# How do I get out of a timeshare deal after the rescind period



## SamOne (Jun 15, 2018)

I purchased a Holiday Inn Timeshare on 16 days ago. I was told during the sales pitch, that the 61,000 points that I purchased would give me at least 7 days and possibly more of vacation. I was also told that I could use the points to stay at IHG properties. I specifically asked if the points value were the same and would I get the same amount of time.  I was told that I would still get 7 days at IHG properties. Of course, none of that is true. There are no resorts within the HICV that have a week rental for 61,000 or less points and the points per night to stay at an IHG property looks to be around 30,000 points per night. The only reason that I agreed to the purchase was because I was told that it would give me at least a week of vacation with IHG properties. I was more interested in the IHG properties because my son is disabled and requires a roll in shower. The salesman was aware of this. I now want to get out from under this timeshare because I feel that the salesman misrepresented the value and amenities of the timeshare. Is there anyway to get out of this timeshare now that the rescind period has passed without taking a huge loss? Any advice would be greatly appreciated.


----------



## WinniWoman (Jun 15, 2018)

If it were me, I would try to rescind anyway first. See if they will take it back. If that doesn't work then if you owe money (loan) on it you could try to sell it. If you don't owe money on it, you could take a loss and try to give it away. OR- you could try to use it somehow. Lastly- you could just default on it.

I don't know enough about Holiday Inn or points to help you beyond this.


----------



## Passepartout (Jun 15, 2018)

Well, Sam, you just found out that (a) salesweasels lie, and (2) what's in the contract is the only thing that matters. Unfortunately, you found it out too late. IF (big if) you have any kind of proof that you were told (maybe some of those sheets with the circles and arrows?) one thing that turned out to be patently untrue, you might be able to PROVE misrepresentation, and get them to cancel it. You might try posting all over the internet (here, tripadvisor, any other 'review' type sites) that you were lied to and offer to bring down your review if they'll cancel the contract. You might have an attorney write and threaten suit over the misrepresentation. You might just try a rescission letter, following the instructions in the contract, and with a detailed explanation that it was not what you wanted.- Who knows?, it might work.

DO NOT sign up for one of those upfront fee "Get you out of your timeshare" outfits. They are all scams and will just take more of your money.

OR you might just pay it off and then buy enough points on the resale market for pennies on the retail dollar to add to the points you have and make it a usable size bundle of points. <---This would be the most harmless to your credit and would get you closest to what the salesweasel convinced you would be the best deal for your family.

Best Wishes for a successful outcome. I wish we'd had a conversation back about the first of the month, but we didn't.

Jim


----------



## davidvel (Jun 15, 2018)

Don't accept  advice about the contract being the be all end all, because it is not true. In nearly every state, there is something called fraudulent inducement, which the terms of the contract CANNOT disclaim. I am not saying it applies to your case, although based on what you say it may. 

In your recsission letter state you were fraudulently induced to enter the contract when the salesperson misrepresented what you could book. Speak to a real estate  (not timeshare) lawyer about your rights to rescission on a free consultation,  hopefully someone you know or a referrral from a good friend.


----------



## WinniWoman (Jun 15, 2018)

Definitely use the word "misrepresentation". File a complaint with the state atty general as well. Do it now! Do whatever you can do and do it promptly!


----------



## SamOne (Jun 15, 2018)

Passepartout said:


> Well, Sam, you just found out that (a) salesweasels lie, and (2) what's in the contract is the only thing that matters. Unfortunately, you found it out too late. IF (big if) you have any kind of proof that you were told (maybe some of those sheets with the circles and arrows?) one thing that turned out to be patently untrue, you might be able to PROVE misrepresentation, and get them to cancel it. You might try posting all over the internet (here, tripadvisor, any other 'review' type sites) that you were lied to and offer to bring down your review if they'll cancel the contract. You might have an attorney write and threaten suit over the misrepresentation. You might just try a rescission letter, following the instructions in the contract, and with a detailed explanation that it was not what you wanted.- Who knows?, it might work.
> 
> DO NOT sign up for one of those upfront fee "Get you out of your timeshare" outfits. They are all scams and will just take more of your money.
> 
> ...



Thank you. That's what I was afraid of. I thought about trying the rescission letter anyway. This was a hard lesson learned. Unfortunately,  they did not include the scratch sheet with the days quoted on it. Surprise. Surprise . I do like the idea of adding more points via resales to get the actual use that I thought that I was buying. It just infuriates me that I let myself get suckered in and lied to. I wish that I would have found this site earlier. I appreciate the feedback.


----------



## SamOne (Jun 15, 2018)

davidvel said:


> Don't accept  advice about the contract being the be all end all, because it is not true. In nearly every state, there is something called fraudulent inducement, which the terms of the contract CANNOT disclaim. I am not saying it applies to your case, although based on what you say it may.
> 
> In your recsission letter state you were fraudulently induced to enter the contract when the salesperson misrepresented what you could book. Speak to a real estate  (not timeshare) lawyer about your rights to rescission on a free consultation,  hopefully someone you know or a referrral from a good friend.


Thank you. Im writing the rescission letter and giving it a try. I'm afraid as far as litigation,  it would be a he said she said deal. I have no proof of what they stated during the sales pitch. They also had me sign an arbitration clause, but I do have 90 days to opt out of that, which I will now do since they misrepresented the point system. Thank you all for your advice.


----------



## Passepartout (Jun 15, 2018)

SamOne said:


> Thank you. Im writing the rescission letter and giving it a try. I'm afraid as far as litigation,  it would be a he said she said deal. I have no proof of what they stated during the sales pitch. *They also had me sign an arbitration clause*, but I do have 90 days to opt out of that, which I will now do since they misrepresented the point system. Thank you all for your advice.


That alone would have had me walking out.


----------



## TUGBrian (Jun 15, 2018)

nothing to lose by trying to rescind...be as loud and obnoxious as possible playing the victim (that you are)....plaster your complaint/story everywhere you can find (facebook/twitter pages for HICV etc)...its up to you to convince them that both parties would be better off if the purchase was cancelled even if just a few days outside the legal rescission period.

squeaky wheel always gets the grease, and it costs you nothing to be a squeaky wheel.


----------



## silentg (Jun 15, 2018)

We own at Orange Lake, we have a fixed week with $127,000 points. We used this thru IHG this year, put 100,000 points in IHG which are converted to 80,000 IHG points. We still have 27,000 points in HIVC this year. Will probably use them for a long weekend at one of the HICV resorts. We never put our points in RCI because the 127,000 are only worth 63,500 RCI points.
All of this should have been explained to you by the sales rep. We were not told this, as we bought a week secondary market. We put the IHG points to good use and have used them to stay in Crown Plazas and Holiday Inns in London, Rome, and Paris. Not all in the same year of course.
My advice is to rescind but if that doesn’t work try using the points thru IHG.
Good Luck.
Silentg


----------



## SamOne (Jun 16, 2018)

silentg said:


> We own at Orange Lake, we have a fixed week with $127,000 points. We used this thru IHG this year, put 100,000 points in IHG which are converted to 80,000 IHG points. We still have 27,000 points in HIVC this year. Will probably use them for a long weekend at one of the HICV resorts. We never put our points in RCI because the 127,000 are only worth 63,500 RCI points.
> All of this should have been explained to you by the sales rep. We were not told this, as we bought a week secondary market. We put the IHG points to good use and have used them to stay in Crown Plazas and Holiday Inns in London, Rome, and Paris. Not all in the same year of course.
> My advice is to rescind but if that doesn’t work try using the points thru IHG.
> Good Luck.
> Silentg


The IHG point conversion was the main selling point for me. My son requires a roll in shower so hotels versus resorts make more sense for us. The salesman knew this. I purchased 61,000 points and was told that would give me at least 7 days of hotel stays but when I look up hotels through the IHG website, most nights cost 30,000 points which would only give me 2 nights a year. Not quite what I was told and definitely not worth the $12,000 that I paid plus yearly MF. Our IHG nights less expensive if booked through the club website? I dont see how 100,000 points would give you a week of vacation based on what I've seen on IHG website. I'm still trying to rescind but if I do get stuck with this timeshare, any information or tips would be helpful and appreciated. Thanks.


----------



## silentg (Jun 16, 2018)

We have found IHG with 15,000 points some 10,000 points. Also there are points and cash combinations sometimes too. Also my husband gets Points for travel if he stays at IHG resorts.
They gave you a terrible deal. For $12,000 you should have received more HIVC points.
I would rescind even though the time has run out. That is so wrong. Sorry this happened to you.
Silentg


----------



## SamOne (Jun 17, 2018)

silentg said:


> We have found IHG with 15,000 points some 10,000 points. Also there are points and cash combinations sometimes too. Also my husband gets Points for travel if he stays at IHG resorts.
> They gave you a terrible deal. For $12,000 you should have received more HIVC points.
> I would rescind even though the time has run out. That is so wrong. Sorry this happened to you.
> Silentg


Thank you. I wish that I would have found this site sooner. Everyone has been extremely helpful. I am mailing out my rescission letter tomorrow and pray for the best.


----------



## Panina (Jun 17, 2018)

SamOne said:


> I purchased a Holiday Inn Timeshare on 16 days ago. I was told during the sales pitch, that the 61,000 points that I purchased would give me at least 7 days and possibly more of vacation. I was also told that I could use the points to stay at IHG properties. I specifically asked if the points value were the same and would I get the same amount of time.  I was told that I would still get 7 days at IHG properties. Of course, none of that is true. There are no resorts within the HICV that have a week rental for 61,000 or less points and the points per night to stay at an IHG property looks to be around 30,000 points per night. The only reason that I agreed to the purchase was because I was told that it would give me at least a week of vacation with IHG properties. I was more interested in the IHG properties because my son is disabled and requires a roll in shower. The salesman was aware of this. I now want to get out from under this timeshare because I feel that the salesman misrepresented the value and amenities of the timeshare. Is there anyway to get out of this timeshare now that the rescind period has passed without taking a huge loss? Any advice would be greatly appreciated.





TUGBrian said:


> nothing to lose by trying to rescind...be as loud and obnoxious as possible playing the victim (that you are)....plaster your complaint/story everywhere you can find (facebook/twitter pages for HICV etc)...its up to you to convince them that both parties would be better off if the purchase was cancelled even if just a few days outside the legal rescission period.
> 
> squeaky wheel always gets the grease, and it costs you nothing to be a squeaky wheel.



If all you send is a rescind letter, I doubt it will happen as you are past the rescind date. 

I agree with TUGBrian. You must be loud, persistent and push you were the victim of false representation.  Complain everywhere and let them know you will.


----------



## LannyPC (Jun 17, 2018)

SamOne said:


> I'm afraid as far as litigation,  it would be a he said she said deal. I have no proof of what they stated during the sales pitch.



Sad as that is, you are right.  That's why, as was suggested up-thread, that you do not seek the help of a law firm (or any other company) that claims it can cancel your timeshare.  As good as some of them may be or claim to be, if you have no solid proof, you have no solid case.

Anyway, I hope your attempt at rescission goes successfully.


----------



## wrobinson (Jun 18, 2018)

SamOne said:


> I purchased a Holiday Inn Timeshare on 16 days ago. I was told during the sales pitch, that the 61,000 points that I purchased would give me at least 7 days and possibly more of vacation. I was also told that I could use the points to stay at IHG properties. I specifically asked if the points value were the same and would I get the same amount of time.  I was told that I would still get 7 days at IHG properties. Of course, none of that is true. There are no resorts within the HICV that have a week rental for 61,000 or less points and the points per night to stay at an IHG property looks to be around 30,000 points per night. The only reason that I agreed to the purchase was because I was told that it would give me at least a week of vacation with IHG properties. I was more interested in the IHG properties because my son is disabled and requires a roll in shower. The salesman was aware of this. I now want to get out from under this timeshare because I feel that the salesman misrepresented the value and amenities of the timeshare. Is there anyway to get out of this timeshare now that the rescind period has passed without taking a huge loss? Any advice would be greatly appreciated.


----------



## wrobinson (Jun 18, 2018)

I used to work at HICV and can provide some insight.

First, when you purchased, you received a kit which includes a book that listed all the resorts and the IHG properties that you can use.  Each property tells you exactly the number of points needed to visit there depending on the length of stay. Obviously, you may not have read the book in time for your rescission.

My advice to ALL members,  NEVER buy a timeshare (especially points) on a sales presentation. NEVER.  I have worked in the industry for over 15 years and writing a book and developing a course that will answer all your questions, and provide the dirty little secrets that most people do not know. 

You can get out of any timeshare. This is misrepresentation at its best. If you paid cash, you can simply walk away.  If you didn't, you have incurred a debt that may have been sold to a third party financial institution.   

I would take the advice of the gentleman and demand for a full refund as they lied to you. ...The squeaky wheel...

So, what is the lesson that you have learned from this experience?


----------



## SamOne (Jun 18, 2018)

I did receive a book that lists the resorts but it doesn't list the IHG properties nor does it list the amount of points needed for a nights stay at IHG properties.  That is part of the misrepresentation. When I questioned if the points had the same value at IHG properties as they do with the resorts, I was told there is a 5:4 conversion but that I would still have enough points for a week of vacation. That was a blatant lie. There is no IHG property anywhere where I can stay for 7 days for 61,000 points. As they were rapidly flipping through the resort book, she would point to the Sun-Thurs column and said that the points listed was for all 5 days. I found out after I got home and was planning a future getaway that the points listed are per night, not per 5 days as the sales woman told me. When she was trying to sell me the higher points package of 200,000 points, she even said that would be enough for 3-4 weeks of vacation possibly more if I used Last Call packages. Another lie. 
Lessons learned? 1) Get everything in writing, especially their broken promises  (2) Never trust a sales person (3) Never buy timeshares directly (4) Holiday Inn are liars and crooks 
So now, are you going to help me out and tell me how to get out of this timeshare or do I have to wait and buy the book? I took out a loan for the timeshare so just walking away is not an option. Thanks.


----------



## theo (Jun 18, 2018)

SamOne said:


> Lessons learned? 1) Get everything in writing, especially their broken promises  (2) Never trust a sales person (3) Never buy timeshares directly (4) Holiday Inn are liars and crooks
> 
> So now, are you going to help me out and tell me how to get out of this timeshare or do I have to wait and buy the book? I took out a loan for the timeshare so just walking away is not an option. Thanks.



I submit that there are several *centuries* worth of direct, first hand knowledge and experience among TUG members, as well as some who are intimately familiar with the law and the legal system (...and I *don't* mean as defendants). 

Personally, I do not believe for one moment that the alleged author-to-be (who, btw, is also attempting to create "buzz" and self-promotion in the RedWeek discussion forums for the imminent "release" of his book) has *any* new or brilliant revelations or previously unknown wisdom to share. Just color me dubious; there isn't really much new under the sun.

In the final analysis, anything not overtly reflected *in writing* within a contract simply does not exist, verbal statements by deceitful sales weasels notwithstanding. The sales weasels know perfectly well that they will not be held accountable for their lies, exaggerations, obfuscation and misrepresentations --- so they lie with impunity and without hesitation to "seal the deal". They know that their verbal claims constitute nothing more than meaningless noise floating around temporarily in the air. They *rely* upon knowing that they can ultimately only be held to the contents of the written contract --- period. They are slimy forms of life, lower than nematodes living in the darkness of the ocean floor sediment.

In regard to your loan, I assume that you will make payments (as opposed to having borrowed to pay in full to purchase). While I am not advocating this particular course of action, you *always* have the option of choosing to stop paying and simply default on the associated loan. You would forfeit your deposit and there may very well be negative credit report consequences, which will remain a retrievable record (for 7 years). Only *you* know what the personal ramifications might be for you during that period of time if you choose to default. In other words, "walking away" *is* indeed *always* an option, albeit an option with potential credit rating consequences.


----------



## SamOne (Jun 18, 2018)

I completely agree and it has been a hard and expensive lesson learned. I won't negate on the loan. I work too hard for my credit worthiness to default on a loan. All that I can hope for is that the company will honor the request to rescind.  If not, I will do as others suggested and post about their deceit in any forum and website that I can.


----------



## davidvel (Jun 18, 2018)

theo said:


> I submit that there are several *centuries* worth of direct, first hand knowledge and experience among TUG members, as well as some who are intimately familiar with the law and the legal system (...and I *don't* mean as defendants).
> 
> Personally, I do not believe for one moment that the alleged author-to-be (who, btw, is also attempting to create "buzz" and self-promotion in the RedWeek discussion forums for the imminent "release" of his book) has *any* new or brilliant revelations or previously unknown wisdom to share. Just color me very dubious; there isn't much new under the sun.
> 
> ...


Again, this contention that the contract controls over fraudulent inducements, is flat out wrong in nearly all U.S. jurisdictions.


----------



## theo (Jun 19, 2018)

davidvel said:


> ...this contention that the contract controls over fraudulent inducements, is flat out wrong in nearly all U.S. jurisdictions.



A naive, wishful thinking perspective, with all due respect. You are conveniently overlooking (or willfully ignoring) that there is a steep hill to climb to substantively demonstrate and / or convincingly *prove* any such "fraudulent inducements".

In the absence of any audio / video recordings or third party witnesses able and willing to go to bat in an attempt to corroborate the claims of the deceived, the classic "he said / she said / hearsay" situation exists and the contract becomes the only documentation of any real substance remaining on the table --- like it or not. I *don't* like it, personally, but whether I (or you) *like* the facts does not in any way change or impact their basic, fundamental reality.

I will also note as a relevant aside that many (...most? all?) such  contracts very overtly proclaim *in writing* that any verbal statements made are not binding. That fact does not exactly bolster the position of a buyer who voluntarily signs said contract containing that verbiage, but later seeks to hang his / her hat on verbal misrepresentation(s). No can do.

In short, good luck with successfully pursuing "fraud in the inducement". If considering legal action against the developer on those grounds, the question comes immediately to mind; "just how much justice can you afford to pursue"?


----------



## jbteal (Jun 19, 2018)

Be loud call any number you can find from HICV tell them what happened  that's what I did with wyndham I finally got sombody to give me a number of a VP in the area in a few days I had everything cancelled I was 20 days after purchase when I started good luck


----------



## taterhed (Jun 19, 2018)

Let's look at the facts:


They have a practiced and eager legal team on salary or retainer....or both.  Budget:  significant
You do not have the above.  Budget:  more than the cost of the timeshare probably.
Unless you've got admissible evidence streaming from your pocketbook or worksheets with fingerprints.....good luck with proving fraud etc...

edit:  I agree with the above poster....make some noise and use your assets.  There is no shame here; you were convinced based on your family situation and I'm sure they played that angle.  Throw it right back at them in a calm, professional manner.

good luck


----------



## davidvel (Jun 19, 2018)

theo said:


> A wishful thinking perspective, with all due respect. You are conveniently overlooking (or maybe willfully ignoring) that there is a steep hill to climb to substantively demonstrate and / or convincingly *prove* any such "fraudulent inducements".
> 
> In the absence of any audio / video recordings or third party witnesses able and willing to go to bat in an attempt to corroborate the claims of the deceived, the classic "he said / she said / hearsay" situation exists and the contract becomes the only documentation of any real substance remaining on the table --- like it or not. I *don't* like it, personally, but whether or not I (or you) *like* the facts does not in any way actually impact their fundamental reality.
> 
> ...


Of course such statements are exceptions to the hearsay rule... I guess I should try proving fraudulent inducement some time with only oral statements. That would be a first for me.


----------



## theo (Jun 19, 2018)

davidvel said:


> Of course such statements are exceptions to the hearsay rule... I guess I should try proving fraudulent inducement some time with only oral statements. That would be a first for me.



Feel free to continue to conveniently ignore the facts --- and (signed) contract  clearly stating that verbal statements are not binding. Maybe you should offer to represent SamOne pro bono, in view of your inferred / alleged "expertise".


----------



## taterhed (Jun 19, 2018)

Now now........

The point is:  The squeaky wheel does get the grease...sometimes.  Sometimes it just gets whacked with a BFH which reseats the bearings and shuts the squeak up.
It's early in the process.  Clearly you may have been steered with misinformation, disinformation or at least coaxed into signing.  No different from buying a used car.  Except that it lasts forever--unlike the used car.

I would attempt to vigorously and  professionally rescind your purchase if this first attempt fails.  The better business bureau, registered letters, written correspondence to the appropriate officials or offices etc... will likely get you some attention. Will it cancel your contract?  Maybe, maybe not. Again, you have some personal details that may sway things in your favor.  I suspect they were used to coerce you in the sale....just a hunch.

In any case, do your best and ultimately accept responsibility and move forward.  I'm sure you will based on earlier comments.
Good luck.

I don't think even Perry Mason could win this one in court......


----------



## davidvel (Jun 20, 2018)

theo said:


> Feel free to continue to conveniently ignore the facts --- and (signed) contract  clearly stating that verbal statements are not binding. Maybe you should offer to represent SamOne pro bono, in view of your inferred / alleged "expertise".


The contract cannot disclaim fraudulent inducement.


----------



## taterhed (Jun 20, 2018)

....but here's some random drivel to go with your coffee.
in the absence of physical record of statements (only verbal testimony/oral contract)--reasonable reliance may be difficult to prove
with no clear line of 'opinion vs fact' as _intentionally, verbally,_ misrepresented  prior to the contract--intentional fraud may be difficult to argue 
an integrated contract subsequently signed that clearly states it is the entire agreement between the parties--testimony on verbal exchanges may be less persuasive
a legislative period of 5 (or more) days to review and rescind said contract after being supplied with a complete and factual representation of the contract/program--was the reliance still justified and credible after the 5-10 day review period, or is this buyer's remorse?
This would be an uphill battle to argue in court me thinks.

Agreed, the contract cannot successfully disclaim illegal acts or practices. But the likelihood of proving intentional fraud without something beyond verbal testimony would be relatively low, I think.
I'm no lawyer, but I'm doubtful a judge would allow such a case to reach trial without significant efforts to reach a settlement (or arbitration, depending on the contract?). 

In the end, the contract would likely be dissolved.  But, the fees to reach this objective may be prohibitive given the relatively small cost of the contract (as compared to legal fees/court costs etc..)
Of course, I think your point is made. 

Barring an amicable cancellation of the contract, the OP should be armed with the knowledge that he/she may have been fraudulently induced to sign the contract.  And, given the complexity and myriad elements of this timeshare program, it was not possible for the OP to verify the authenticity and factual evidence of the salesperson's claims of 'fact'--upon which he/she relied--during the mandatory rescission period.  Having subsequently disproved these 'claims of fact' used to induce the OP to enter into the contract, the OP asserts that fraudulent inducement coerced entry into the contract and this intentional, material, misrepresentation--which was relied upon--caused injury. Therefore, the contract should be voided.
I wish the OP luck.  Again, the sales team played ALL their assets to get the contract.  The OP should also use ALL available assets to void the contract.

One fly in the ointment here:  I'm not sure what 'spiel' and 'magic numbers' were used to induce the OP to sign..... but I'd make darn sure that the salespersons _'false representations'_ are in-fact, totally false--without any exception--before claiming such. 

Now if this was a _*Wastegate*_ contract.......


----------



## davidvel (Jun 20, 2018)

taterhed said:


> ....but here's some random drivel to go with your coffee.
> in the absence of physical record of statements (only verbal testimony/oral contract)--reasonable reliance may be difficult to prove
> with no clear line of 'opinion vs fact' as _intentionally, verbally,_ misrepresented  prior to the contract--intentional fraud may be difficult to argue
> an integrated contract subsequently signed that clearly states it is the entire agreement between the parties--testimony on verbal exchanges may be less persuasive
> ...


Much better drivel than "what's  not in the contract doesn't exist."


----------



## geist1223 (Jun 20, 2018)

I am not giving legal advice. But as some posters above mentioned some jurisdiction may allow "fraud in the inducement" to attack a written Contract. Many jurisdiction have the "Parol Evidence" Rule, which prohibits the introduction of evidence of negotiations or oral agreements that contradict the written Contract which is meant to be the complete and final agreement. Exceptions to this rule might be fraud, distress or illegality.

One question is whether it is a true contract - meeting of the minds. One way to show it is not a true contract between equal parties is to try hand written modifications of the Contract. If the other party (timeshare business) refuses to allow any modifications you might argue that it is a contract of adhesion. A Contract of adhesion might be voidable.


----------

