying additional points would result in no maintenance fees)

First, Sheilah was told the company didn’t know if she obtained the pencil pitch without the sales agent knowing. When she pointed out how preposterous this defense is – while the pencil pitch is incriminating, it is inadmissible if she took it on her own! The next defense, the Florida AG timeshare reviewer told her that she didn’t understand the pencil pitch either until she talked to the company’s attorney. So how, Sheilah asked, would anyone understand this convoluted, sleight-of-hand explanation of the ability to pay maintenance fees with points? No such program exists?

Frustrated, Sheilah designed a T Shirt that we hope to sell to raise money for a legal defense fund, as has been suggested. We have several 100% disabled veterans and members with grave medical decisions driven to financial disaster, some driven to the verge of bankruptcy.  We have a five member committee to account for receipt and disbursement of funds. As of now, we are in the preliminary proposal writing stage. We are working out the mechanics of a Go Fund Me account. We will suggest buyers contribute $5 from every T Shirt to the legal defense fund.

Many of those we have helped were on their way to the upfront “guaranteed to get you out of your timeshare” firms, some that prey on those already victimized. Not all exit companies are bad, but scams abound. From this perspective, the developer, the timeshare lobby ARDA, and TAG advocates are on the same side. This 15 page Department of Justice report listing timeshare fraud, jail terms and fines, says it all:  

https://search.justice.gov/search?query=timeshare+fraud&op=Search&affiliate=justice

We seek to provide timeshare 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.

Thank you to all our Inside Timeshare contributors and upcoming new contributors. Contact Inside Timeshare if you, or someone you know, needs assistance or would like to share their timeshare story for the benefit of others.

“Knowledge speaks, but wisdom listens” Jimi Hendrix

https://www.facebook.com/timeshareadvocategroup/

That is all for this week, if you have any comments or would like to contribute an article use our contact page and we will get back to you.

Have a great weekend and join us again next week.

Friday’s Letter from America

Welcome to this weeks Letter from America by Irene Parker, who has submitted her name for election to the Diamond Resorts US Collection HOA board. As you all know Irene is a very tenacious campaigner for timeshare members and consumers rights, so for those who have vote, Inside Timeshare urges you to cast them for her.

Back in March 2016 Inside Timeshare published the following article on how resorts and resort owners manipulate the votes to suit themselves.

http://insidetimeshare.com/manipulation-votes-resorts-resort-owners/

Before we go to Irene’s article a quick update on news from the Spanish courts who returned to full swing this week and Canarian Legal Alliance sent us this review of sentences issued this week.

In the High Courts in Tenerife there have been FIVE issued against Silverpoint, a company that still denies that their contracts are illegal

There was ONE in the High Court against the Gran Canarian Resort ANFI DEL MAR, with SIX issued in the Courts of First Instance , again another company that insists it is not losing in the courts.

A total of 11 victories with a combined value of 371,882.14 € going back to their clients.

They have also had the courts enforce a cash embargo on Silverpoint in order to secure the funds for their clients. This in itself ensures that the funds cannot be diverted.

CLA have also informed us that they have already lodged 54 new cases with various courts all over Spain just as the courts reopened, so we can expect more news on that front in the future. Now for this weeks article.

My Diamond Resorts Campaign for the U.S Collection HOA Board

By Irene Parker

September 7 2018

Chantal DesjardinesDiamond Embarc/Intrawest June 2018 election results:

Five times more members voting for Chantal than closest rival places her in third place due to weighed voting.

James Orr (incumbent)    421

Robert Reyes                       361

Chantal Desjardines           2293

http://insidetimeshare.com/the-tuesday-slot-with-irene-10/

A timeshare member thinking they can actually win an HOA election is preposterous, but if throwing my name in the ring can shed some light on the plight of over 500 angry Diamond members, many saying they are financially devastated by their decision to buy Diamond points, I will suffer the humiliation of loss. When attorney friends suggested I submit my name to the list of candidates for Diamond Resorts U.S. Collection HOA board, I laughed. They didn’t.

Our member sponsored Diamond Resorts Owners Advocacy Group Facebook has over 1800 members, less industry observers, trying to understand what happened to them and why.  

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

As of September 2nd, 509 Diamond members have contacted Charles Thomas or me, all but a handful alleging unfair and deceptive trade practices. Retired Air Force Lieutenant Barry Gingrich did not contact us, but his YouTube below accurately summarizes the mantra of complaints reported by members who feel they were subjected to unfair and deceptive trade practices.

https://www.youtube.com/watch?v=Rjcgw0dAIKk&feature=youtu.be

Lt. Gingrich’s grievances:

  • Hours long tag-team, high pressure, aggressive sales presentations,
  • Told the last sales agent sold you the wrong package,  
  • Told the timeshare is a good investment, will appreciate in value,
  • Failure to address the lack of a secondary market,
  • Poor availability,
  • Sales agent will be your personal representative, but they never call back,
  • Use of a credit card will offset maintenance fees (many members complain of being able to pay maintenance fees at $.20 or $.30 per point, but when a complaint is filed, the response back is the actual 20/20 or 30/30 program that has nothing to do with paying maintenance fees at $.20 or $.30 per point).

Sales agents defend themselves by saying members lie. The typical response from some timeshare companies to customer complaints is, “You signed a contract,” echoed by the Nevada Real Estate Division and Florida’s Department of Business and Professional Regulation. When one member asked a Florida DBPR supervisor, why other states take timeshare complaints seriously based on member complaints, the response was that what other states do has no bearing on how Florida reviews timeshare complaints.

We actually liked our Diamond points until we experienced a bait and switch, easily proved. In our case, we purchased additional points in Williamsburg, VA, told Diamond was adding New York properties. We purchased for just that reason because our daughter lives in NYC. If you check Diamond’s booking site, it would take about $8,500 worth of maintenance fee equivalent dollars to stay one week at the same hotel that could be booked online for $950, checking year round. When I asked a Diamond representative about the poor value, the response was, “That’s for members who have so many points they don’t know what to do with them all.”

I filed a complaint filed with the New York Attorney General’s office that resulted in an offer to refund the purchase, but I refused after reading the non-disclosure agreement. It seemed harsh and unwarranted. Had I not been required to sign an NDA, I would have written it off as maybe the sales agent didn’t know about the poor value. I’m not saying Diamond does not have a product or that there are not Diamond sales agents selling the product honestly. The complaints directed against Diamond are not unique to Diamond. There are many lawsuits and Attorneys General investigations and settlements, not to mention thriving timeshare exit scams.

Rather than address member complaints, the goal is to behead the messenger.  

As a result of what I consider to be retaliation, for listening and responding to readers, my husband and I attended the Whistleblower’s Summit in Washington D.C. held in July of this year. The summit slogan was:

Speak Truth to Power       

 For full disclosure, my legal name is Peggy Irene Steckert.

Twice my husband and I exchanged a timeshare and ended up buying a house at our exchange location. One of our kids now asks us if we are coming back when we let her know we are going on vacation. We exchanged a week in 2001 and bought a house in Petoskey, Michigan. While on vacation, I ended up getting hired as a Director of Music for a church in Petoskey. Given the conservative nature of the church, I thought it best to use my husband’s last name of Parker. As a result, I became Peggy Parker of Petoskey, who played the pipe organ for weddings, 25 a summer. I got tired of reading it in the paper, the reporter apologizing.

Next, we exchanged a timeshare for Diamond Caverns (no relation to Diamond Resorts) and bought a house in Bowling Green, Kentucky. I ditched Peggy and switched to Irene. Given my bio describes how I opened the first Edward Jones office on the Big Island of Hawaii, I wanted to explain my name changes in case anyone, like Edward Jones, actually looks into who opened the first Edward Jones office on the Big Island of Hawaii.     

Ironically, I built my brokerage business cold calling real estate agents and timeshare sales agents. At one of my timeshare sales agent presentations at Hanalei Bay, Kauai, when I asked if there were any questions, one sales agent raised his hand and asked, “So we’re the units?” They made a ton of money, especially if they spoke Japanese.

The American Funds mutual fund company informed me in 2001 that I was the top American Funds producer for the entire west coast and Hawaii, among all brokerage firms. I also taught classes for the Small Business Administration’s Small Business Development Centers, University of Hawaii, Kona, Hilo and Maui campuses, teaching small business owners how to understand financial statements and make use of financial ratios. I team taught with a CPA classes on business structures. I gave endless seminars at Tutu’s House, which means grandmother in Hawaiian.

Fast forward to 2018 – after developing all those client relationships and great friendships with timeshare sales agents in Hawaii, it pains me to continually hear complaints directed against sales agents. Diamond Resorts considers me an enemy, not the sales agents with multiple, similar complaints.

I guess that’s not much of a campaign speech, but it doesn’t matter anyway. You can’t win.    

RECOGNITION

http://archives.starbulletin.com/2001/06/10/business/bizbriefs.html

>> Edward Jones investment representative Peggy Steckert has been named to the President’s Club of The American Funds Group. Steckert, who works out of the company’s Kaimuki office, was honored for superior service to customers and dedication to principles of sound investing. A 15-year veteran in the financial services field, she has been with Edward Jones since 1995.

Irene Parker has experience and knowledge in the fields of finance, sales and marketing. She holds an MBA from St. Louis University, and holds a Certified Financial Planner (CFP) certificate. Irene retired from Edward Jones Hawaii. She served as a founding member of the Salvation Army Board of Directors, Waimea, a member of the Condo Board at One Archer Lane, Honolulu, a member of The Ombudsman Advisory Board in Kentucky, and was a Kentucky CASA supervisor.

 

Thank you Irene and we all wish you the very best in your election campaign. Well that’s all from me as I’m now on vacation, so there will not be many articles published until October, although The Tuesday slot and Friday’s Letter will go ahead as usual. If any important information arises then I try to get it published.

Have a good weekend.

Friday’s Letter from America

Welcome to another Letter from America, this week Meryl Reyman gives her insights on the timeshare industry, or as we prefer to call it Nightmare on Timeshare Street.

Inside Timeshare and Timeshare Advocacy Group™ has received 285 timeshare complaints since January 1, in response to our articles, from timeshare members angry about purchasing a product, most allege they were deceived into buying, signing a perpetual contract with no secondary market. We received 257 complaints for all of 2017.

Given the dramatic increase in the volume of complaints, Irene will only be posting our Friday’s Letter from America to allow more time to respond to our readers. In addition, Irene is working on a research project with a team of advocates.

We hope other contributors who have previously submitted articles, will continue to submit articles and we encourage new submissions from others who would like to contribute to our cause – educate the public to prevent or at least slow the volume of complaints from angry timeshare buyers, tired of the deception.

WHY IS NEVADA THE “WE SEE NOTHING” STATE

AND MISSOURI THE “SHOW ME” STATE

By Meryl Reyman, a Nevada resident

August 24, 2018

Our most vulnerable and valued citizens—elderly, disabled and military—are often defrauded by the timeshare industry.  Since there is no federal protection in the U.S., victims must rely on the states they live in to protect their interests. However, timeshare buyers typically buy a timeshare in a state other than their state of residence, so must file a timeshare complaint in the state where they purchased the timeshare. Some state Attorneys General are listening. Nevada is not one of them.

Nevada seems to be under the thumb of the timeshare industry and is profiting from the millions of dollars that are taken out of the pockets of the victims of timeshare fraud.  Despite repeated complaints of a very serious nature, and high ticket sales, the Nevada Attorney General, via the Nevada Real Estate Division and the Nevada BBB, deny consumers cavalierly by stating “you have no proof” even when a pattern of deceit and bait and switch tactics are its own proof. The volume of similar complaints is compelling and compounding. In timeshare Mecca Florida, proof is even harder to come by because it is a two party state, meaning both parties must be aware of an in-person meeting being recorded.  

Recently the Better Business Bureau of Missouri published a report detailing a pattern of predatory practices by timeshare sales agents and “Get you out of your timeshare scams” in Branson.  

Consumer Tips from the St. Louis BBB:

Don’t Fall for Deception, Pressure and Traps Disguised as Vacations: A Better Business Bureau Study of the Missouri Timeshare / Vacation Club Industry

https://www.bbb.org/en/us/article/news-releases/18149-dont-fall-for-deception-pressure-and-traps-disguised-as-vacations-a-better-business-bureau-study-of-the-missouri-timeshare-vacation-club-industry

Look on the secondary market first. If you are interested in buying a timeshare, you may save thousands buying on the resale market. Be fully aware of what you are purchasing and from whom you are buying to ensure a smooth transaction. Make sure you have in writing the terms of the sale and what each side is responsible for paying at closing. Read the contract carefully and ask questions of the seller.

  • Don’t bow to pressure. Take time to think about your decision. Ask the salesperson to send you written information about your possible purchase, including a contract that you can review. There is nothing that says you have to sign the first thing that is shown to you. Let the deal breathe before you figure out if it is right for you.
  • Do your research. Compare travel savings with online travel services or local travel agents. Also, check out the company with bbb.org.
  • Act fast if you are not satisfied. If you sign a contract for a timeshare or travel club, you have a short window to cancel the contract if you don’t like what you purchased. Don’t wait until after you get back from your trip to take a second look at the contract and research the company you are dealing with or it may be too late. Also, always pay with a credit card so you can challenge the charge should something go wrong with the purchase.
  • Do it yourself. If you want to get out of a timeshare commitment, do the work yourself. First, turn to the property from which you purchased the deed to see if there is a deed-back program in place. If that does not work, you may have to turn to the resale market. You likely will have to make a deal with a buyer to sell the timeshare. That option often is still cheaper than dealing with a resale or liquidation company that may charge you thousands of dollars to do the same work for you.

The Message as we interpret it:

Given the perpetual nature of the timeshare contract, the lack of a viable secondary market, and rising maintenance fees, consumers can find themselves stuck – with points eventually foreclosed or taken back, only to be sold again to the next unsuspecting vacationer.

DON’T FINANCE A VACATION or any Luxury Item AT 12% TO 19% and don’t believe a word a timeshare sales agent says. As the St. Louis BBB recommends, check with a licensed secondary market resale broker. We recommend contacting a member of the Licensed Timeshare Resale Broker Association before buying any timeshare.   http://www.licensedtimeshareresalebrokers.org/

Timeshare is a multi-billion dollar industry propelled by powerful lobby dollars. The media needs to help their public by shining a light on the deceptive practices so that the consumer can make an educated decision as to whether the timeshare product makes sense for them.

Inside Timeshare, and Timeshare Advocacy Group™, whose mission is to shine a spotlight on the timeshare industry, has received about the same high number of complaints directed against Florida, Nevada, Missouri, Hawaii, California, and Virginia sales centers. Of these states, only Nevada and Florida have routinely dismissed the customer by falling back on the oral representation clause.

For more information, please contact me at: [email protected] or Timeshare Advocacy Group™: https://www.facebook.com/timeshareadvocategroup/

Meryl Reyman is a retired attorney and former senior executive of a large marketing/advertising agency located in New York City. Meryl is now a resident of Henderson, NV. She successfully rescinded a timeshare contract after learning little of what the sales agent said was true.

Thank you to Meryl for your advocacy efforts. If you or someone you know needs help with a timeshare concern, contact one of these self-help groups that Inside Timeshare feels is not industry influenced.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

This week Inside Timeshare has received many more complaints from disgruntled US members, these have been passed on to our Advocacy teams who are now working with them to sort out their problems. We have also been receiving many requests for information from our European readers, the bulk have been from the UK and all revolve around the growing claims and cancellation business. Most of the requests are about the many companies that we have already highlighted, but it will not be long before a few new names start to emerge.

The unfortunate thing is that there are some genuine law firms working very hard to help owners who are stuck in the timeshare rut, but how do you sort out which is which?

If you have been contacted by any company or have found one on the internet and want to know the truth about them, use our contact page and we will point you in the right direction. Remember doing your homework will always save you a whole lot of stress, plus it will also keep your money where it should be, in your bank!

Join us next week for more on the murky world that is timeshare, have a great weekend and if you are going to a timeshare resort, beware the “update” meeting!

The Tuesday Slot with Irene

Welcome to this weeks Tuesday Slot, today Margaret Chandler shares her “Nightmare on Timeshare Street”, with an introduction and editing by Irene Parker. This story focuses on the problems being faced by senior citizens at the hands of unscrupulous sales agents, this is being commonly called Elder Abuse.

We were actually hoping that this article was going to be pulled, but unfortunately we have not had any answer or reply from Wyndham, so on with the article.

For the Benefit of the Consumer and the Benefit of the Industry,

Timeshare Consumer Education is Important

Margaret Chandler shares her Wyndham disaster

Introduction by Irene Parker

If you buy a house and have a loan, you can still sell your house.

Inside Timeshare has heard from 443 mostly angry and desperate timeshare members, many seniors with 800 credit scores, facing foreclosure in their 70s and some even in their 80s. All report they were told their timeshare would be easy to sell or that the company would buy the timeshare back. Margaret contacted two licensed timeshare resale brokers. They both told her there was no demand for timeshare points.

I contacted Tom Tubbs of Island Consulting Realty. Tom has been in the timeshare resale business for 32 years. Tom said Wyndham points can be listed for a penny or a penny and a half a point. So, for example, 300,000 points could be realistically listed for $4,500. That’s quite a hit from a likely initial purchase price of $60,000. http://www.timesharestogo.com/

Margaret has filed complaints with the appropriate regulatory agencies, but chances are nothing will happen. Timeshare members tell us the Florida Attorney General’s timeshare division will say, “You should not have relied on verbal representation,” the Nevada Real Estate division will say, “You have no proof,” and the Texas Attorney General will advise legal assistance. With virtually no timeshare regulation, and few understanding at purchase the limited secondary market, more and more timeshare members have been contacting Inside Timeshare seeking straight answers. Do not pay anyone upfront money to get you out of your timeshare without checking with Inside Timeshare or one of the self-help groups posted below. Scams abound. We sent a draft of this article to Wyndham. They said they are looking into it.       

Elder abuse is “a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.” Wikipedia  

June 5, 2018

By Margaret Chandler

My name is Margaret and my husband is Edward. We are both 70 years old and Florida residents.  Edward is an Army veteran, E6 at discharge. Our timeshare nightmare started with Wyndham in 2012. I want to detail some of the lies we feel this company told us so that others can be forewarned. We have filed a complaint with the Florida Attorney General’s office, the Nevada Real Estate Division and the Texas Attorney General. We have also filed with the Better Business Bureau.

We purchased Wyndham points several times.

We bought 125,000 points in Las Vegas, Nevada in 2012.

We bought points a second time in San Antonio, Texas in 2013. We were told buying more points would increase our original point value to get more availability. This did not improve availability.

We could only find availability in less desirable locations.

We went to Hawaii in 2014 and bought what they said was deeded property.

We were told at Pompano Beach in November of 2014 we would be better off with non-deeded points. They took our Hawaii points. They said there would be higher maintenance fees with the deeded points because deeded points are tied to real estate. The maintenance fees did not go down.

We bought additional points in Atlantic City December of 2014. They kept telling us we would have better benefits at a higher loyalty level.

We bought more points at Daytona Beach January of 2017. They took two contracts and traded those in and added more points. Now all we own is points.

We still have the Nevada and the San Antonio contract in addition to Daytona.    

We are financially devastated.

Our experience started out fine, but got worse and worse. We ended up paying more and more money to fix a situation that never improved.  I imagine it’s something like a drug dealer hooking a new junkie. The first hit is for free. After that you have to pay more and more to get something that gives you less and less satisfaction.

Wyndham’s salespeople have always told us that they have our best interests at heart and that they are there to make our experience better. One salesperson even called me ‘mom’ and another invited us to her son’s wedding. Others were ex-teachers like me or said they had military connections when they found out Edward is a veteran. As a result, we have signed six contracts between 2012 and 2017 that have been upgrades, trades or merges.

The problem is we now feel that that the sales agents were not truthful about pretty much everything. We are both being treated for high blood pressure worrying about the money that we feel they have taken from us so dishonestly. Edwards’s face turns red and I can see the stress level increasing every time the topic of timeshare comes up. We cannot even talk about using it anymore, as he stresses too much. He wants us to be able to enjoy our remaining lives without the threat of bad credit, missed payments or annoying phone calls from Wyndham all day long. I keep telling Edward not to answer calls, but he forgets and answers anyway….then he becomes annoyed all over again.

Edward was working a part time job during 2016-2017 but gave it up because his blood pressure was increasing due to the worry over these timeshare loan payments. He has not been sleeping well which is another factor that is leading to his declining health.

Wyndham promised us the vacations of our dreams, an investment that would be something we could pass onto our children. One salesperson, Zadith, even offered to contact us in a year to help us deed it to our children. They said the Las Vegas location’s value would rise, Hawaii would always be in demand, and Bonnet Creek was a great one because it’s near Disney.

We had to book 13 months in advance to get a place in Hawaii and it has become harder and harder to find availability. Wyndham said there was no availability when we tried to book six months ahead in San Antonio, but online booking sites showed River Walk Wyndham was available. Now how does that happen that owners cannot get a room, but the rooms are available to the general public??

The Wyndham sales agents told us to go to the bank to get a line of credit after we returned home, using the properties as collateral, but we learned timeshares are not considered properties so we can’t refinance. We are stuck with a high interest loan.

Wyndham told us the contract would pay for itself with rentals and they would help us do that but when we tried to rent they told us it would cost 40% of the fee of the booked room to put it in the rental pool and if it was not rented we would have to cancel or lose our points. No one helped us with this complicated process. It was completely left to us.

They told us we could resell the timeshare with ease because timeshares are in demand but when we called Wyndham to do this they said we couldn’t because we still owed money on it. They didn’t tell us those were the conditions at the presentation. If you buy a house and have a loan, you can still sell your house. We were referred to two licensed resale companies that wanted to charge us 10% and 15% of the sale but told us there really was no market for timeshares because the market was flooded.

This was the turning point. Wyndham lied and pressured us into paying more and more money, each time telling us they would fix the problems, but each time we were saddled with more debt. Our ‘personal reps’ were never available. The latest one Zadith, from Daytona Beach, has not been in touch at all.  I tried texting her several times.

We are on a fixed income and we cannot keep up with the increasing costs. We are near the end of the money that we saved all our working days just to pay for these purchases. How can their sales people sleep at night after taking advantage of people that are hardworking souls and are honest and simple folks? They don’t have to lose sleep over our bills that are not being able to be paid. They are not worried about our blood pressures or our health. They just move on to the next victim.

We have written to Wyndham and they have offered to cancel our latest contract from 2017 but not the first two. We have tried to explain that the only reason we have so many contracts in the first place is because they told us the new contracts would fix the problems with the old ones. We are tired and exasperated and just want to be done with Wyndham.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Margaret and Irene, once again it is a story we at Inside Timeshare are becoming very familiar with, it is a great shame that a once superb product is being destroyed by nothing more than greed.

If you have had a similar experience to Margaret or just want to comment, then use our contact page and get in touch with us. Inside Timeshare is here to give you a voice.

 

  • 1
  • 2