Booktimeshares aka SeasideVacationCondos

[geist1223]

We are Owners of a Residence Club Unit at Seaside Oregon. It is 1 week per Quarter. It is a 3 Bedroom Delux Unit. We would use the Unit for ourselves, let Family and friends use it, trade it in to Worldmark for Credits to use at any Worldmark Resort, or rent it out. We used an individual named Tim Tolan and SeasideVacationCondos to manage it when we wanted to rent it out.

It was pretty informal. We would let Tim know what weeks we wanted to rent out. When he had a rentor he would sent us an email and we would confirm by return email. Within 7 days after the rental period we would receive a Check.

Last winter Tim notified us he had a rentor for the June 30 - July 7, 2023 time period. We confirmed by email with Tim.

Between that and the rented week apparently Tim decided to retire and turned over the business to a Relative - Mark Tolan.

We waited 2 weeks after the Rental Period and had not received a Check. We sent an email inquiry. The reply told us no Check would be issued until the end of August. After Mark and the business had settled up with 3rd party Rental Sites.

We replied that was not the Agreement we had with Tim and demanded our Money. The response was that no Check would be issued until we signed a new Listing Agreement with Mark's Business.

We have refused. One big reason is that would not agree to the use of 3rd Party Online Rental Firms such as VRBO or AirBnB. Who has not heard the horrible stories where a rentor has complained after the rental time period with the 3rd Party Agency. With little to no investigation the 3rd Party Agency has agreed with the rentor and returned all or part of the rent. So the Owner is out their monies.

We can not recommend anyone use this Business under its current Management and Policies.

 

[HudsHut]

You are owed the rental income proceeds under the terms of the contract with Tim. Tim owed you the rental proceeds as a liability on his books. Now Mark has that liability and must pay you. It sounds like the business has misappropriated the money, and is stalling until more rental income comes in, before they pay you.

 

[TheTimeTraveler]

I would file a small claims Court action right away if I were you. Once Mark Tolan is served Court documentation you may find a check magically appears.

Be sure to electronically file the paperwork on Monday (if electronic submission is allowed). Do not wait. It takes time for these cases to be heard and it's better to schedule something on the Docket now and cancel later should the money appear.

Mark Tolan will likely not want this case heard as it becomes a public record and may affect his future potential business. If he pays you prior to the case going to Court then it will never be public that he is unethical (and has been hauled into Court as a Defendant).

One other thing; I would also call Tim Tolan and tell him exactly what you are doing. He may speak directly to Mark on your behalf and read him the riot act and tell him to get off his rear end and get you paid immediately.

Best of luck!





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[geist1223]

Tim the former Owner of the Business has stepped in and said a Check will be issued Monday.