# Resale association fee collected twice



## Seabold (Jul 16, 2013)

I bought a resale of 15,000 points in the Diamond US Collection. The owner I bought from paid the 2013 association fee. Once transferred to me Diamond sent me a bill for the 2013 association fee stating I was a new owner with a new set of points and had to pay the 2013 association fee for the points I just bought.

Are they not collecting twice for the same year?


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## T_R_Oglodyte (Jul 16, 2013)

Seabold said:


> I bought a resale of 15,000 points in the Diamond US Collection. The owner I bought from paid the 2013 association fee. Once transferred to me Diamond sent me a bill for the 2013 association fee stating I was a new owner with a new set of points and had to pay the 2013 association fee for the points I just bought.
> 
> Are they not collecting twice for the same year?



Three questions to start:

1. What does your contract say about transferring of points from the previous owner?  

2. What does your estoppal letter say about the status of payments on the account prior to transfer?

3. What do the ownership transfer documents sent to DRI say about when your use period would start and what should happen with points that were in the sellers account?

If the previous owner kept the points or had already used them, then if you want 2013 points an added fee would be needed.  Of if you wanted usage start in 2014 that would need to be indicated to DRI.


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## tschwa2 (Jul 16, 2013)

Hilton does this even when there is no points and usage starts the following year.  Their explanation is that they are setting up your portals this year for both their system and RCI and you have access to next years points (to book a week in 2014) now so a program fee is due from you now.  The old owner also had a system set up for them that may or may not go until the end of this year but they only paid for their own access and their access does not transfer.

I haven't heard this from any new DRI owners before so either they changed their policy to get more $, or they always did it and their are less new DRI collection owners so it just hadn't been reported before, or the agent who billed you did so incorrectly.


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## Seabold (Jul 17, 2013)

T_R_Oglodyte said:


> Three questions to start:
> 
> 1. What does your contract say about transferring of points from the previous owner?  Seller shall convey Membership to buyer. Buyer's usage shall start in 2013. Seller sale sell Resortiamond Usage:Annual Points:15,000
> 
> ...



Thanks for your response


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## Seabold (Jul 17, 2013)

T_R_Oglodyte said:


> Three questions to start:
> 
> 1. What does your contract say about transferring of points from the previous owner?
> 
> ...



Answers
1 Seller shall convey Membership to buyer. Buyer's usage shall start in 2013. Seller sale sell Resortiamond Usage:Annual Points:15,000

2 I do not have a copy of the estoppal letter. Diamond did confirm that 2013 dues were paid in full by previous owner. It is my understanding that Diamond will not transfer unless the dues have been paid.

3. For good and valuable consideration "Transferor" transfers all interest in the Membership, which includes membership in the Diamond Resorts U.S Collection Members Association (the "Association") and 15,000 Points for use in Diamond Resorts U.S. Collection (the "Collection") to: "Transferee" 

It does not say in the transfer document when the use period would start or what should happen with the points that were in the sellers account. Seller had 15,000 points at time of transfer plus saved points. I was told and realized saved points for the following year are not transferred.


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## T_R_Oglodyte (Jul 17, 2013)

Seabold said:


> 3. For good and valuable consideration "Transferor" transfers all interest in the Membership, which includes membership in the Diamond Resorts U.S Collection Members Association (the "Association") and 15,000 Points for use in Diamond Resorts U.S. Collection (the "Collection") to: "Transferee"
> 
> It does not say in the transfer document when the use period would start or what should happen with the points that were in the sellers account. Seller had 15,000 points at time of transfer plus saved points. I was told and realized saved points for the following year are not transferred.



Ok - it appears that you were to receive the 15,000 2013 that were in the sellers account, for which the fees have already been paid.  No way should they be collecting a second fee on top of that.  

Do you have something in writing about needing to pay again, or is that just info over the phone.   See if they will get it in writing.  If you get it in writing then there are some contacts at DRI that you can complain too.  

Has the ownership been transferred into your name, or are they holding up transfer until you pay?


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## RuralEngineer (Jul 17, 2013)

*Call Accounting Dept*

I had the same thing happen to me.  Call accounting and they will work with you to resolve the problem once they have all of the information.  It took several weeks but was resolved.

Stephen


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