You all keep banging this drum, but I am with Dean on this one.
I have purchased two timeshares with Marriott. In both of them (Florida and Virginia) I had to specifically sign a document that stated:
1. I understand that timeshares are NOT an investment, and my purchase should not be based on any perceived investment value.
2. I understand that I have NO right to exchange, trade for points, lock off, or do anything EXCEPT occupy my full week during one week during the season that I purchased. My purchase should not be based on any expectation of any of this continuing.
3. I understand that anything that was promised to me that is not in this written contract is null and void. During my second purchase I had to get the salesman to hand write in a promise made to me that was not in the document and get initialed by both of us. My purchase should not be based on anything that is not written.
To claim after the fact that you did not understand this is not believable to me. Kind of like the people who make 2,000 a month and sign up for a 5,000 a month mortgage payment. No one forced you to make the deal, in fact the State Attorney General has done his best to make you turn down the deal and even provided you a recission period if you are stupid enough to sign the deal.
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I have never purchased a retail week from anyone (thank goodness). I have a college degree and have taken plenty of business courses. In spite of that when I was younger and very naive I almost purchased a timeshare retail based on what the salesperson told me (not Marriott), and if I had it would (as I know now) never have done half the things the salesmen told me it would do. I dodged the bullet because of the financing costs and buyer's remorse when it was time to sign, not because the contract spelled out what I was actually buying in a clear and easy to understand manner. I could just as easily have saddled myself with a decade of payments for a timeshare in Orlando that would not have been good for me in any form or fashion. The salesman of course told me that all the legal stuff was just what all contracts contained, but the program worked exactly like it was explained to me.
People are sold timeshares believing that they are getting what they are told in the sales process. People assume that the sales people couldn't say it if it wasn't true, especially sales people who work for a reputable company like Marriott. You fault the people who believe the lies, not those telling them, which is hard to believe.
You are correct that the disclaimers are there and make it harder to sue them since it is your word against theirs as to what you were told in the presentation. If Marriott really explained that what they were promising was a pipe dream, if during the sale they explained the reality that only a week in season is guaranteed, no exchanges, no other resorts, and no prime weeks are ever actually guaranteed, they would rarely sell one. They sell lies and promises that are possible to deliver, but doubtful in reality. They sell lies while closing the sale with a legal contract that absolves them of all the lies they promulgated to sell their product. It is kind of like being in the Mafia, killing people as part of the business, and then by going to confession all the bad things you did go away allowing you to do them over and over again but still be able to justify your actions.
It is as I said earlier, blaming the victim for being trusting while accomodating the crook for doing immoral and illegal actions is plain wrong. The contact disclosure does not absolve them from lying to make sales. It is called fraud and misrepresentation and many timeshares have been sued for doing those things.
Festiva paid about $340,000 to the Missouri attorney general for making sales in a false and misleading manner.
http://www.legalnewsline.com/news/213804-time-share-company-agrees-to-pay-339000-settlement
Excerpt:
"The company was also accused of rushing consumers into sales by creating a high-pressure sales environment.
Under the agreement, Festiva agreed to stop using false and misleading sales pitches to market and sell its time shares. "
Bluegreen sued for same
http://www.attorneygeneral.gov/press.aspx?id=3999
Exceprt:According to the lawsuit, numerous deceptive statements were made to consumers during these presentations in an effort to get them to sign contracts immediately, including phony claims that prices would increase the next day, misrepresentations about when and where consumers could travel if they made a purchase and false statements about certain fees being waived.
Corbett said that some consumers bought vacation programs because they were told they were entitled to a one-week stay in Hawaii, only to learn afterward that the program they purchased could not be used in Hawaii."
Lawsuit against trendwest:
http://whatswrongwithwyndham.com/Uploaded/California vs Trendwest - Consent Decree.pdf
Excerpts:
"M. Materially misrepresenting the location of resorts or availability of
services.
N. Materially misrepresenting the value of vacation credits needed to
stay at a particular resort at a particular time or materially misrepresenting the
quantity of vacation credits sufficient to obtain any other benefit or service.
O. Materially misrepresenting the ability or ease with which an owner
may check the availability of a property or service, or make a reservation or
exchange vacation credits.:
It is not the way moral people or reputable businesses act or feel IMO, and yes it is still illegal to misrepresent facts to make the sale even if you have a contract with disclaimers. Fraud and misrepresentation liability does not go away because you have clauses stating that even if the company used fraudulent statements to sell their product, that they don't have to honor the sales pitches which aren't in writing. If the attorney generals in more states would send undercover agents to these presentations they could and would sue Marriott and many other companies IMO possibly stopping these deceitful sales practices. Hopefully they will sue more in the near future.