I'm surprised at this reply coming from an attorney. Based on what the OP posted before it (and I haven't read further yet,) what indications of fraud are you seeing? The OP says that she wants out because she wants to use the money she owes for something else, and that she's surprised that various usage options come with an added cost. That's not fraud, it's a combination of the owner's change of mind, and, failure to do due diligence before entering into a contract that demands action and responsibility from all parties.
I get it, Westgate is bad, Westgate is the devil. Some will say that all timeshare developers are the devil. But suggesting that spurious claims of fraud should be leveled against any timeshare developers when owners simply don't want the responsibility anymore, does nothing but counter the widespread claims that the problems in the industry are caused solely by developers.
This would be a completely different response IF true financial hardship and resultant bankruptcy were the reasons given for defaulting on the timeshare loan. That's not what I see here. In this case, the OP has already made up her mind to default and let the chips fall where they may. That's a hard life lesson but where's the sense in assigning blame for it elsewhere? Over the years I've seen hundreds of TUG posts stating that defaults end up costing all of the other owners one way or another, and just don't understand why I don't see them in this thread.
I agree, and certainly never suggested that "spurious claims of fraud should be leveled against" anyone. In my book, being lied to and mislead in relation to a contract's formation, could clearly meet the definition of fraud. In every case? Of course not.
We can certainly parse words till the end of time as to what "fraud" means. (See, eg. Bill Clinton "It depends upon what the meaning of the word 'is' is." cerca 1998) The OP stated (emphais added):
Also, yes, I will not be recommending any of my family or friends to Westgate. They told me about all the perks of owning a Westgate TS just to find out it’s all memberships that cost an arm and a leg.
I’m not impressed. Even if I could manage the payments and continue on - I still feel lied to and mislead.
My interpretation was that she was not told the truth (ie the disclosure of material facts) that the usage being described was not part of her purchase, but was some separate membership or costs, and that otherwise she felt they lied to her during the presentation. What if when you bought your TS you were told you could convert your week each year for 120K MRP, but it was never disclosed that there is a $5,000 conversion fee each time to do so? Would you consider yourself just "surprised" or mislead as to the purchase?
I suggested that she "write them a letter stating you are rescinding based on fraud, and cite all the false things that they did and said that induced you into the contract, including the loan." If she in fact cited things that were false that induced her, this could qualify as fraud. In any event she would simply be writing a letter based upon her beliefs and perceptions of what occurred. Noting definitive there.
Also, given all of the stories of Westgate's conduct, stated both here and elsewhere, regarding hiding of documents, assertions in sales presentations, investigations of their practices, etc., coupled with what the OP perceived, it is certainly plausible that WG induced her with false statements.
But I guess, it may be possible, that in this one case WG (aka the Devil?), did the right thing, was totally honest, presented all facts material to the transaction of which it was aware and that the buyer was not, and did not mislead or lie to the OP as she believes.
My point was to preserve any claim that she may have in the event that there was any future action, given that she planned to walk away. I still think its a good idea, but of course she should not rely on my comments as I don't represent her.
