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Marriott Horizons - Can I walk from a Contract ?

lejo2008

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In May of this year we signed a contract direct with Marriott Vacation Club Int. (Didn't know about TUG at the time) for the Marriott Horizons of Orlando.

We paid $2000 as a down payment. What we purchased is based on a FUTURE INVENTORY that was to be built in January/Feb 2009. So our FINAL Payment (we will being using the Marriott Visa Card ) will be due when the new Inventory or (Building) will be completed.

We have not paid Maintenance of any kind yet.
We have not reserved of any kind (since we don't officially own anything)

Question:
1) Can we walk away ..and take the $2000. loss ? and be done ?
2) What is the worst that could happen here if we refuse to pay the final payment ? Since we do not have ownership or a deed.
3) I am not sure of the Status of the NEW Building at the Horizons. I would have to assume that it would be delayed in this market? Would that be a pretense to walk and break the contract ?

I would love to hear about possible options here!

Thank You.


============================================================
UPDATE
After reading some of the feedback here ..... I spoke to the Horizons Supervisor in Orlando.

I was PLEASANTLY SURPRISED ..... I can Walk away from this !...the loss would be my "deposit" of $2000.

QUESTION:

Should I take the lose on this ? Knowing that I can buy in (in the resale Market) in the near future at a much LOWER Cost ?!
From what I am reading...there is much inventory available, and the loss of $2000. (although is painful) I would end up a head of the game if I purchased the available resale market)


GREAT WEB SITE ...Thanks Everyone !!

==============================================
UPDATE II

Thank you for everyone's ideas.....

Here's additional info that we discovered so you can call this "subject to fraud or other wrongdoing"

My Wife and I are professionals and are very detailed oriented. We make sure there is no stone unturned.

We specifically asked the differences between Gold and Platinum and what weeks were available to us for Splits/lockoffs at the Horizons. We specifically asked about Thanksgiving Week. We were assured
that we had ALL weeks of the year except Christmas. We were told that this package contained "Gold & Platinum" As long as we stayed at our Home Base and made our reservation early enough that
our "Horizons" home would not be an issue. We liked that idea since we needed flexibility and we liked the future idea as our son got older. Our "Vacation Ownership- Guide" actually has the words written by the sales guy and drawn in and with an arrow that points to all of the weeks. We both thought that it sounded wonderful and that they were expanding the Horizons (Future Status) to accommodate this special category.

Now I found out that it was misrepresented to us ..That Platinum is defined as January1-April 26/May 28th-Aug 23rd/Dec17th-Dec20th. Thanksgiving is not included and that we would have to use Interval ($99+) and go on the waiting list like the others. The only priority is that Platinum "might" have greater priority than a Gold???


PS - For Informational Purposes the Horizons Supervisor just made an offer to switch us to a "Every-Other-Year" deal ..for less cost and still utilizing the $2000. Deposit. (Gee...that was NEVER mentioned in May) We asked about all of our options....It was very clear....Gold /Plat/Plat+ EVERY YEAR were the ONLY OPTIONS.
 
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Dave M

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Welcome to TUG! :)

You'll find a wealth of info here to help you enjoy your timeshare.

Take a look at your contract. I think you'll see that you signed a legally binding contract. That means that Marriott can come after you for the rest of the payment, which presumably would include any legal costs to collect from you. And with attorney fees being what they are, that could get very, very expensive. That would also adversely affect your credit score and make it more difficult to get new credit cards, a mortgage loan or other credit in the future.

Your best bet is to contact Marriott and ask to be released from the contract. Don't take a simple "no" for an answer. Ask to speak to a supervisor. You might have success. You might not. But it's worth a try.

Unless the contract has unlikely wording that states that timing of completion of the new building was essential to the contract terms, any delay in completion would almost certainly not give you just cause to walk.

Whatever you do, please do not walk away from the contract without consulting with an attorney who reviews your contract before giving you an opinion.
 

Lawlar

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See A Good Lawyer

There is no simple answer. Someone needs to read your ageement and review all of the facts with you.

Normally, you have seven days to rescind without cause. That time probably runs from the day you signed the contract but check the language to make sure.

The salespeople may have misrepresented facts to you during the sales process. That can be grounds for rescinding the contract after the seven day period runs.

You may have other options as well, and that can vary from state to state (and depending on the language in your contract).

I also think it is a good idea to file a complaint with the Better Business Bureau and your state's attorney general if you believe you were subject to fraud or other wrongdoing.

Good luck.
 

Dave M

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The salespeople may have misrepresented facts to you during the sales process. That can be grounds for rescinding the contract after the seven day period runs.
That might be a difficult position to prove. Not only would it be the buyer's word against Marriott's, but all of Marriott's U.S. contracts contain language providing that the buyer, in entering into the contract, agrees that he/she has not relied on any verbal statements and has relied only on the written materials provided.
 

Lawlar

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Nice language but not legally binding

That might be a difficult position to prove. Not only would it be the buyer's word against Marriott's, but all of Marriott's U.S. contracts contain language providing that the buyer, in entering into the contract, agrees that he/she has not relied on any verbal statements and has relied only on the written materials provided.
I wrote contracts with similar exculpatory language for some of my crooked clients when I was practicing law. Judges are not impressed with or bound by language that is used as a way to defraud consumers.

[I'm not calling Marriott a crook - but there are ample examples on TUG threads of their salespeople telling lies - and I can attest to that myself.]
 

Dave M

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Normally, you have seven days to rescind without cause.
For those who might read this thread, that's not accurate for a majority of states that have timeshare cancellation laws. And it's not accurate for Florida (10 days), assuming that's where the OP was when he signed the contract. See this thread for some help with what the cancellation periods are for the majority of states.
 

Charlie D.

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Lawlar, I think you’re giving this guy some pretty false hope. I can hear it now “but your honor they told me I was going to get a pot of gold at the end of the rainbow every year and I thought that was what I was signing for.” Your honor says “Didn’t you read the contract before you signed it – case dismissed”. I concur that if he can prove fraud that would probably help his case but unless there was a tape recorder going at the time and if the salesman didn’t give him anything in writing it would turn out to be a verbal he said- she said and that is a long way from proving fraud.

Charlie D.
 

Lawlar

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Not So IMO

Lawlar, I think you’re giving this guy some pretty false hope. I can hear it now “but your honor they told me I was going to get a pot of gold at the end of the rainbow every year and I thought that was what I was signing for.” Your honor says “Didn’t you read the contract before you signed it – case dismissed”. I concur that if he can prove fraud that would probably help his case but unless there was a tape recorder going at the time and if the salesman didn’t give him anything in writing it would turn out to be a verbal he said- she said and that is a long way from proving fraud.

Charlie D.
Not so. In my lawyering days I would have been really disappointed with myself if I couldn't have gotten relief for someone who was lied to by a timeshare saleperson.

There is an old rule of contract law called the "parole evidence rule" that says that only the express terms on the written contract control. That is a concept that now has so many exceptions to it that it is almost meaningless. If someone takes the stand and testifies that the salesperson lied to him then that is sufficient evidence to allow a judge or jury to award for the consumer regardles of what the contract says. The evidence doesn't have to be on tape.

Who do you think the jury is going to believe: the naive couple who bought the timeshare or the salesperson? I'd bet on the consumers.
 

Dave M

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Yes, if a buyer wants to incur the incredible cost (probably more than the total purchase price of the timeshare) for legal representation, there is some chance that the buyer might prevail in the jury trial you mention - with some timeshare developers. Not likely with Marriott.

However, I agree with Charlie that the language you used in your original response was misleading and could have easily led the OP in the wrong direction. Since you are an attorney, I'm amazed and disappointed that neither your original post nor your subsequent posts included the obvious best approach: Consult with an attorney.
 

lejo2008

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Marriott Orlando Horizons - I can Walk-Away Thoughts Everyone ?

{{ edited by Moderator: the following was merged from a thread posted the next day}}

In May of this year (2008) we signed a contract direct with Marriott Vacation Club Int. (Didn't know about TUG at the time) for the Marriott Horizons of Orlando.

We paid $2000 as a down payment.

I just got off the phone with the Horizons Supervisor in Orlando.

I was PLEASANTLY SURPRISED ..... I can Walk away from this !...the loss would be my "deposit" of $2000.

QUESTION:

Should I take the lose on this ? Knowing that I can buy in (in the resale Market) in the near future at a much LOWER Cost ?!

From what I am reading...there is much inventory available, and the loss of $2000. (although is painful) I would end up a head of the game if I purchased the available resale market in the future)

Thoughts Everyone ?

Thank You - and GREAT WEB Site

==============================================
 
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Bill4728

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If they will let you out of this without hurting your credit rating, I'd walk away. You'll save close to $10,000 or more buying resale. Much more than making up for the loss of the $2000 deposit.

As any example: a gold season TS at Newport Coast in California cost $29,000 from the developer, the exact same TS bought resale can be purchased for about $8500 ( seen them for $7900- $8500). That is a savings of more than $20,000!!

The only thing is to make sure that marriott will not be reporting this as a bad mark on your credit.



PS LeJo 2008 :: I merged your last post with your thread from yesterday since it all one subject.
 
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Stefa

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Take the $2000 loss and be glad Marriott was so generous.

Resale is the way to go. Not only do you save thousands, but you can find out if timesharing is really for you without risking a $10k+ loss if you find out that owning a ts doesn't fit your lifestyle.
 

Lawlar

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An attorney is the appropriate person

Yes, if a buyer wants to incur the incredible cost (probably more than the total purchase price of the timeshare) for legal representation, there is some chance that the buyer might prevail in the jury trial you mention - with some timeshare developers. Not likely with Marriott.

However, I agree with Charlie that the language you used in your original response was misleading and could have easily led the OP in the wrong direction. Since you are an attorney, I'm amazed and disappointed that neither your original post nor your subsequent posts included the obvious best approach: Consult with an attorney.
Yes, I meant in my first post that the OP should consult with an attorney - that is what I meant when I said: "Someone needs to read your ageement and review all of the facts with you."

There are many ways an attorney can help an OP that was subjected to fraud - if that occurred - without incurring thousands of dollars in fees.

The timeshare industry would be greatly improved - to the benefit of all of us - if Marriott and other developers would police their salesforce and end the hard sales tactics and fraudulent conduct. No one should defend them when they allow improper conduct that gives timeshares a sleazy reputation.
 

James1975NY

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In May of this year we signed a contract direct with Marriott Vacation Club Int. (Didn't know about TUG at the time) for the Marriott Horizons of Orlando.

We paid $2000 as a down payment. What we purchased is based on a FUTURE INVENTORY that was to be built in January/Feb 2009. So our FINAL Payment (we will being using the Marriott Visa Card ) will be due when the new Inventory or (Building) will be completed.

We have not paid Maintenance of any kind yet.
We have not reserved of any kind (since we don't officially own anything)

Question:
1) Can we walk away ..and take the $2000. loss ? and be done ?
2) What is the worst that could happen here if we refuse to pay the final payment ? Since we do not have ownership or a deed.
3) I am not sure of the Status of the NEW Building at the Horizons. I would have to assume that it would be delayed in this market? Would that be a pretense to walk and break the contract ?

I would love to hear about possible options here!

Thank You.


============================================================
UPDATE
After reading some of the feedback here ..... I spoke to the Horizons Supervisor in Orlando.

I was PLEASANTLY SURPRISED ..... I can Walk away from this !...the loss would be my "deposit" of $2000.

QUESTION:

Should I take the lose on this ? Knowing that I can buy in (in the resale Market) in the near future at a much LOWER Cost ?!
From what I am reading...there is much inventory available, and the loss of $2000. (although is painful) I would end up a head of the game if I purchased the available resale market)


GREAT WEB SITE ...Thanks Everyone !!

==============================================

Sounds like you may have answered the question on your own...?
 

Bill4728

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We paid $2000 as a down payment. What we purchased is based on a FUTURE INVENTORY that was to be built in January/Feb 2009. So our FINAL Payment (we will being using the Marriott Visa Card ) will be due when the new Inventory or (Building) will be completed.

We have not paid Maintenance of any kind yet.
We have not reserved of any kind (since we don't officially own anything)

Question:
1) Can we walk away ..and take the $2000. loss ? and be done ?
2) What is the worst that could happen here if we refuse to pay the final payment ? Since we do not have ownership or a deed.
3) I am not sure of the Status of the NEW Building at the Horizons. I would have to assume that it would be delayed in this market? Would that be a pretense to walk and break the contract ?
After re reading this, you should talk to an attorney before walking away with your $2000 loss. Marriott may have broken the contract and you maybe able to get a full refund of your deposit. But only an attorney will be able to tell you.

BUT even with the $2000 loss, you're better off getting out now.

Good Luck
 

billymach4

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Don't Walk......

RUN AS FAST AS YOU CAN!!!!

:deadhorse: :deadhorse:


{{ edited by Moderator: the following was merged from a thread posted the next day}}

In May of this year (2008) we signed a contract direct with Marriott Vacation Club Int. (Didn't know about TUG at the time) for the Marriott Horizons of Orlando.

We paid $2000 as a down payment.

I just got off the phone with the Horizons Supervisor in Orlando.

I was PLEASANTLY SURPRISED ..... I can Walk away from this !...the loss would be my "deposit" of $2000.

QUESTION:

Should I take the lose on this ? Knowing that I can buy in (in the resale Market) in the near future at a much LOWER Cost ?!

From what I am reading...there is much inventory available, and the loss of $2000. (although is painful) I would end up a head of the game if I purchased the available resale market in the future)

Thoughts Everyone ?

Thank You - and GREAT WEB Site

==============================================
 

Lawlar

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Cut Your Losses

{{ edited by Moderator: the following was merged from a thread posted the next day}}


I just got off the phone with the Horizons Supervisor in Orlando.

I was PLEASANTLY SURPRISED ..... I can Walk away from this !...the loss would be my "deposit" of $2000.

QUESTION:

Should I take the lose on this ? Knowing that I can buy in (in the resale Market) in the near future at a much LOWER Cost ?!


Thoughts Everyone ?

Thank You - and GREAT WEB Site

==============================================
Yes, take your loss and learn from the experience. But don't be in any hurry to buy a Marriott Timeshare. The maintenance fees are often higher than what you can pay to rent a nice hotel or timeshare.
 
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