Do not buy from this seller: pennyrcipoints!

[rickandcindy23]

Ron is correct. You can deed a property to someone without their signature. Supposedly, there is to be acceptance, so you must get an email that says they accept the timeshare, or a contract, or a payment with the notation of what you are paying for. What if that step is skipped? You have the burden of proof as the new owner that you didn't want the week, or you have to hire a lawyer at a price. It's very hard to get rid of a timeshare, let alone one that someone deeds to you without knowledge.

As I said before, I had a deed quitclaimed to me from someone who found me on TUG about three years ago, maybe four. He asked if I wanted the timeshare, I said NO, he quitclaimed it anyway, and then it was my hassle to deal with. I gave it away on TUG.

We paid two years' of past due fees. It was in my name that long without me realizing it. The guy was scum.

It truly could happen to any of us. I hate to give people any ideas who are perusing this site.

 

[chriskre]

Class action lawsuit is what comes to mind.

I believe this seller resides or does business in Europe.

 

[ampaholic]

Class action lawsuit is what comes to mind.

Dang - I hope he/she hasn't done this enough to create a class .

 

[sail27bill]

ScubaKat and Chriskre--thank you for posting your stories. Myself and others are now aware of another scam to look out for when using ebay thanks to you.

ScubaKat I hope you are able to have this deed nullified shortly. It is kind of scary that this type of scam can be done with such ease.

Chriskre--I sincerely hope that you are not a victim of this fraud too. Please let us know the outcome of your situation.

Anita

 

[ronparise]

With all due respect, I think that you are conveniently overlooking a critically important and fundamental point of law here.

The indisputable fact is that acceptance is an integral requirement for any legally valid deed. Absent the "acceptance" component, voiding an invalid deed to an unknowing, innocent and involuntary "grantee" is relatively straightforward and achievable (albeit a procedural PITA). You might get a bogus deed recorded, but you would be committing (criminallly actionable) fraud in doing so if the grantee was completely unaware of his / her involvement.

Some states require signatures of both buyer and seller on deeds, but in most states only a seller signature is required. In all states, however, grantee acceptance is a clear and fundamental legal requirement. If it wasn't, people could just pick random names out of the phone book to "dump" their unwanted timeshares on innocent and unknowing others.

I didnt overlook anything..the seller did. Of course acceptance is required, but the county recorder in many counties doesn't look for it to record the deed

I think the op's salvation here will be at the resort...If they are notified

 

[JudyS]

Thought I'd show you guys the inquiry email that I sent to her and how she responded to my question.

Dear pennyrcipoints,

Hi,
I see that you are "giving" away alot of RCI points deeds.
Do you
have any biennials?
I own a triennial VVParkway but would like something
that trades into Disney. thanks.

Christine

Karen's resonse from this email:

Yes, I do.

Bid a penny on this auction and I will close it.

That way, we will be able to more easily communicate.

Thank you kindly,



- pennyrcipoints

I assumed she was talking about closing the auction but actually it appears she may have been talking about closing the TS deal. Definitely taking advantage of the situation and of course ebay provided her with my full name and address so she can transfer the deed.

This does sound like a scam.

So, here's how it seems to work. eBay no longer allows bidders and sellers to exchange email addresses, so the eBay seller says, "Click on 'Buy It Now' so I can email you." Then, once "the mark" clicks on 'Buy It Now' the seller uses that as justification to put the deed in "the mark's" name.

When I first read this thread I thought the problem was perhaps a misunderstanding or a simple error, but it is looking more and more like a deliberate scam.

Christine, I would advise that you send this seller a lawyer letter, saying that you have not agreed to purchase anything and will not accept anything they deed to you. You should also try to figure out where the timeshare is located (the one you clicked "Buy It Now" on,) and check with the county clerk there to make sure nothing has been recorded in your name.

New piece of advice: Never click "Buy It Now" (or even place a bid) on something you aren't sure you want. If the seller suggests bidding or using But It Now "so we can communicate more easily," run!!! What the seller SHOULD be doing is asking you to phone them to exchange email address. eBay still permits phone numbers to be exchanged before a transaction is completed.

 

[theo]

Maybe a tough argument to successfully make...

....I would advise that you send this seller a lawyer letter, saying that you have not agreed to purchase anything and will not accept anything they deed to you.

Unfortunately, this slippery seller can (and very likely will) easily make the readily available and obvious assertion that the mere act of hitting that "Buy it Now" button was, in and of itself, overt performance of the legally requisite act of "acceptance" by the buyer. A new deed could be prepared and recorded before any attorney correspondence even gets generated.

I'm not saying that the slippery seller is right (or honest), just that his/her position is likely quite predictable and, unfortunately, maybe also has some merit. After all, what is it that can be portrayed (after the fact) as being somehow unclear about the intent of those three words "Buy it Now"?

 

[chriskre]

Unfortunately, this slippery seller can (and very likely will) easily make the readily available and obvious assertion that the mere act of hitting that "Buy it Now" button was, in and of itself, overt performance of the legally requisite act of "acceptance" by the buyer. A new deed could be prepared and recorded before any attorney correspondence even gets generated.

I'm not saying that the slippery seller is right (or honest), just that his/her position is likely quite predictable and, unfortunately, maybe also has some merit. After all, what is it that can be portrayed (after the fact) as being somehow unclear about the intent of those three words "Buy it Now"?

Well I didn't BUY it. :annoyed:
How is that unclear?
I was merely naive enough to believe that this seller was an honest seller and innocently I asked a question that they answered with the previous response to "buy it now" so we could better communicate.

Yes looking back it was a stupid thing to do but clearly if this thing gets deeded in my name then they are definitely dealing dishonestly because I never paid for this item nor pursued this deal any further. Just because they list this in the "memberships" section thinking they are getting around the rules for real estate transactions, shows that they are not dealing honestly and just looking for a sucker like me to fall into their trap. Silly me to believe that anyone involved in any timeshare transaction is dealing honestly.

 

[theo]

Not criticizing, just noting...

Well I didn't BUY it. :annoyed:
How is that unclear?
I was merely naive enough to believe that this seller was an honest seller and innocently I asked a question that they answered with the previous response to "buy it now" so we could better communicate.

Yes looking back it was a stupid thing to do but clearly if this thing gets deeded in my name then they are definitely dealing dishonestly because I never paid for this item nor pursued this deal any further. Just because they list this in the "memberships" section thinking they are getting around the rules for real estate transactions, shows that they are not dealing honestly and just looking for a sucker like me to fall into their trap. Silly me to believe that anyone involved in any timeshare transaction is dealing honestly.

It certainly was not previously (and still is not now) my intent to "chastise" you, if that is how you chose to take my input and observations on the events described.

I was (and I still am) merely pointing out that this slippery seller can (and likely will) assert overt fulfillment of the legal requirement of grantee "acceptance" by just pointing to the use of the "Buy it Now" button.
He / she can then next assert that the required "consideration" component is not actually any money, just "good will". With those requisite items of "acceptance" and "consideration" potentially fulfilled, it would seem that the path to a valid deed might be undertaken here.

I'd love to be dead wrong in this prediction and I sincerely hope I am.
Please keep us apprised of further developments as this saga unfolds...

 

[chriskre]

It certainly was not previously (and still is not now) my intent to "chastise" you, if that is how you chose to take my input and observations on the events described.

I was (and I still am) merely pointing out that this slippery seller can (and likely will) assert overt fulfillment of the legal requirement of grantee "acceptance" by just pointing to the use of the "Buy it Now" button.
He / she can then next assert that the required "consideration" component is not actually any money, just "good will". With those requisite items of "acceptance" and "consideration" potentially fulfilled, it would seem that the path to a valid deed might be undertaken here.

I'd love to be dead wrong in this prediction and I sincerely hope I am.
Please keep us apprised of further developments as this saga unfolds...

Sorry Theo, I'm not upset at you or did I take it as chastisement, I just love using the smileys.

I'm hoping that I haven't been HAD but wouldn't be surprised.
I'll come back and post if it turns out that I've been duped by this seller.
I'm certainly hoping that it is not the case but it seems to definitely be their MO and it certainly is obvious that they are concealing the fact that this is a real estate transaction from ebay by listing it in the Memberships section.

 

[Talent312]

Could a buyer simply continue to use their handle, keeping their true-name a secret, and disclose their identity only when satisfied with the details? Simply don't give anyone your real name and address, unless you are willing and ready to pull the trigger.

 

[chriskre]

Could a buyer simply continue to use their handle, keeping their true-name a secret, and disclose their identity only when satisfied with the details? Simply don't give anyone your real name and address, unless you are willing and ready to pull the trigger.

Once you become a buyer then ebay discloses the buyers name, address and phone information so the transaction can be completed. Where this seller is scamming is forcing a shopper to become a buyer by trying to change the relationship by making you push the button to "buy it now" to get your answer. Very sneaky but she's getting away with it obviously. I sell alot on ebay and I can see the name of the buyer along with their valid email and shipping address and phone. You don't even have to pay for something thru paypal to get this information. Obviously a loophole that the PCC's may begin to exploit once they get wind of this.

 

[presley]

Chriskre, did you click on Buy it now? I gathered that they told you to do that, but I didn't see where you said that you did click it.

Maybe you can notify ebay that the seller is asking people to click Buy it Now in order to answer questions. That might get them in ebay trouble.

 

[chriskre]

Chriskre, did you click on Buy it now? I gathered that they told you to do that, but I didn't see where you said that you did click it.

Maybe you can notify ebay that the seller is asking people to click Buy it Now in order to answer questions. That might get them in ebay trouble.

Yes I did click the Buy it now because I was considering one of her listings if it met my criteria. She never really answered my question other than to say that yes she had biennnials. Never got specifics on how many points and she purposely leaves her listings vague and now I see why. I guess I'll see what happens and definitely will follow up with ebay on this. Probably won't get anywhere but I guess it's worth a try. I'll link them to this thread so they can see what's going on.

 

[ampaholic]

I wonder if this person is also advertising on TUG?

http://tug2.com/TimeshareMarketplac...tingGUID=28a5d25d-4dee-45a5-a75f-6ac744207e26

Seems eerily familiar ....

 

[presley]

I wonder if this person is also advertising on TUG?

http://tug2.com/TimeshareMarketplac...tingGUID=28a5d25d-4dee-45a5-a75f-6ac744207e26

Seems eerily familiar ....

That does appear frighteningly familiar.

 

[ScubaKat]

Orange Lake is going to look into deeding the week back to the resort.. they said they do not have the transfer paperwork as it was transferred into the resort while it is still Summer Bay.. but then why did I just get the welcome letter from Orange Lake? I am confused but that but am happy they are looking into that possibility.

 

[ScubaKat]

I just talked to the county recorders office too.. they said they cannot delete a recording but I can submit to have it recorded back to the original owners..

Christine - I really hope this doesn't happen to you too! Or at least if it does, it is a week or points that you can use!

 

[bogey21]

I just talked to the county recorders office too.. they said they cannot delete a recording but I can submit to have it recorded back to the original owners.

This sounds like the way to go. Did the County Recorder's Office tell you how to do it?

George

 

[roadtriper]

I wonder if this person is also advertising on TUG?

http://tug2.com/TimeshareMarketplac...tingGUID=28a5d25d-4dee-45a5-a75f-6ac744207e26

Seems eerily familiar ....

yeah, looks like it! I wonder if you bought the 100K points from them, how many deeds and MF's they dump on you??? RT

 

[chriskre]

I just talked to the county recorders office too.. they said they cannot delete a recording but I can submit to have it recorded back to the original owners..

Christine - I really hope this doesn't happen to you too! Or at least if it does, it is a week or points that you can use!

So do you quitclaim it back to the original owners?
This is totally nuts. I hope I'm not quitclaiming back and forth forever.

 

[stevedmatt]

Why hasn't anyone left negative feedback yet?

 

[chriskre]

Why hasn't anyone left negative feedback yet?

Could possibly be that by the time you get the deed the 90 days to leave feedback has passed. You may only be seeing the feedback for those buyers who actually bought and not from those who unknowingly bought.

 

[Brerrabbit]

Question about this

So does this mean someone can just deed a piece of property to you without you having to sign anything or even know it is happening?

I realize that it may be different depending on what state it is in. Probably a question for a real estate lawyer to answer.

 

[theo]

So does this mean someone can just deed a piece of property to you without you having to sign anything or even know it is happening?

I realize that it may be different depending on what state it is in. Probably a question for a real estate lawyer to answer.

See post #46 in this thread, where this has been addressed in some detail already.

The short version is that while a grantee ("buyer") signature on a deed is not required in all (actually, most) states, buyer ("grantee) knowledge and consent (i.e., "acceptance") is a fundamental legal requirement for a valid deed in any state.