@NYFLTRAVELER
While my opinion may not mean much -and please note it’s not my intention to turn this into a debate or derail the original post about extricating oneself from a situation due to a hardship— respectfully I do not agree with the above generalizations, particularly the statement about buying directly from the developer - I, for one, got a great deal on a “hybrid”package buying directly from MVCI (and from a straightforward MVCI sales person at that) and I also respectfully disagree with the general assertion that any company which may charge a fee for their service upfront is a scam (I know a number of people who have used such firms with success).
It’s one thing to make statements about specific experiences and back it up, but to generalize, whether about developer purchases or firms who try to get people out of a timeshare, is not necessarily fair.
You're not alone when it comes to positive experiences with direct purchases from Marriott - I and many others routinely answer questions about developer-direct ownership by explaining our personal positive experiences. IME it's very easy to do that without naming salespeople, which is the only limitation that TUG moderators impose on such posts. Regardless, debating whether Marriott salespeople should be named in TUG posts has nothing to do with this OP's specific question.
Because this thread is intended to assist the OP in finding a solution to the predicaments they face, I'd like to address two points raised by the quoted posters (no discussion of moderation is implied or expected):
@NYFLTRAVELER : Your opinions are welcomed and considered. If you've had personal experience with the process and wish to divulge the gritty details (names/companies omitted) then perhaps your experiences could benefit the OP. BUT.....
I personally would never recommend an upfront payment company of any kind (legal, sales, exchange, rental etc...) for the following reasons:
- Throwing good money after bad with no enforceable guarantee of success is never a good idea IMHO. Basically, it's gambling and gambling when you have no money is foolish. Please do not invoke the words "what have you got to loose?" when dealing these discussions.
- I would never recommend that people intentionally engage in frivolous/threatening legal activity to counter their poor decisions. This is tantamount to telling someone that doesn't-like/can't-afford their payments to hire "a special friend I know" to burn the house down or steal the car to get out of the payments. I will not recommend such a course of action, no matter how predatory and (legally) deceitful the salesperson's tactics are perceived to be....
- IF a party has a real, genuine, documentable bona fide complaint with the purchase, sale, maintenance or use of a timeshare--as many have had--then it's entirely possible that a real and genuine case can be made for some type of legal negotiation, arbitration or personal/class action suit. If this is the case, then a simple consultation with a lawyer could shed light on the next course of action. Yes, customary legal fees would apply unless income qualified for assistance. Again, I would not advise anyone to seek-out a "CANCEL YOUR TIMESHARE NOW!" company as a first course of action for such discussions, In fact, barring positive testimony from those with genuine legal grievances, versus disgruntled owners without legal grounds, I would always avoid up-front fee companies and 'cancel your timeshare now' types of businesses. Genuine legal claims would be better served by a reputable firm with a clear case history, local representation and real-estate related experience. Again, IMHO.
- Companies that promise something that is 'too good to be true' usually are....TGTBT. This applies to a lot of companies, but is especially true (based on many posts here and elsewhere) when it comes to timeshare sales (SMTN) and scores of 'Viking ship' companies...soon to be extinct I hope. Sadly, they promise these things to get you to open your purse strings and hand them some cash before proof of performance.
I have had very positive experiences with HGVC, Worldmark and Marriott VC during presentations, sales, contracts, rescission, ownership and with customer service. I have a favorable opinion of nearly all of the persons I've had contact with. I too have negotiated a hybrid deal and almost wish I had purchased it. It came down to finances. A few of the sales staff in some locations/contacts have been utter morons, but I don't blame the company for that....there are morons everywhere. Here's your sign.
If bankruptcy is imminent (not necessarily addressing the OP here...) then get an attorney and move forward---Period. Otherwise, I would definitely recommend approaching Marriott if it becomes blatantly obvious that a loan will be in default. Expect Marriott to
attempt to hinder your sale/use of any other ownership (???). I would fully expect Marriott to act in the interests of the owners, shareholders and avoid setting poor precedent in such matters. This doesn't mean an amicable decision couldn't be reached, but I would expect both parties to be unhappy in the end. Keeping the loan out of default will be your best course of action. My Lawyer's specific words before the judge's ruling: the judge's job is to ensure the laws are upheld and both parties leave the courtroom unhappy.... I believe him now.
I have had personal experience with (big$$) up-front fee sales companies. My experience with them reveals that they have little interest in quick sales, true market value or speed/costs of transaction fees with the sale. I would avoid such companies at all cost.
Addressing my recommendation to call one of several resale companies:
I recommended three brokers/TUG members who are frequently discussed here on TUG. I have personally talked to, discussed with (on TUG) and purchased (2x) from the brokers listed (2 purchases, 1 broker, negotiated with others etc...). I can relate that all three have an excellent business manner, have shown themselves--both publically and privately--to be of good character and easy to work with. I won't go into detail, but all three post on this forum and have many fans who will attest to their quality.
I posted these three brokers because they frequently deal with Marriott and are larger/recognized brokers. I posted three names to avoid soliciting sales for a single company and because 3 opinions are better than one. Keep in mind, I recommended calling them to get an objective estimate on value, timing and course of action. I did not recommend immediately using their paid services or signing a contract or giving them $$$$ upfront for promises. The OP's course of (ultimate) action would be dictated by the information they discover, the true balance sheet for the in-laws finances (which should not be openly discussed here in specific terms) and the actual wishes and desires of the legal owners of the property in question.
Let's not get ahead of ourselves here.
The kind DIL (OP) is attempting to research possible courses of action, true values of the owned properties and come up with some solutions to present to the in-laws and assist them with getting their lives and affairs in order in light of recent changes in health/travel/finances. The secondary solutions being offered--adopt one of the enrolled timeshares, rent the points, book/rent the units etc...--are all great ideas, but they surely depend on the willingness of the in-laws to proceed, the willingness of the DIL to become a de-facto landlord and vacation rental specialist or assume the maintenance fee debts or contact Marriott as an intermediary...ad nauseum Whew It's wearing me out just thinking about it.
OP: you've got some great suggestions and ideas. Perhaps it's time to research, discuss with in-laws and/or attorney and report back for further help with plans. TUG is a great place, and no matter what course you (all) decide to take, you can get the best advice here on how to enact your plan. God bless you for helping them!
My opinion of course. Free and worth what you pay for it. Nada.