KAUAI BEACH VILLAS-ONE NIGHTMARE AFTER ANOTHER....!!!!

[schreff]

Shockingly, I see some good folks suggesting that KBV owners try to sell their KBV timeshares to get out from under the horrendous issues all present KBV owners are going through. Many of us would like to get out but don't feel that giving our wows to others is the answer. I also see many KBV properties advertised on TUG without up front discloser of the past, present and future negative issues. Do sellers or their agents have the legal responsibility to fully disclose the structural issues, present deplorable condition, special assessments, legal issues, and present owner mental anguish/pain? Is it fraudulent or just morally reprehensible to sell a KBV timeshare with these and other poison fruits hanging from the KBV trees?

 

[easyrider]

I think it's up to the buyer to do their own due diligence. It wouldn't be difficult.

Bill

 

[T_R_Oglodyte]

My parents, hard-schooled by their immigrant parents and by the Great Depression, always assumed that whenever someone they didn't know was trying to sell you something, it was more likely than not that they were withholding important information.

It's good advice. Imagine how much smaller the timeshare market would be if more people exercised that same skepticism these days.

 

[bnoble]

I don't think there is much in the way of required disclosures when selling a timeshare. I can say that I personally would not try to sell mine under the current circumstances.

 

[benoma88]

Do sellers or their agents have the legal responsibility to fully disclose the structural issues, present deplorable condition, special assessments, legal issues, and present owner mental anguish/pain? Is it fraudulent or just morally reprehensible to sell a KBV timeshare with these and other poison fruits hanging from the KBV trees?

In Hawaii, sellers of residential real estate are generally required to provide buyers with a written disclosure statement detailing all known material facts about the property's condition. This obligation is outlined in Hawaii Revised Statutes Chapter 508D. However, there are specific exemptions to this requirement, including the sale of time share interests. According to HRS Section 508D-3, sales of time share interests, as defined under Chapter 514E, are exempt from the mandatory seller disclosure.
Residential property sales in Hawaii require a seller's disclosure statement concerning the property's condition, time share sales are exempt from this specific requirement. Instead, time share developers must furnish a detailed disclosure statement covering various aspects of the property and the time share plan, including the condition of the property, buildings, and land.

 

[bianchicycle]

In Hawaii, sellers of residential real estate are generally required to provide buyers with a written disclosure statement detailing all known material facts about the property's condition. This obligation is outlined in Hawaii Revised Statutes Chapter 508D. However, there are specific exemptions to this requirement, including the sale of time share interests. According to HRS Section 508D-3, sales of time share interests, as defined under Chapter 514E, are exempt from the mandatory seller disclosure.
Residential property sales in Hawaii require a seller's disclosure statement concerning the property's condition, time share sales are exempt from this specific requirement. Instead, time share developers must furnish a detailed disclosure statement covering various aspects of the property and the time share plan, including the condition of the property, buildings, and land.

Are your buyers going to buy weeks without looking around the property? I doubt it! They will certainly dip their feet in the ocean and look at the beautiful view......
Then see Building G and H which are in shambles.

 

[CO skier]

Are your buyers going to buy weeks without looking around the property? I doubt it! They will certainly dip their feet in the ocean and look at the beautiful view......
Then see Building G and H which are in shambles.

Do you think any of these eBay buyers have ever set foot in Kauai Beach Villas to "look around"? I doubt it!

Kauai Beach Villas Timeshare for sale | eBay

Get the best deals for Kauai Beach Villas Timeshare at eBay.com. We have a great online selection at the lowest prices with Fast & Free shipping on many items!

www.ebay.com

What fully informed potential KBV buyer would pay even $1 to join the debacle?

 

[bianchicycle]

Do you think any of these eBay buyers have ever set foot in Kauai Beach Villas to "look around"? I doubt it!

Kauai Beach Villas Timeshare for sale | eBay

Get the best deals for Kauai Beach Villas Timeshare at eBay.com. We have a great online selection at the lowest prices with Fast & Free shipping on many items!

www.ebay.com

What fully informed potential KBV buyer would pay even $1 to join the debacle?

And what wholesaler doesn't know what is going on at KBV. Good lunch all.

 

[tango]

I would guess that what $1 buys you is a ding to your credit rating

 

[schreff]

In Hawaii, sellers of residential real estate are generally required to provide buyers with a written disclosure statement detailing all known material facts about the property's condition. This obligation is outlined in Hawaii Revised Statutes Chapter 508D. However, there are specific exemptions to this requirement, including the sale of time share interests. According to HRS Section 508D-3, sales of time share interests, as defined under Chapter 514E, are exempt from the mandatory seller disclosure.
Residential property sales in Hawaii require a seller's disclosure statement concerning the property's condition, time share sales are exempt from this specific requirement. Instead, time share developers must furnish a detailed disclosure statement covering various aspects of the property and the time share plan, including the condition of the property, buildings, and land.

I think it's up to the buyer to do their own due diligence. It wouldn't be difficult.

Bill

To easyrider:
Sorry but I respectfully disagree. Yes, buyer's should do their own due diligence but the burden for seller's to disclose all material information is also a legal must do. If not, and they sell a week that is listed just as paid maintenance fees but does not include knowledgeable present and future known special assessments is fraud. Timeshare fixed weeks are considered real property which even a title search would not reveal proposed and present special assessments.

To benoma88:
You hit a home run, thank you. I think it is a travesty that anyone who owns at KBV and is knowledgeable about the present situation would try to sell their timeshare without sharing the truth. Even if it isn't fraud which I believe it is, the lack of disclosure is surely immoral.

UPDATE: Looking at the listings and purchases on eBay and tug, KBV OWNERSHIP is not only a Nightmare for old time owners but also for new owners who THINK they bought a piece of paradise.

 

[easyrider]

To easyrider:
Sorry but I respectfully disagree. Yes, buyer's should do their own due diligence but the burden for seller's to disclose all material information is also a legal must do. If not, and they sell a week that is listed just as paid maintenance fees but does not include knowledgeable present and future known special assessments is fraud. Timeshare fixed weeks are considered real property which even a title search would not reveal proposed and present special assessments.

To benoma88:
You hit a home run, thank you. I think it is a travesty that anyone who owns at KBV and is knowledgeable about the present situation would try to sell their timeshare without sharing the truth. Even if it isn't fraud which I believe it is, the lack of disclosure is surely immoral.

UPDATE: Looking at the listings and purchases on eBay and tug, KBV OWNERSHIP is not only a Nightmare for old time owners but also for new owners who THINK they bought a piece of paradise.

Yes, we think differently on purchases. For me and I think most buyers, we would at least Google a timeshare listing to be diligent. If you googled KBV problems you would see plenty of reasons not to buy resale, including your reasons on this post.

Did you buy one of these unaware of the problems ?

Bill

 

[CO skier]

Did you buy one of these unaware of the problems ?

Looking at all the KBV resales on eBay, there are plenty of people who do not know there are problem, so they do not Google "KBV problems."

C'mon, who in their right mind would buy a KBV timeshare if they had any knowledge of the problems.

For once, I am with Schreff: TUG is complicit with the "less than forthcoming" advertising of KBV resales, because there has certainly been enough discussion in TUG about the costly death spiral at KBV for these "fraudulent" advertisements to be allowed in a timeshare group that knows better.

 

[Chucez]

Is this the Wyndham or Marriott property?

 

[tango]

Two seemingly contradictory ideas are both true. Buyers should do the proper research before buying anything. Sellers should responsibly divulge risks, and abstain from unethically preying on someone else’s ignorance. I think though that it is a can of worms if TUG were to involve itself in the vetting of the resales on its site; where would it end? Isn’t the whole timeshare industry somewhat tainted?

 

[easyrider]

Looking at all the KBV resales on eBay, there are plenty of people who do not know there are problem, so they do not Google "KBV problems."

C'mon, who in their right mind would buy a KBV timeshare if they had any knowledge of the problems.

For once, I am with Schreff: TUG is complicit with the "less than forthcoming" advertising of KBV resales, because there has certainly been enough discussion in TUG about the costly death spiral at KBV for these "fraudulent" advertisements to be allowed in a timeshare group that knows better.

I don't even stay at an unknown to me hotel or restaurant without a Google search of complaints. Maybe I'm just overly diligent, lol. It's just hard for me to imagine a person buying a resale timeshare without doing due diligence. I get why people buying from the developer buy without doing due diligence but a person buying a timeshare resale has plenty of time to research the purchase.

Interesting is Tug is the main Google source for KBV problems and yet some adds in the market place are less than forth coming and Tug is complicit is what is being said. I disagree. Tug is just the platform for the add. If something is wrong with the add that would be on the advertiser, imo.

Being that TUG is a trusted timeshare information site I do see your point but the adds are not TUG adds. They are private adds that are on the TUG platform. Same goes for eBay.

Bill

 

[DeniseM]

Is this the Wyndham or Marriott property?

It's Wyndham Kauai Beach Villas - I don't think Marriott would let a property fall into ruin and be condemned like this.

 

[schreff]

Yes, we think differently on purchases. For me and I think most buyers, we would at least Google a timeshare listing to be diligent. If you googled KBV problems you would see plenty of reasons not to buy resale, including your reasons on this post.

Did you buy one of these unaware of the problems ?

Bill

No, we own KBV for years and have seen the shenanigans throughout, Paradise Lost. I agree that there is no way TUG could or should monitor poster of ads.

Ron

 

[schreff]

It's Wyndham Kauai Beach Villas - I don't think Marriott would let a property fall into ruin and be condemned like this.

So true. I look at different sites who are advertising KBV with the once beautiful beach that is now GONE. Thank you again for your posting those pictures of your last visit there.

 

[CO skier]

No, we own KBV for years and have seen the shenanigans throughout, Paradise Lost. I agree that there is no way TUG could or should monitor poster of ads.

I also see many KBV properties advertised on TUG without up front discloser of the past, present and future negative issues. Do sellers or their agents have the legal responsibility to fully disclose the structural issues, present deplorable condition, special assessments, legal issues, and present owner mental anguish/pain? Is it fraudulent or just morally reprehensible to sell a KBV timeshare with these and other poison fruits hanging from the KBV trees?

Will the real Schreff please stand up?

 

[rmarywendy1]

Shockingly, I see some good folks suggesting that KBV owners try to sell their KBV timeshares to get out from under the horrendous issues all present KBV owners are going through. Many of us would like to get out but don't feel that giving our wows to others is the answer. I also see many KBV properties advertised on TUG without up front discloser of the past, present and future negative issues. Do sellers or their agents have the legal responsibility to fully disclose the structural issues, present deplorable condition, special assessments, legal issues, and present owner mental anguish/pain? Is it fraudulent or just morally reprehensible to sell a KBV timeshare with these and other poison fruits hanging from the KBV trees?

 

[rmarywendy1]

I believe you should disclose whatever you know about any timeshare you are attempting to sell including the maintanence fees and any assessments likely to be levied in the next year or so and then its up to the buyer to evaluate whether it is a good deal or not. Selling a timeshare or giving it away, you should be honest.

 

[davidvel]

Whether someone should Google KBV is meaningless.

Common law in most states including Hawaii, requires the disclosure of facts material to a contract that one side knows, or should reasonably suspect, the other side does not know. Failure to do so is fraud.

Anyone selling this junk should reasonably believe that anyone willing to take it does not know the material facts, so unless they disclose they are committing fraud.

 

[ecwinch]

It's Wyndham Kauai Beach Villas - I don't think Marriott would let a property fall into ruin and be condemned like this.

Agreed. They would drop the resort from their system like they did with the older Hilton Head properties.

As a owner, I doubt that would lead to a better outcome for owners who have invested in KBV.

 

[schreff]

With the latest court decision removing deep pocketed Wyndham from the AOAO legal action along with the newly acquired ability of our BOD to incorporate as a non profit which will protect them against legal action, it is highly probable that more timeshare weeks will be sold. This happens when power moves away from the owners leaving them vulnerable to actions by the BOD and management. If more weeks are sold without full disclosure and/or if delinquency rates increase, the financial burden on the remaining owners wil increase too. No much fun thinking about vacationing in beautiful Hawaii anymore.

 

[bnoble]

That's nonsense. Wyndham's goal is clearly to wind this property down, and do it sooner rather than later. Both of these moves serve that goal, in that they limit the damages available to the whole owners. That will hopefully have the effect of bringing their suit to a more timely end. From where I sit, the lawsuit was already a longshot, and now that the upside is significantly lower, the whole owners may decide to stop throwing good money after bad.

This all seems to be in my best interests as an owner. This resort is a dead man walking thanks to the significant defects during original construction. There is no saving it, and the termination process is being held up by the lawsuit. The faster that can be dispensed with, the better.

I don't think Wyndham is doing this because they care about me. But, in this instance, it appears that our incentives are aligned. They want out, and so do I.