Sampler Just Purchased in Arizona

[Talya]

Hello - I am glad to have found this site and am hoping I hear good news but have a sinking feeling that the sinking feeling I have had since this purchase will never go away.

Will not go into how I could have been so 'stoopid' as to walk straight into this when I was seeing red flags. Dumb, dumb, dumb. I ignored every sound impulse to stop yet proceeded - why? Subliminal tapes? Water tainted? The salesman was young, good looking and very personable? Good grief - I am embarrassed I got taken....but I never had an experience with timeshares and assumed integrity (though flashing lights were going off in my head at innumerable junctures). Okay, rant (and confession) over.....maybe...

I have some last ditch questions, hoping against hope.....

CONTEXT: Five days ago I purchased a Sampler in Arizona for $3,995 (20,000 points, 2 years - told this would give me 3-4 weeks, or 35-40 days of vacation - this was actually written down on a separate piece of paper with the name and personal contact information of the salesperson, even though another salesperson was vehement that this should not be done, the young man did it anyway when the other salesperson was away).

I paid in full, using my Amex Card. No fees. I got a tablet as a 'gift'. Haven't turned it on. "Lifetime benefits" are Club Combo, Flexpoints, Vacation Planner.

In the contract I signed it is stated: "The Sampler membership purchase is not a timeshare purchase and there is NO RIGHT OF RESCISSION, CANCELLATION OR REFUND." (Yeah....stoopid, stoopid, stoopid! )

There is then a sentence regarding purchasers in Nevada not being covered by the Nevada Real Estate Division - however, the salesperson said to me that in Arizona the sale was covered by Real Estate laws. Not sure if this is important.

QUESTIONS: Given the above -

1) Can I cancel this purchase? Regardless of the clause quoted above, do I still have 10 days to rescind this purchase? I have read on-line that a certified letter sent to the DRI address in the contract will effect cancellation - but I am also aware that maybe those people so saying didn't have that limiting clause in their contracts in 2016.

2) If I cannot cancel the contract via a letter to DRI, then can I do the cancellation via my Amex Card? Or do I risk being in default if I go that route? Curiously, charges usually take a while to get posted to my Amex account - but the DRI charge got posted within 3 days. If the charge were still 'pending' (as it normally is with Amex - especially hotel charges) I think I could have supervened and cancelled the charge - not so? I am aware I need to call Amex on this.

3) Am I just screwed like everyone else who made this purchase? No hope....make the best of it....chalk it up as a very expensive lesson (though far from as expensive as it could have been - at least I didn't even consider the 'payment plan' option at 20% interest )

Okay - do I have a prayer of a chance to rescind this? I did e-mail the salesman asking how to cancel (I won't use his phone number - won't). I also e-mailed the resort's General Manager. No response from either.

Many thanks for any responses.

 

[Talya]

Hope someone(s) can help if only to tell me the brutal truth. Just having a place to vent is helpful, though.

 

[Talya]

There is another thread that has one of the answers - just saw the thread -

In most cases the sampler cannot be cancelled. A sampler bought in Hawaii, Nevada, Arizona, Missouri cannot; if bought in California, it can be cancelled.

Okay.

It's done. Unless because I live in California there is wiggle room.....

But now I have to figure out how to get the most of what I've bought. Can I ask advice here on how to go about using/booking the vacations? I am clueless - though I do have the Vacation Planner as part of the deal.

BTW they did tell me that I couldn't start booking until after 2 weeks had elapsed from signing - that suggests to me that I could get out of this if I wanted, why else incur the black-out time?

 

[Talya]

Okay - last question - as I have been reading I see the question of the moment is the Sampler purchase. Misery does love company. I feel better knowing I haven't been the only one - at least.

Last Question: I am seeing that people are looking for points to buy. Is it possible for one to 'sell' one's Sampler points? If I could re-coup this $4,000 loss it would be fabulous......but I don't know the protocols for that. Anyone?

 

[RLS50]

Okay - last question - as I have been reading I see the question of the moment is the Sampler purchase. Misery does love company. I feel better knowing I haven't been the only one - at least.

Last Question: I am seeing that people are looking for points to buy. Is it possible for one to 'sell' one's Sampler points? If I could re-coup this $4,000 loss it would be fabulous......but I don't know the protocols for that. Anyone?

Talya,

Not sure if you can rescind a sampler in Arizona. But I recommend the Facebook group Diamond Resorts US Friends. There are many posters there that will comment and provide input and guidance on how to use your points. You may even get some info on whether you qualify for rescission.

That group also has many photos of the various DRI resorts. The worst part is that as part of your Sampler (if you can't rescind) I believe you will be required to attend a DRI sales meeting at every resort you use them at. I hope you realize it's possible they will tell you anything to try and convince you that somehow you have to purchase points. So be prepared.

 

[TUGBrian]

id still attempt to cancel within the arizona timeframe...you have nothing to lose by trying and you would likely have the support of AZ law if they wanted to try to push the issue.

 

[nuwermj]

My understanding is that you cannot rescind this purchase. Yes, you can ask questions about usage of the points. You can not transfer (nor rent) Sampler points.

 

[clifffaith]

Talya -- The older versions of the sampler package had only a handful of DRI resorts that you could visit. Is this the case with your sampler? Depending on where you are able to travel and what kind of units you can book (do they limit you to one bedroom?) you can likely get some nice vacations for your money. But be aware that you will have to sit through a high pressure sales presentation on each sampler vacation. I think it's worth a try to get rid of it. They are in trouble with the Attorney General of Arizona and I'd tell anyone who would listen that your research indicates this isn't a company with which you want to become involved.

 

[Talya]

Thank you, All, for the responses.

Talya, Not sure if you can rescind a sampler in Arizona. But I recommend the Facebook group Diamond Resorts US Friends. There are many posters there that will comment and provide input and guidance on how to use your points. You may even get some info on whether you qualify for rescission. That group also has many photos of the various DRI resorts.

Thank you. Will check it out.

The worst part is that as part of your Sampler (if you can't rescind) I believe you will be required to attend a DRI sales meeting at every resort you use them at. I hope you realize it's possible they will tell you anything to try and convince you that somehow you have to purchase points. So be prepared.

One of the salespersons (the older of the two who seemed to be 'training' the younger man) stated that I could refuse to attend any more sales meetings. Wonder if I can rely on that?

The underlined has me puzzled - how could they convince me that I 'must' purchase points (says I who let every savvy thought in my head go out the door when I signed onto the Sampler).

 

[Talya]

I'd still attempt to cancel within the arizona timeframe...you have nothing to lose by trying and you would likely have the support of AZ law if they wanted to try to push the issue.

@TUGBrian So I send the certified letter? And who do I send it to? The Las Vegas address in my contract? What do I say - that I just want out - or do I explain why I want out, etc.?

What is the Arizona timeframe?

What is the Arizona Law that is supporting a request for rescinding?

BTW the initial salesperson (I had three) that delivered the really ott expensive timeshare 'sell' indicated to me that there was a class action suit against DRI in Arizona. (Talk about red flag!) I have decided that the scale of my stupidity is because I have something to learn from all this. After 90 minutes with the first salesperson I was tired - yawning - and thought I was free to go - when the second one arrived with the Sampler offer......ach! So many points at which I should just have said 'no' and walked out.

 

[Talya]

My understanding is that you cannot rescind this purchase. Yes, you can ask questions about usage of the points. You can not transfer (nor rent) Sampler points.

It's pretty clear from the language in the contract I signed that the possibility is unlikely, so @TUGBrian and @nuwermj - why the difference in perspective on this? Just wondering.

I will send the certified letter tomorrow. No harm in trying. I am very curious why they have put in a 2 week black-out from signing - that suggests to me that there is some loophole.

 

[Talya]

Talya -- The older versions of the sampler package had only a handful of DRI resorts that you could visit. Is this the case with your sampler? Depending on where you are able to travel and what kind of units you can book (do they limit you to one bedroom?) you can likely get some nice vacations for your money.

The underlined/bolded - that's what I am counting on if I can't get the money back. Also, I can't tell you how much having found a place to discuss this has reduced my angst. I am aware now though that to make this work to my advantage I must be super savvy.

There are 36 locations listed. Of those 36 there are 8 locations that they indicate only a basic hotel room (or garden view studio) will be available.

Locations include Arizona (Sedona, Scottsdale) - California (Lake Tahoe, Palm Springs, Ramona, Capistrano) - tons in Florida: Celebration, Kissimmee, Ormond Beach, Daytona, Orlando, South Beach, Miami, Miami Beach) - Hawaii (Kauai, Maui, Big Island) - Missouri (Branson) - North Carolina (Kitty Hawk, Sapphire Valley) - Nevada (Las Vegas) - Tennessee (Gatlinburg) - Virginia (Williamsburg, Virginia Beach) - and Mexico (Los Cabos - Hyatt Place).

But be aware that you will have to sit through a high pressure sales presentation on each sampler vacation.

I was told I could refuse the sales meetings. I am going to do that. What could they do to me?

I think it's worth a try to get rid of it.

I'll send the letter to Las Vegas - should I also copy the Attorney General of Arizona on the letter - or tell them that I will be contacting the Attorney General of Arizona?

They are in trouble with the Attorney General of Arizona and I'd tell anyone who would listen that your research indicates this isn't a company with which you want to become involved.

Is that the class action suit - or is there something more going on?

 

[TUGBrian]

just saying, if I write "you cant do this" on a piece of paper that doesnt make the law any less applicable.

and it costs you a postage stamp to try.

 

[Talya]

just saying, if I write "you cant do this" on a piece of paper that doesnt make the law any less applicable.

and it costs you a postage stamp to try.

Thank you, @TUGBrian. I will send the letter certified tomorrow. I'll let you know what happens.

But @TUGBrian - given what I have described - do you think the Sampler I got would be interesting to keep? Would I be able to get out of it some interesting vacations? Someone on-line made the interesting comment that DRI's vacation model was designed prior to AirBnB and other internet access possibilities. He made the point that working on one's own one can get a much better deal for vacations than being limited to DRI properties, etc. I'm inclined to see his point.

Some Context: I have been planning a criss-crossing country driving trip for a couple of years. In fact - my leave date was in 2 weeks (which I have had to cancel because of this purchase) - as the $4,000 was my actual saved monies for the trip. I bought the Sampler under a complete set of altered facts (these are the internal reasons why I fell for the sell regarding the Sampler). I was clear with the salesman that I expected to be able to use it on my cross-country drive (like one would stop at Hiltons or Marriotts), and use it for one-night stays. He never corrected my misapprehensions - not even when I stood at the map and was looking at France and England for possible locations for other trips. Never told me I was limited to the U.S. and even then only to a certain number. I know - there was the contract - but let's not dwell on my stoopidity. So you can see why the loss of this money - and the flexibility - completely derailed me when I realized what I had done. Any refund - if it comes through - will be well pass the fall timeframe I intended to take my trip - so that is a loss (which is why I am willing to reconsider the Sampler as a possible 'adventure'). But it is what it is. Can't tell you how calming finding this chat site has been. Thank you.

 

[TUGBrian]

generally the rule of thumb is if you have unanswered questions, you should rescind and get those questions answered first.

no sense in spending thousands of dollars to try something out especially when you could either use that same money for a few years of renting while you do research...or at that price buy any number of hundreds (if not thousands) of resale timeshares priced below that mark.

if you cancel and take some time to look into it further and decide you would want to move forward, they will be happy to have you sign up and pay them again.

 

[Talya]

Thank you, @TUGBrian Am I ever on a time crunch - as I looked and I signed on the 1st - and so I am at the 7 day mark - or am I counting wrong - and it would be at midnight on the 8th? I will try to do same day delivery of a certified letter.

Just got this response from the admin of the on-line FB group that was recommended here: "I'll dispense with the usual pleasantries since you are on a bit of a time crunch. According to state law, in AZ, a person normally has 7 calendar days (expiring at midnight) to rescind a purchase. The problem with the Sampler is that it is not a real estate purchase but instead a lease and therefore recession laws do not normally apply (meaning you are stuck with the Sampler) BUT....some folks have stated here that they were able to get rescind their Sampler purchase in AZ so it's always worth a shot but you need to get that letter in that mail ASAP."

 

[Talya]

if you cancel and take some time to look into it further and decide you would want to move forward, they will be happy to have you sign up and pay them again.

I bet! Never, ever again!

 

[Talya]

@TUGBrian I have looked at the link you supplied on another thread regarding all the proper forms to be sent with the rescind letter - but what I don't have is any details regarding what DRI wants since they did not state I could rescind in the contract.

SO.....this is what I will do - could you indicate if you think I am on the right track? I am puzzled about contract number. My contract has Plan# - I assume that is the contract number? It's the only number I can find on the document.

LETTER

Gentlemen:

Regarding contract Plan#000... dated 9/1/17 for purchase of a Sampler with DRI. I am exercising my legal right to cancel this contract per Arizona Law. I expect a refund of the full payment of $3,995. Do not make any additional charges to my credit card. Please confirm my legal rescission in writing.

Sincerely,

I will send the letter certified with return receipt to the Seller/Broker address in Las Vegas that is noted near my signature.

Should I send the first page of the Sampler contract along with the letter?

Many thanks!

 

[taffy19]

Do it quickly as TUBBrian suggested and the Facebook Group too. You have nothing to lose but may end up with a positive result in rescinding your contract still.

If DRI was using unethical sales practices in Arizona, they most likely did the same in Nevada too. I went to see if DRI had other complaints and found this website here. There is a post on July 26 from Anitalau88 that may be of interest to you because she also mentioned about a delay.

If it doesn't work out, I would also send a complaint to the Attorney General in Nevada. Eventually they may also go after DRI and teach them another lesson.

Attorney General Brnovich Announces $800,000 Settlement with Diamond Resorts
Settlement Agreement Resolves Allegations of Consumer Fraud Act Violations

 

[Talya]

Thank you @taffy19 I plan on hot-footing it over to the Post Office when it opens in a couple of hours to get this done. Hope! Hope! Fingers crossed.

 

[clifffaith]

If/when DRI denies the sampler recision, I'd go whining to my cc company in a heartbeat. I had Godaddy hit me for automatic domain name renewal in August. Called them up and said we are retiring, website has been shut down since end of last year, please process a credit. Oh the money doesn't go to us, it goes to a third party, can't cancel. Well you can cancel it now or I'll file a dispute with cc company. No can do. Called cc and five minutes later I had a credit. Two days after that comes the email from Godaddy saying my account had been closed. So continue to pursue it if DRI denies you. And you need to return that tablet, unless they tell you don't bother.

 

[Talya]

If/when DRI denies the sampler recision, I'd go whining to my cc company in a heartbeat. I had Godaddy hit me for automatic domain name renewal in August. Called them up and said we are retiring, website has been shut down since end of last year, please process a credit. Oh the money doesn't go to us, it goes to a third party, can't cancel. Well you can cancel it now or I'll file a dispute with cc company. No can do. Called cc and five minutes later I had a credit. Two days after that comes the email from Godaddy saying my account had been closed. So continue to pursue it if DRI denies you. And you need to return that tablet, unless they tell you don't bother.

As it happens today I called my credit card (Amex) and initiated a dispute. They are putting a hold on the payment, and initiating an investigation with the company. Apparently this comes up a lot for them - the bank rep seemed familiar with what had taken place - though he did not assure me of any outcome. I faxed them copies of my contract and the letter I certified and sent today. So now it's a waiting game. 'Twill see.

As for the tablet I would actually rather return it - it's pretty cheap. Now if they had gifted me the new iPhone8 - I'd keep that!

 

[Talya]

And you need to return that tablet, unless they tell you don't bother.

@clifffaith Are you suggesting I send the tablet now? I would assume I return it once they give me the refund and ask for it.

 

[clifffaith]

@clifffaith Are you suggesting I send the tablet now? I would assume I return it once they give me the refund and ask for it.

No, I think I'd sit tight for now. If you do prevail, make an effort to find where to return it, but I wouldn't be surprised if they say to just keep it and good riddance to you.

 

[Talya]

No, I think I'd sit tight for now. If you do prevail, make an effort to find where to return it, but I wouldn't be surprised if they say to just keep it and good riddance to you.

Sniff You mean they won't like me anymore? No more sales presentations? I'm crushed. Feelings are hurt.