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Agent/owner lied and I want out! [Imperial Hawaii Vacation Club]

atsdon1

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I just received the new owner package from Imperial Hawaii Vacation Club. Within it there is a bill for $838.92 "Part Plan Assessment" to pay the balance prorata of the current year's maintenance fee. In addition they state the usage is not the normal Jan 1 to Dec 31 year, but changes on July 1.

The Estoppel and Contract both state the same thing;
Seller has paid 2022 maintenance fees.
Buyer will pay maintenance fees starting 2023 & thereafter.

Now, that no longer is true. Usage is NOT for 2022, but only for another 45 days AND the full 2022 fees have NOT been paid in full. Also, I signed the purchase contract, but NEVER received a signed copy in return. Did the seller or closing agency substitute pages they didn't want me to read? What kind of a closing company operates this poorly?

I've had a couple of issues with Breanna Austin at Express Closing Firm, LLC in Springfield, MO, but this is downright fraud.

Please, I'd appreciate any suggestion. Also, how does TUGBBS police such agent's illegal activity?
 

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BM243923

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I would remove the attachment as it has a lot of personal information. If you want to use it, black out the personal information and repost.
 

bizaro86

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I have just started a process with them (and haven't signed yet) please keep us updated!
 

tschwa2

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Did you contact the closing company and ask them to pay the remaining 2021 fees plus the 2022 fees that will become due July 1?
 

atsdon1

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I have just started a process with them (and haven't signed yet) please keep us updated!
No, I haven't, but I will.

I did get another message from SanWang
I also had the same problem with Breanna Austin on a purchase that after transfer completed, when I called the resort to make a reservation, was told the float weeks are different as stated on the eBay listing. And also on the purchase agreement it stated that seller will pay the 2022 MF and got a bill dated April 25th for the full 2022 MF.

I reached out to Breanna and she said she will send me a check for the full amount. She didn't argue with me probably because she knew she made a mistake.


At this point, I'd be very careful in dealing with them. Make sure you have copies all along the way and aks about these issues BEFORE you sign anything. Get it in writing as an Estoppel if you can.
 

samara64

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Thank you, I did.

Did few transactions with Breanna and all went very well. There was one time a past due MF on a week I got but she paid for it. It did take some time to get the refund.

You removed your personal info but the seller info is still there. i would remove both.
 
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I received the email from the OP. I've asked him for a bill or what the resort has sent him as I am not aware of any outstanding bill or usage loss. However, if there a problem, there's no doubt we will handle it.

Please keep in mind that we rely heavily on the resort's estoppel for accurate account information. That being said, there are definitely mistakes that can be made. These mistakes are not made by malice but are handled every time.
 
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I received the email from the OP. I've asked him for a bill or what the resort has sent him as I am not aware of any outstanding bill or usage loss. However, if there a problem, there's no doubt we will handle it.

Please keep in mind that we rely heavily on the resort's estoppel for accurate account information. That being said, there are definitely mistakes that can be made. These mistakes are not made by malice but are handled every time.
I am the selling agent and closing company for this transfer. I wanted to make that clear.
 

tschwa2

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I haven't dealt with this company but I had a similar experience this year. It is quite a shock to receive a bill for several hundred dollars especially one with late fees when you weren't expecting it at all. Your first reaction is panic especially when you can't immediately get through to the closing company your mind just jumps to scam. My experience was that it took a little over a month but everything was taken care of.
 

Venter

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I have worked with this company and can say they were quick to get back to me with any questions in responses and the whole process was smooth and fast. They are also willing to try and make things right.

I can see their point in that the Estoppel they provide is what they can go with as this is provided by the resort. Ultimately, one has to also do your own due diligence. I remember from other TUGG discussions that there is more ways to check. I chose to only go by the Estoppel taking the risk that things may not be what they seem. Everything worked out in the end.
 
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I haven't dealt with this company but I had a similar experience this year. It is quite a shock to receive a bill for several hundred dollars especially one with late fees when you weren't expecting it at all. Your first reaction is panic especially when you can't immediately get through to the closing company your mind just jumps to scam. My experience was that it took a little over a month but everything was taken care of.
Most of the time when a buyer gets a surprise like that, we're just as surprised. We don't aim to deceive anyone but I do try to fix what I can. Sorry that yours took that long to correct.
 
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Just to update everyone on this thread, this is the response I sent to the OP via email after speaking with the resort:

"Good morning,

As far as the maintenance fees you have been billed for, we are sending you a check for that amount. Imperial pro-rated the fees and refunded the seller for their portion of 2022 that they transferred. That check will be made out to you and mailed directly to you.

As for the usage, the estoppel states the interval floats weeks 1-52. However, since the transfer was completed in May, your actual usage is from July 1 to June 30 of every year. So you're still getting weeks 1-52 but in a different order.

This is the first time I have ever heard of these two policies and my apologies for the surprise. If you wish to cancel the transfer, please let me know. Otherwise, I will email you the tracking number for the maintenance fee check.

Breanne"
 

slip

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I had a week at the Imperial and it is a little odd they way they do things but once you understand it, it is fine.

You like the Imperial. Nice resort and staff in a great location.
 

atsdon1

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I just received the new owner package from Imperial Hawaii Vacation Club. Within it there is a bill for $838.92 "Part Plan Assessment" to pay the balance prorata of the current year's maintenance fee. In addition they state the usage is not the normal Jan 1 to Dec 31 year, but changes on July 1.
UPDATE AND RESOLUTION

It's taken until now for a final resolution and I want to report to all who followed this thread.

Most of the original problem that occured was NOT the fault of Express Closing Firm, LLC or Breanna Austin. It was the strange policy of the Imperial Hawaii Vacation Club. Their policy actually caught both Express Closing and me off guard. Their policy is to reset the start date of the new annual year of a new owners to 60 days following their recording of the new ownership and to prorate maintenance funds to the new owner. This is the strangest policy I've seen in literally hundreds of ownerships I've known of in many years.

Breanna resolved this by issuing me a check for the billed amount. Once received and cleared, I paid the billed amount and was then able to make reservations for use this September. I'm still a little unsure how the future will resolve. I believe a new billing cycle for me will begin as of July 1, next year as my new anniversary date.

I apologize to Breanna for having gone through this experience, but I believe it is something both of us have learned to question in the future from a resort. As an industry, they are getting trickier as time goes on.
 

slip

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Pono Kai, 20 wks; Maui Schooner, 1.5 wks; 1 week Ke Nani Kai; WaveCrest Condo, Molokai, HI
UPDATE AND RESOLUTION

It's taken until now for a final resolution and I want to report to all who followed this thread.

Most of the original problem that occured was NOT the fault of Express Closing Firm, LLC or Breanna Austin. It was the strange policy of the Imperial Hawaii Vacation Club. Their policy actually caught both Express Closing and me off guard. Their policy is to reset the start date of the new annual year of a new owners to 60 days following their recording of the new ownership and to prorate maintenance funds to the new owner. This is the strangest policy I've seen in literally hundreds of ownerships I've known of in many years.

Breanna resolved this by issuing me a check for the billed amount. Once received and cleared, I paid the billed amount and was then able to make reservations for use this September. I'm still a little unsure how the future will resolve. I believe a new billing cycle for me will begin as of July 1, next year as my new anniversary date.

I apologize to Breanna for having gone through this experience, but I believe it is something both of us have learned to question in the future from a resort. As an industry, they are getting trickier as time goes on.
Great resolution. You will enjoy the Imperial. :thumbup:
 

sjsharkie

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I worked with Breanne on a previous Marriott closing in 2021. She was communicative and everything went fine -- would recommend her based on my experience and the above resolution posted by OP.

-ryan
 

Sanwang

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No, I haven't, but I will.

I did get another message from SanWang
I also had the same problem with Breanna Austin on a purchase that after transfer completed, when I called the resort to make a reservation, was told the float weeks are different as stated on the eBay listing. And also on the purchase agreement it stated that seller will pay the 2022 MF and got a bill dated April 25th for the full 2022 MF.

I reached out to Breanna and she said she will send me a check for the full amount. She didn't argue with me probably because she knew she made a mistake.


At this point, I'd be very careful in dealing with them. Make sure you have copies all along the way and aks about these issues BEFORE you sign anything. Get it in writing as an Estoppel if you can.
An update about my dealing with the company... I have received the check Breanna promised me. I believe the whole thing was just an overlook. She never argued or gave me a hard to when I told her I had a problem with the unpaid MF. Everything is cool.
 

pspercy

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I’ve been interested in Imperial for a while now. Walked past it many times but never made time to stop there.
One question, I read somewhere that their building lease ends around 2030 and that means the timeshares end.
Anyone know if there’s any truth to this ?
 
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