Unit I rented does not have promised view [Marriott Grande Ocean]

[1700Bax1]

Please help! I rented a timeshare through RedWeek- my first time. I prepaid (first mistake). I have a signed contract (and other documentation) guaranteeing that my unit has an "ocean view." I found out 2 days ago it does not. The owner has completely "blown me off." RedWeek says they are not responsible for a dispute between me and the owner. Any suggestions?

 

[DeniseM]

How and when did you make the payment?

By "blown you off" do you mean that the owner will not talk to you or what?

Tell us more about the view - did the owner send you a resort confirmation and what does it say? How did you find out it's not "ocean view"?

 

[1700Bax1]

His response was, "Oh well, I think the resort changed the name of the view to lagoon or pool. It will still be great. Have fun!"

 

[DeniseM]

When did you make the payment and how did you pay?

What resort?

Do you have an official resort confirmation?

 

[1700Bax1]

We paid by check, I think.

 

[1700Bax1]

Payment was made in April. Marriott Grande Ocean. Hilton Head.

 

[DeniseM]

If you paid in April, why did you only find out 2 days ago that you don't have an ocean view?

Unfortunately, paying by check gives you no recourse.

My guess is that the owner cannot give you the view you want - so if it were me, I would ask for a partial refund of the difference between the two views.

If you want out completely, another option is to pay an attorney $100 to send him a nasty letter threatening him with legal action, but I am guessing that check-in is soon, and you may not be able to get this done that quickly.

 

[1700Bax1]

We have copies of cashed check, contact, the ad on RedWeek stating the view advertised, my email correspondence with the owner guaranteeing the ocean view.

 

[1700Bax1]

I called the resort. He was supposed to have contacted us/followed up with us and didn't.

 

[1700Bax1]

Lesson learned. I have lots of friends that have used RedWeek without problems. I have been so disappointed.

 

[davidvel]

His response was, "Oh well, I think the resort changed the name of the view to lagoon or pool. It will still be great. Have fun!"

Is this in writing? Do you have the oceanview category in the contract or otherwise in writing? As Denise noted, the more facts you give, as opposed to short snippets, the more we can try to help.

 

[1700Bax1]

If you paid in April, why did you only find out 2 days ago that you don't have an ocean view?

Unfortunately, paying by check gives you no recourse.

My guess is that the owner cannot give you the view you want - so if it were me, I would ask for a partial refund of the difference between the two views.

If you want out completely, another option is to pay an attorney $100 to send him a nasty letter threatening him with legal action, but I am guessing that check-in is soon, and you may not be able to get this done that quickly.

Thanks, Denise.

 

[silentg]

This doesn't sound like Redweek's fault. The timeshare owner is the one who broke the promise. Does he have a fixed unit at the resort? Try contacting the resort , see if they will put you in an Ocean View. Doesn't hurt to ask. Good Luck!
Silentg

 

[DeniseM]

I called the resort. He was supposed to have contacted us/followed up with us and didn't.

Unfortunately, you were way too trusting here - you should have insisted on an official confirmation in April, and not waited until July.

I would also tell the owner that if you don't receive the desired compensation in x number of days, you are going to post the whole story, including his name, on Redweek and TUG. Really I would.

*Don't bother calling the resort for help - they don't get involved in owner rentals and they can't put you in a different view. You need to play hard-ball with the owner.

 

[1700Bax1]

Is this in writing? Do you have the oceanview category in the contract or otherwise in writing? As Denise noted, the more facts you give, as opposed to short snippets, the more we can try to help.

See below for (1) copy of rental agreement, (2) copy of rental listing on RedWeek, and (3) copy of email from owner in response to my asking him to CLARIFY that this was an ocean view unit.

EMAIL CORRESPONDENCE:

On Mar 14, 2017, at 6:10 PM, wrote:

You are renting my specific unit type, it doesn't work the way you would think...NO ONE owns a specific unit number...we each own a unit type...this one is ocean view, but the exact unit isn't determined until that week by Marriott...but you are worrying about nothing...it doesn't matter..but I completely understand the confusion...you will have an ocean view condo, two bedrooms, full furnished kitchen, whirlpool in the master bedroom, etc...etc...etc...just don't know exactly which unit they are going to put you in, and it doesn't really matter anyway because there isn't a "bad one" in the whole complex....in fact, all the units of this type are exactly the same...hope that helps..

 

[DeniseM]

Again - do you have a resort confirmation - what does it say?

 

[1700Bax1]

Again - do you have a resort confirmation - what does it say?

The resort says that NONE of their units are ocean view. Units are either ocean front or pool/lagoon view. Certain times of the year (typically in the off season when the trees are bare) you may be able to see the ocean from certain pool/lagoon view rooms, but these are NEVER labeled or advertised as ocean view. Resort staff are very clear about this.

The owner never followed up with me to provide a confirmation #. I contacted the resort 2 days ago to inquire. I was told the unit had been transferred from the owner's name to mine. At this time, the resort also stated that the owner's unit type was pool/lagoon view.

 

[DeniseM]

You should have immediately received a confirmation in April.

When is check-in?

 

[1700Bax1]

Sunday, July 9th.

 

[1700Bax1]

At this point, I know I don't have much recourse/many options. Still, I want to circle back with this owner and let him know that he's not dealing with some frustrated woman that's going to "fuss and fret" and then be done with it. This isn't going to be over after my vacation. Still, I don't want to do something that could potentially "sabotauge" my already tainted vacation.

 

[DeniseM]

I'm sorry, but you waited too long on this, and if you go ahead and use the reservation under the current situation, you seriously weaken your position.

This is just my personal opinion, but I would immediately send the following email & text to the owner:

You deliberately mistated the view on our signed rental agreement, and therefore you have violated the contract and committed fraud.

By midnight tomorrow either:

a) Send me a Paypal refund of $500 to compensate me for the loss of the ocean view.

or

b) Send me a new official resort confirmation with a guaranteed Ocean Front View.

If I do not receive compensation by midnight on July 7th, I am going to post the whole story, including your name, on Redweek and TUG, and contact an attorney.​

 

[1700Bax1]

Good suggestions. Thanks.

 

[DeniseM]

An owner's most prized possesion is his reputation in the rental industry - don't under estimate the value of this approach.

 

[chapjim]

An owner's most prized possesion is his reputation in the rental industry - don't under estimate the value of this approach.

Agree 100%. I would be absolutely mortified if I were in the seller's position. I have given at least partial refunds and in a couple of instances, full refunds when the unit was not as advertised, regardless of how it happened. Threw in some Restaurant.com certificates, to boot!

 

[1700Bax1]

Thanks so much.