Austin1981
newbie
- Joined
- May 12, 2021
- Messages
- 5
- Reaction score
- 5
- Resorts Owned
- None
1) It's clear that @Austin1981 isn't running a TS scam. He's upfront and honest about using the viking ship model, which is legal, although most of us will probably disagree with the ethics. My question for him is if resorts reject the transfer to a company (which they have been increasingly doing particularly Diamond, soon to be Hilton Vacation Club, and Westgate), what happens to the $3k? I know you did the legal work and attempted transfer, but you didn't get the result the client wants. I suppose you still bill them $3k for the legal work.
2) I think it's puffing and embellishing that if @Austin1981 persuades clients to retain the firm with the reasoning that their children will inherit the burdened TS. Intestate laws differ state from state. Even in NY, the executor can simply let the burdened TS foreclose, although the creditor of the TS foreclosure balance can go after the estate assets in probate court. Unless children foolishly inherit the TS (which the OP may have done), children have no legal obligation to inherit their parents' burdened real property.
As to 1, the terms of the CC&R (or whatever you want to call the master timeshare plan) govern, so as to set forth the requirements and restraints on alienating an interest. It's not voluntary, but rather contractual. So you are asking what we do when the resorts fail to honor the terms of their own agreements? That's an odd question, given that the timeshare agreements typically do not provide them with veto rights (except with regards to transferring to a direct competitor), but rather the right of first refusal (if anything). In any event, what happens if you had any other contract that provided a means for you to get rid of it, and after following all of the steps, the company refuses to acknowledge your actions and continues to bill you? I'd consider suing them.
Nevertheless, let's assume the resort has the right to refuse the transfer to a company. Why wouldn't I just find someone (outside the US) amenable to accepting title? In any case, if we can't get you out, you get your $3k back, as we guarantee results, and not just that we'll try super hard. That's one difference between GeniusExit and a law firm: a law firm cannot guarantee results, but we do. Just to be doubly clear, GeniusExit isn't a law firm. You don't need a law firm to exit a timeshare.
As for 2, many people die without a will, meaning there's no executor to let the TS foreclose. If you die without a will, your real property devolves to your heirs, automatically, as a matter of law, and they must take formal action to avoid it via disclaiming/renouncing same within a certain period of time. Moreover, I'd caution against the potential to overestimate the wherewithal of executors and their counsel. At the same time, I agree that the resort may go after the estate (perhaps to the point of pursuing the executor to recapture assets distributed prematurely). I'm not saying you cannot disclaim/renounce the asset, but rather that most will not take the steps required to do so, and are apt to find themselves in a situation where it's too late to disclaim it.
With all of that, it would be insincere for anyone who attended law school to discount the potential for puffery, and I'm not here to change hearts and minds on the virtues of the Viking Ship model. I think it's fair to say that it's a ridiculous answer to an even nuttier problem. As for the warnings against entering the timeshare exit industry, I get it. It's very easy, apparently, to get sued (and apparently quite tempting to be a scam artist). I've dealt with plenty of suits, as no one likes the bank's attorney on a contested case, and I am a maestro at managing a volume-based practice. My plan for GeniusExit to avoid the pitfalls of the industry: stay boring, keep to the fundamentals (including appropriate staffing for production support), and keep a prudent reserve for refunds. I mean, it'd sure be nice if I never needed to issue a refund, but much of the competition works like a Ponzi scam, as they keep nothing in reserve to cover outstanding exit obligations.
Allow me to be perfectly honest. I've wanted to start an exit company pretty much since I first learned of them. For me, it's personal. I didn't come from wealth, and I remember how my parents were suckered into a timeshare in Lee, MA. More vividly, I remember that Saturday in '98 when we drove the three hours to the resort following a timeshare "upgrade" which left them struggling harder to meet bills that they already couldn't afford. They were going to give that timeshare back to the resort! I couldn't imagine what was going on as I waited in the minivan, but after more than 5 hours, my parents returned... with another upgrade! Additionally, they then paid a scam artist $5-8k about 10 years ago to "get them out", but got no results.
I understand that some people adore their timeshares. Most people we speak with don't truly regret buying it, but rather they can't use it anymore, and they are tired of the fees. Resorts should be obligated to take those deeds back, without question. If they made that sensible change, the exit industry would cease to exist.
My advice to @Austin1981 . Although not for GeniusLaw, you have done great legal work, for which I respect and envy. My advice is to get out of the TS exit game. Just like for DC Capital Law, Best Defense Law Team, Alan Campbell Law LLC, Castle Law Group, Molfetta Law, Del Mar Law Group, Carlsband Law Group, Privett Law, SGB Law, Michael Finn Law, etc, the resorts will eventually sue Genius Exit. Possibly Diamond, soon to be Marriott Vacation Club, or Westgate may sue Genius Exit. That's a lot of lost time and money spent litigating those lawsuits.
Thank you for the props. I have no plans to start a timeshare exit law firm, as that just sounds abusive and unnecessary (like they are compensating for something).
At the end of the day, we know we're not welcomed here, and there's nothing wrong with that. Moreover, given the state of the exit industry, the skepticism regarding GeniusExit makes sense. That being said, we're not doing anything new. Instead, the only things that really make us different from most exit companies are that we complete the work, and we don't pretend that it's a secret or proprietary process.

