DO not purchase a DIVI timeshare until you read this

[disapointedinDIVI]

BEWARE: DIVI does not have a rescind clause in their timeshare agreement and do not tell their customers. DIVI values the dollar more than the human life.

I’m very disappointed in the company and its values. Read below for more details.



We returned from our vacation in Aruba. Aruba is great, I would suggest this Aruba to anyone.



We did have one awful experience. During our tour of the High Rise area, we were approached by an agent of DIVI resorts. He asked us to attend a presentation of the DIVI resorts and after the presentation we will receive a gift.



We agreed to attend and the agent brought us to the offices. We viewed the presentation. The agent described the timeshare in detail and we asked a lot of questions. We had a concern that the DIVI resort was only a Caribbean company and could be difficult to deal with as we are from Canada. He noted that DIVI was an American company with headquarters in North Carolina. Because of this we decided that the offer looked interesting and we signed up.



When we returned home 3 days later, we received the awful news that my father (who lives in the Caribbean) is sick there is something wrong with his heart or brain. The doctors do not know what the cause is or how to treat it. His only option is to look elsewhere for treatment.



As we live in North America, America is the best choice. We realized that we did not have the money needed to pay for his treatment as well as the timeshare, and we will need to cancel the timeshare agreement.



We contacted DIVI aruba asking for a cancelation but was surprised to hear that they do not have a cancelation policy. We mentioned that as an American company they should have one by law. They then told us that they are only headquartered in America but abide by the laws of where the timeshare is.

We contacted DIVI corporate and DIVI Aruba pleading and begging our case, but they would not cancel the agreement. We even offered to provide any paperwork they would need to prove that our request was legitimate. They still said no.

The last we heard from DIVI was that their legal team will be contacting us, I'm not certain what that means, but we have not recieved any contact as yet.



It looks like DIVI values the dollar more than the human life. I’m very disappointed in the company and its values.



So this is a notice to anyone looking to buy a time share in Aruba or from DIVI. DIVI does not have a cancelation clause and they do not inform the customer of this in there paperwork or verbally.



Please be careful in your purchase of a timeshare from DIVI and if possible purchase from a legitamate American company.


Disapointed DIVI customer

 

[djs]

I do not know off hand if Aruba has or doesn't have recession rights (and I'm sure someone else will post with the actual answer). In the meantime I would call back and ask that they send you something in writing, preferably an e-mail with a pdf attachment on company letterhead stating that you are not entitled to a right of recession. My money says they will not send such a letter because I'd be surprised if a recession right does not exist in Aruba. This needs to be done ASAP as the clock is running and you may find your answer after it is too late.

 

[prickler]

Send in the recession paperwork via certified mail asap. I would also send a fax and call to confirm they received it. Don't wait for answers from Divi or it will be too late if it turns out the law is in your favor. Keep copies and records of everything.

I wish you the best of luck dealing with these scumbags.

 

[DeniseM]

I agree - rescind immediately - TODAY. Telling you there is no right to rescission is a common ploy that some companies use to stall buyers until it is too late.

Here is an article about rescinding - it was written for another resort, but everything else applies to you.

Also - Do NOT expect any help from the resort. Do NOT expect to hear from their Legal Team. Do NOT call them again - they are not your friends.

If you use a credit card, you should dispute the charge with your credit card company and close the Acct.

If you wrote a check, stop payment on it.

 

[2powder]

Run from DIVI

I visited Aruba in Aug 2013 and sat through a presentation at a DIVI Resort. I was made all types of promises. When I returned home and the sales process had been completed I quickly found out that I was lied to by the sales department. I immediately reached out to Divi's corporate office for assistance on to be told as others "Our legal department will be in contact with you." It has been going on for 3 months now and they continue to ignore my messages and calls. This company is a sham and is only interested in taking your money. They are not interested in providing customer service of any type. This is a completely unethical company.

 

[LannyPC]

I'm sorry to hear about your plight. This, however, is not a specifically Divi problem. It happens with sales teams in other companies (Westgate is the most notoriious for this). It was more than likely a problem with the sales staff. The sales staff are the ones who are notorious for lying.

Remember, the sales people lose their commission if you cancel so obviously they are going to tell you whatever they have to (even if it's false) to make and keep the sale.

The best advice I can give right now is:

1) Try to write to Divi's headquarters and explain your situation. Maybe they'll rescind the deal but they are not obliged to.

2) If they don't rescind your purchase, try to make the best use out of what you purchased. Like we say to a lot of people who come on these boards in situations like yours, you obviously saw something good in what you purchased otherwise you would not have shelled out thousands of dollars for it. Keep reading TUG and get advice from other members how to make best use out of what you have.

3) Watch out for the countless scams and scammers out there who thrive on TS owners in your situation. You'll probably get a flood of unwanted phone calls from these buzzards claiming they can sell/rent your TS for money beyond your wildest dreams, get you out of your contract, cancel your mrtgage, end your maintenance fess, etc. They will ask for an upfront fee and then do very little, if anything, to help you. These are usually scams If you get a phone call or see a Google-type ad from an outfit and then you have questions, you can come back here to TUG and ask before dealing with such companies.

 

[dioxide45]

I agree - rescind immediately - TODAY. Telling you there is no right to rescission is a common ploy that some companies use to stall buyers until it is too late.

Here is an article about rescinding - it was written for another resort, but everything else applies to you.

Also - Do NOT expect any help from the resort. Do NOT expect to hear from their Legal Team. Do NOT call them again - they are not your friends.

If you use a credit card, you should dispute the charge with your credit card company and close the Acct.

If you wrote a check, stop payment on it.

Send in the recession paperwork via certified mail asap. I would also send a fax and call to confirm they received it. Don't wait for answers from Divi or it will be too late if it turns out the law is in your favor. Keep copies and records of everything.

I wish you the best of luck dealing with these scumbags.

I think the problem here is that Aruba doesn't not have a rescission period. Meaning all sales are final. There have been a number of threads on Aruba rescission periods over the years on TUG, and there has yet to be a definitive answer as to how long the period is or if there is one at all. My guess, if it isn't in the contract, there is no law on the books in Aruba.

 

[pacodemountainside]

Noted OP was in 2010 and unfortunately did not come back to report out come.


As prior poster noted, there have been several discussions of this. If you have a couple hours you could try searching "Aruba" and see if an answer pops up.

ARDA does post a chart for all of USA states recession polices. A search of their site might turn up foreign countries polices. For example, Mexico is five days.

Or, could contact ARDA and ask them..

As far as many timeshare sales people being compulsive liars, IPSO FACTO, but they have
"Philadelphia Lawyers" to cover their derrières.

 

[Talent312]

2powder is reopening a thread from 2010.

When a seller is not willing to let you out of the contract and there is no law or contractual clause which says they must, their refusal to cancel the deal does not make them "unethical," merely hard-nosed. A corporation's ethical obligation is to act within the law in the interest of its shareholders, not you.

Only our own naiveté suggests that a seller ought to show us compassion when we make our own blunders. That speaks to the need for regulation, but not to expect corporate compassion. We don't buy cars at the sticker price simply becuz they're shiny and smell nice... only TS's it seems.
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