# Help with timeshare



## ndwyer11 (Jun 14, 2012)

My husband and I bought a timeshare in February while on our family vacation in Florida....We have a timeshare through vacation villas at fantasyworld in kissimmee.  We have timeshare period 31-39 biennial odd in unit two and 99-39 biennial even in unit three.  I was really debating on cancelling it when we got home but for some reason didn't...what a stupid move on my part.  We have had problems from the start.  I called today to get reservations so I could deposit it for points and was told there are no reservations available.  Was asked why I waited so long to make reservations.  We pretty much were not told anything, and have been trying to figure out about the timeshare on our own.  Had no clue that there was a possibility we wouldn't even be able to use this year.  I don't understand how they can legally do this.

Was considering talking with a lawyer because there are discrepancies with the contract.  Hoping we might be able to void it...probably a long shot but at this point I don't think we have much to lose.  On our purchase agreement it states we have an annual timeshare, but on the mortgage deed it states we have a biennial unit.  Does anyone know if this would qualify voiding the contract?    

Anybody have any suggestions with the reservations or trying to void the contract?
Thanks for any help!


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## Passepartout (Jun 14, 2012)

When you have one of those 'floating-within-certain-weeks' type weeks, you DO have to call well in advance to request your week. The only ones you don't have to that with are 'fixed' weeks where you just show up at the resort on move-in day of the week you own.

You might be a bit late to cancel the contract, but at the minimum I think you should bring up the discrepancy (annual vs biennial) with the sales staff- assuming you have a signature on the sales agreement. They may also be able to apply some pressure to get you a week this year at the resort.

I think hiring an attorney to seek cancellation is just chasing good money with bad. What it says in the contract is what you signed and what binds you and the resort. An attorney will charge you to hear those words.

There is a lot of information here in TUG, and it will help you get the most out of your timeshares. Welcome! Many members bought from the developer before they found us and have had years and years of great TS vacations.

Jim Ricks


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## Cheryl20772 (Jun 15, 2012)

ndwyer11 said:


> We have timeshare period 31-39 biennial odd in unit two and 99-39 biennial even in unit three.


It looks like you have an annual timeshare, just in two parts: Odd+Even=Annual?  That makes the discrepancy look not so easy to argue down.


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## rrlongwell (Jun 15, 2012)

ndwyer11 said:


> My husband and I bought a timeshare in February while on our family vacation in Florida....We have a timeshare through vacation villas at fantasyworld in kissimmee.  We have timeshare period 31-39 biennial odd in unit two and 99-39 biennial even in unit three.  I was really debating on cancelling it when we got home but for some reason didn't...what a stupid move on my part.  We have had problems from the start.  I called today to get reservations so I could deposit it for points and was told there are no reservations available.  Was asked why I waited so long to make reservations.  We pretty much were not told anything, and have been trying to figure out about the timeshare on our own.  Had no clue that there was a possibility we wouldn't even be able to use this year.  I don't understand how they can legally do this.
> 
> Was considering talking with a lawyer because there are discrepancies with the contract.  Hoping we might be able to void it...probably a long shot but at this point I don't think we have much to lose.  On our purchase agreement it states we have an annual timeshare, but on the mortgage deed it states we have a biennial unit.  Does anyone know if this would qualify voiding the contract?
> 
> ...



Contact the Bar Association in the State the resort is in and get a referal to a attorney.  The cost for a initial review is usally nominal.  Also, file with the BBB that covers the area where the resort is at and file with the State's consumer protection people.  Wish you luck.


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## ndwyer11 (Jun 16, 2012)

Florida state law states that:

 (1) A purchaser has the right to cancel the contract until midnight of the 10th calendar day following whichever of the following days occurs later:

   (a) The execution date; or

   (b) The day on which the purchaser received the last of all documents required to be provided to him or her, including the notice required by s. 721.07(2)(d)2., if applicable.

I have tried to look up 721.07 but do not understand it.  What documents would this include because I just received documents in the mail on Thursday (6-14-12).  We received the warranty deed and owner's title insurance policy... not sure if this would be included...I'm really trying to grasp at straws here...can anyone help?


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## jreds (Sep 7, 2012)

My husband and I are in the same position, however we only did it last month.  Were you able to get out of your contract? We desperately need to get out of ours.


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## LannyPC (Sep 8, 2012)

jreds said:


> My husband and I are in the same position, however we only did it last month.  Were you able to get out of your contract? We desperately need to get out of ours.



Are you saying that you purchased a timeshare through one of those developer presentations?  If so, you have 10 days to rescind - not one month, although technically last month (August) can still be within the rescission period.

If it's been a month, what made you decide now that you "desperately need to get out of [your contract[?"

My first bit of advice in trying to "get out" is to not pay anyone or any party a huge fee beforehand who claim they can "get you out" or sell your timeshare for a profit.  Those are usually scams.


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## jreds (Sep 8, 2012)

I booked Vacation Village at Weston at bookings.com because it was the only hotel with room for a family of 7 at the time (August 11th).  Upon checkin we were told that we get a 1 time complimentary breakfast the next day with our booking or maybe we prefer lunch since it was almost midnight and we had 5 sleepy kids with us. We knew some hotels include b/fast so thought nothing of it.  We were late for an appointment so we had to bail on lunch however the "driver" was there to pick us up.  She was so distressed that we werent going to the lunch and said that she would get in trouble for not getting to show us presentation so we agreed to meet with her the next morning at 8am.  The next day we met her at the sales office and after 10 hours of pressure, hungry and tired with 5 waiting kids (we got no breakfast or lunch) we signed of on our timeshare with a downpayment of US$2000.  

-We were told that it was an investment
-we would be owning real estate in Florida and building credit in the US
-it would increase in value and we could hand it down to our kids (US real estate)
-we and our kids could rent/sell for a profit or they would rent/sell it for us at full value because ppl were always asking them if anyone was selling and they resold for ppl all the time, just like the one we bought was from "someone trading up and we bought it for 1/2 d price"
-we were also told the not mention it to the guy in closing because the company didnt like them giving customers those extra deals.
-they showed us with hand drawn charts how our vacation cost more than the timeshare and we would never have to spend that kind of money again.

It was our first vacation, my husband and I didnt even have a honeymoon and we are from the caribbean so we were really excited to "own real estate in the US" and be able to afford more vacations. 

13 days later our flight is cancelled due to hurricane issac,  I call the company to use our week and we are not on their system as yet, have to wait at least 2-3 months. I remember the sales rep offered to have to resort refund 1 week of my booking for the $199 extra week and my husband refused so that we could use the week for a "honeymoon" next month.   Tried calling the rep, who said she'd call back and hung up.  Never called back, never got her again.  Tried calling the closing officer, left lots of messages.  

When we got home and went through all the paper work I saw that the extra week were are supposed to get every year is only valid for 3 years, got nervous and started goggling to understand how the points work and found you guys.   

After reading all your post I feel as if we've been robbed!  And upon checking, all the fees add up to more than the resort cost us to book in the 1st place.  Also the points we were told would buy us airfare only gives us US$200 max of airfare.  It cost US$6K for my family's airfare last month.  We were also asked what time of year we would be able to travel and thats August for us but our contract gives us week 6 at the resort.  

We have to pay US$6K by the 16th September and then a further $6K+ within a year and I'm really worried.

SOOO Sorry for the long post its the frustration


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## jreds (Sep 8, 2012)

-We were told that it was an investment
*Are you sure that you weren't told it was an investment in your family and your family vacations*

_I'm sure that we were told "It is a great investment opportunity because if at anytime we didnt want to use it anymore we could sell it or they could sell it for us, if not for more then at least the original price, however we had to give them 1st option to buy it back.  There is such a demand for timeshares that last year they had to ask ppl to sell them back timeshares for high demand resorts."_

-we would be owning real estate in Florida and building credit in the US
*That may well be true, if you're deeded a week of a certain unit, but most don't really think that you're buying real estate even then, you're buying into future vacations * 
_Which would cost us more than if we didn't buy the TS and then add the yearly fees.  She also told us that we would be buying in a new resort, our resort had A & C units as opposed to the A & B unit we were in. When I tell my husband she probably meant new "unit" he still argues that she said the resort was just built. Vacation Village at Parkway. _

-it would increase in value and we could hand it down to our kids (US real estate)*Are you sure you weren't told that the price was increasing next month and you assumed from that that it was increasing in value. I will gladly sell you the same thing for $2000, I'm sure I can get it for $20+
http://www.ebay.com/sch/i.html?_nkw=... 97&_catref=1*
_I learnt that from your site and that I could also rent the units from other owners if I wanted to save on hotel fees without spending $14000 extra_


-we and our kids could rent/sell for a profit or they would rent/sell it for us at full value because ppl were always asking them if anyone was selling and they resold for ppl all the time, just like the one we bought was from "someone trading up and we bought it for 1/2 d price"
Do you have it in writing? _Nope that was the TO ("turn over guy" I saw on wikipedia) that she asked to find us any "great deals in their system".  Of course regular ppl arent privy to those deals but they really wanted to help us out 5 kids and all.  _

We have the plain sheet of paper with our vacation cost lined out and the chart showing how much we would save written with a marker.  I guess all i need now is a handwriting expert to verify that????

From what I read here, at rci-timeshare.pissedconsumer.com and wiki, everyone gets the same lies, and it is a carefully executed scam.  I also see I could get the same product here, pay the same fees for $13,000 less.  

If you can show me how understanding the system can help me save on vacations instead of costing me more every year I'd like to hear it please, not the sarcasm.


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## jreds (Sep 8, 2012)

I realise the 10 day refund period has gone so we can count the $2000 deposit as "stupid tax"  for being so stupid to buy something we didnt know on the same day.  
How do we cancel the contract and not pay d extra $12K?  We havent used the product and cant use it now anyway.  I an still trying to call the closing officer without luck.


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## Rent_Share (Sep 8, 2012)

jreds said:


> I realize the 10 day refund period has gone so we can count the $2000 deposit as "stupid tax" for being so stupid to buy something we didn't know on the same day.
> How do we cancel the contract and not pay d extra $12K? We used the product and cant use it now anyway. I an still trying to call the closing officer without luck.


 
One would think they should be happy to take the down payment and sell it again

Unfortunately they have sunk close to 7K into getting that unit sold, Traditionally marketing costs are at 50 % of the purchase price, so once you're past the rescission date they are very interested in you completing your contractual obligations.

You can always default and take the hit on your credit


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## Beefnot (Sep 8, 2012)

Rent_Share said:


> You can always default and take the hit on your credit



yes, that is probably the only alternative to paying on it. If you do elect that option, justbspend time on TUG to learn how you can save a BUNDLE. If you are flexible with travel schedule, you can find timeshares for free, or better yet with maintenance fees paid for some period of time.


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## jreds (Sep 8, 2012)

Rent_Share said:


> One would think they should be happy to take the down payment and sell it again
> 
> Unfortunately they have sunk close to 7K into getting that unit sold, Traditionally marketing costs are at 50 % of the purchase price, so once you're past the rescission date they are very interested in you completing your contractual obligations.
> 
> You can always default and take the hit on your credit



hmmm ok I know in the US credit is everything, but in my country credit is only important if I want to take a loan.  And in that case it's my loan credit history with banks in my country that is looked at.  Does anyone know how defaulting on this purchase affects me?  Will I be able to rent from timeshare owners or buy one on TUG if I choose to for cash?


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## justmeinflorida (Sep 8, 2012)

jreds said:


> hmmm ok I know in the US credit is everything, but in my country credit is only important if I want to take a loan.  And in that case it's my loan credit history with banks in my country that is looked at.  Does anyone know how defaulting on this purchase affects me?  Will I be able to rent from timeshare owners or buy one on TUG if I choose to for cash?



Yep...got my timeshare from a fellow tugger. I paid $0 for it but I did have to pay $127.50 to the title company to put the deed in my name and another $299 Wyndham Transfer. 

I found tug after I had buyers remorse when I purchased a timeshare for $15K, I still had two days to rescind. I did and now I'm out of my contract with them. Gotta love Tugg


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## Rent_Share (Sep 8, 2012)

robcrusoe said:


> no sarcasm intended or present, just the facts, ma'am


 
We call it lying, they go for bending the truth and plausible denial


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## Beefnot (Sep 8, 2012)

robcrusoe said:


> no sarcasm intended or present, just the facts, ma'am



Which resort do you sell at by the way?


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## Patri (Sep 8, 2012)

Beefnot said:


> yes, that is probably the only alternative to paying on it. If you do elect that option, justbspend time on TUG to learn how you can save a BUNDLE. If you are flexible with travel schedule, you can find timeshares for free, or better yet with maintenance fees paid for some period of time.


Don't even think about buying a different timeshare. Settle this problem first. Then take a YEAR to research if this is even a good way to vacation. It very likely is not.


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## Beefnot (Sep 8, 2012)

Patri said:


> Don't even think about buying a different timeshare. Settle this problem first. Then take a YEAR to research if this is even a good way to vacation. It very likely is not.



Eh, if one is diligent, six months of TUG searches and asking questions is sufficient.


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## Crohnos01 (Sep 10, 2012)

Just to add to the above, don't beat yourself up about signing on the bottom line and getting snookered. Many folks here have had the same thing happen for various reasons including me. Fortunately in my case, I had already found TUG, and was able to recind the deal in time, but it could have gone the other way just as easily.


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