My mum got sucked into a timeshare that was poorly translated

[ScoopKona]

That is why there is a moral responsibility to do whatever it takes to make scammy unethical behavior like this to be a bad investment for them. F around < finding out. F around should never be worth finding out. And there should be some interest and extra fees added to the finding out too of course.

And are you going to spend the money, probably bankrupting yourself, to teach these people a lesson?

I make all financial decisions without any emotion at all. What is the least-expensive way to solve whatever problem I'm trying to solve. I am not interested in losing the war while holding the moral high ground. A loss is still a loss.

 

[abcdefg]

And are you going to spend the money, probably bankrupting yourself, to teach these people a lesson?

I make all financial decisions without any emotion at all. What is the least-expensive way to solve whatever problem I'm trying to solve. I am not interested in losing the war while holding the moral high ground. A loss is still a loss.

It's not a out money. It's about making bad people pay. That is a win. I want the employees to feel like *bleep* for working for such a corrupt place. I want their families , and neighbors to judge them and look down on them. I want the salespeople to lose licenses , their jobs, their spouses and their homes. Being logical is nice sometimes I guess but as a logical person who would you fear the most playing a game of chicken with someone else logical or some impulsive, angry and acting on pure emotion?

 

[ScoopKona]

It's not a out money. It's about making bad people pay. That is a win. I want the employees to feel like *bleep* for working for such a corrupt place. I want their families , and neighbors to judge them and look down on them. I want the salespeople to lose licenses , their jobs, their spouses and their homes. Being logical is nice sometimes I guess but as a logical person who would you fear the most playing a game of chicken with someone else logical or some impulsive, angry and acting on pure emotion?

None of that is going to happen. Just like cruise ships aren't going to stop dumping their waste offshore -- nobody cares to regulate them. Now what's the plan?

Remember the prayer that goes "change the things I can, accept the things I can't, and the wisdom to know the difference?" That's what applies here.

 

[Mongoose]

That is why there is a moral responsibility to do whatever it takes to make scammy unethical behavior like this to be a bad investment for them. F around < finding out. F around should never be worth finding out. And there should be some interest and extra fees added to the finding out too of course.

Your best bet is to hire an attorney for an hour to right a letter stating that hat they ill took advantage of someone with a mental defect and had her sign a contract in a language she could not read. Ask them to cancel the contract based on that to avoid further action.

 

[abcdefg]

Your best bet is to hire an attorney for an hour to right a letter stating that hat they ill took advantage of someone with a mental defect and had her sign a contract in a language she could not read. Ask them to cancel the contract based on that to avoid further action.

I am not the OP. I don't like these "people" and this is a moral responsibility,

 

[ScoopKona]

I am not the OP. I don't like these "people" and this is a moral responsibility,

Then you do it. I'm not going to be cavalier with other people's money. I just want this problem to go away for as little as possible and as easily as possible.

 

[abcdefg]

Then you do it. I'm not going to be cavalier with other people's money. I just want this problem to go away for as little as possible and as easily as possible.

And telling them they are too big and powerful to do anything and that you are not going to even fight is going to make the problem go away? As you said they are doing calculations and they probably monitor these forums.

 

[ScoopKona]

And telling them they are too big and powerful to do anything and that you are not going to even fight is going to make the problem go away? As you said they are doing calculations and they probably monitor these forums.

I think it would also be a dandy idea if human beings disbanded their armies, melted their weapons down into plowshears, and used the resources to fix societal issues.

But I'm still going to choose to live in reality and accept that saying "give peace a chance" isn't going to end war.

Should there be changes to the way timeshares are sold? Abso-freakin-lutely! Is it going to happen? In Florida? No.

 

[Lobotomize me Captain]

Your Mum and C are not domestic partners? Do they live together? The qualifications are husband and wife or domestic partners. The contract should be invalid. Clearly took advantage of both.

They don't live together no. They aren't a couple. C is married, my mum lives on her own.

 

[Lobotomize me Captain]

That doesn’t matter. Was the contract written in a language she is literate in?

She is not literate with the English language, no. As in, can't speak or read it at all.

 

[ScoopKona]

She is not literate with the English language, no. As in, can't speak or read it at all.

It is unlikely the language barrier is going to matter. It's easier for her to buy a timeshare than it is to go to the Chevy dealership and purchase a new Corvette (to use the same example from earlier). The Chevy dealership is more regulated than the timeshare industry. The Chevy dealership also has more to lose if someone stops paying.

It is unlikely anyone in government will void the contract. The state has no interest in doing so. Florida DBPR only suspends real estate licenses for the most egregious violations. (It's really rare. And it's easier for the scofflaw to get their license reinstated than is to suspend them in the first place.) The contract has language in place nothing which happens during the sales presentation matters. And that legal challenges will be heard in whatever county the timeshare company chooses. They have set things up so that it is almost impossible for them to lose.

The government attitude is going to be: "Mom went to a timeshare presentation. Signed a contract. Gave them funds. Obviously, she thought she was buying a timeshare. She had seven business days to rescind and chose not to. She didn't bring any advisors with her. That's her notarized signature on a legal contract."

If there was a way to fix this easily and painlessly, everyone would employ it. Hardly a week goes by without someone posting "this contract should be void because [fill-in-the-blank] reason."

I have yet to read a "I did it! And here's how I got my contract voided" message. If you're successful, I hope to read how you did it so that many, many, many others can use your strategy.

 

[abcdefg]

It is unlikely the language barrier is going to matter. It's easier for her to buy a timeshare than it is to go to the Chevy dealership and purchase a new Corvette (to use the same example from earlier). The Chevy dealership is more regulated than the timeshare industry. The Chevy dealership also has more to lose if someone stops paying.

It is unlikely anyone in government will void the contract. The state has no interest in doing so. Florida DBPR only suspends real estate licenses for the most egregious violations. (It's really rare. And it's easier for the scofflaw to get their license reinstated than is to suspend them in the first place.) The contract has language in place nothing which happens during the sales presentation matters. And that legal challenges will be heard in whatever county the timeshare company chooses. They have set things up so that it is almost impossible for them to lose.

The government attitude is going to be: "Mom went to a timeshare presentation. Signed a contract. Gave them funds. Obviously, she thought she was buying a timeshare. She had seven business days to rescind and chose not to. She didn't bring any advisors with her. That's her notarized signature on a legal contract."

If there was a way to fix this easily and painlessly, everyone would employ it. Hardly a week goes by without someone posting "this contract should be void because [fill-in-the-blank] reason."

I have yet to read a "I did it! And here's how I got my contract voided" message. If you're successful, I hope to read how you did it so that many, many, many others can use your strategy.

Usually there is a settlement and no record.

 

[Lobotomize me Captain]

It is unlikely the language barrier is going to matter. It's easier for her to buy a timeshare than it is to go to the Chevy dealership and purchase a new Corvette (to use the same example from earlier). The Chevy dealership is more regulated than the timeshare industry. The Chevy dealership also has more to lose if someone stops paying.

It is unlikely anyone in government will void the contract. The state has no interest in doing so. Florida DBPR only suspends real estate licenses for the most egregious violations. (It's really rare. And it's easier for the scofflaw to get their license reinstated than is to suspend them in the first place.) The contract has language in place nothing which happens during the sales presentation matters. And that legal challenges will be heard in whatever county the timeshare company chooses. They have set things up so that it is almost impossible for them to lose.

The government attitude is going to be: "Mom went to a timeshare presentation. Signed a contract. Gave them funds. Obviously, she thought she was buying a timeshare. She had seven business days to rescind and chose not to. She didn't bring any advisors with her. That's her notarized signature on a legal contract."

If there was a way to fix this easily and painlessly, everyone would employ it. Hardly a week goes by without someone posting "this contract should be void because [fill-in-the-blank] reason."

I have yet to read a "I did it! And here's how I got my contract voided" message. If you're successful, I hope to read how you did it so that many, many, many others can use your strategy.

And that's what I'm going for. I've been faced with similar circumstances where it's been extremely tricky or difficult to get people to court, but after everyone else has failed I managed to make it happen.

This case is obviously more tricky. Simply because Florida is corrupt doesn't mean that everyone in it is corrupt. If the actions of one salesmen runs the risk of hurting a company, then most companies will singularly hold the salesmen responsible.

I won't deny that timeshares have a lot of airtight means of sealing their contracts into place, but there's always something they miss, and so far I've found a few, so I'm gonna take those and keep at it. If the lawyer does notice that someone in that room did do something illegal, then is it on club Exploria? Or is it on those in the room? If the state of FL wants nothing to do with it, then I'll find others.

If it costs me my time and money, I don't care. Regardless, I'm sure club Exploria would want to get rid of their employee and the responsibility they placed on them.

For that reason I'm not gonna give up. Just because Florida is a corrupt state doesn't mean that I should throw my hands up and call it.

This isn't the place for me to go on and on about what I've managed to accomplish in tight spots, but this is unfortunately no different.

Thanks.

 

[StaceyM]

The contract was signed alongside with her friend, so both of their names are in the contract.
Exloria has asked my mom for her credit information and she's not provided any.

This is your answer right here. There's no way the can report it to a creditor if they don't have her Social and she never applied for credit. Make COMPLETELY sure that NO ONE gives the her social and do not sign ANYTHING else (even to theoretically "remove" her from something). And walk away.

The only thing they can do is take her to court to try to make her pay the $14000 contract value, but then all the legal issues, misrepresentation, etc would be brought up.... so that would never happen.

 

[Lobotomize me Captain]

This is your answer right here. There's no way the can report it to a creditor if they don't have her Social and she never applied for credit. Make COMPLETELY sure that NO ONE gives the her social and do not sign ANYTHING else (even to theoretically "remove" her from something). And walk away.

The only thing they can do is take her to court to try to make her pay the $14000 contract value, but then all the legal issues, misrepresentation, etc would be brought up.... so that would never happen.

They have he social, but she never applied for credit. They keep hounding her though which is funny to watch. The salesperson is extremely desperate in trying to get her to do this.

Edit to add: I've read the contract multiple times and it doesn't state that by signing she acknowledges that she's signing up for their credit.

 

[StaceyM]

Your best bet is to hire an attorney for an hour to right a letter stating that hat they ill took advantage of someone with a mental defect and had her sign a contract in a language she could not read. Ask them to cancel the contract based on that to avoid further action.

But also, I would consider doing this to be safe. There may be a legal clinic at a local law school who will write it for free. Or the local bar association should have a list of attorneys who have to do pro-bono service.

It sounds to me like the contract did hit a compliance snag within Exploria's system and the contract will be void until she applies for credit? If so this is just a waiting game for the salesperson to give up.

 

[abcdefg]

This is your answer right here. There's no way the can report it to a creditor if they don't have her Social and she never applied for credit. Make COMPLETELY sure that NO ONE gives the her social and do not sign ANYTHING else (even to theoretically "remove" her from something). And walk away.

The only thing they can do is take her to court to try to make her pay the $14000 contract value, but then all the legal issues, misrepresentation, etc would be brought up.... so that would never happen.

This. If they don't have her credit information than there is jack *bleep* they can do. And they know she does not have any money worth suing for. The last thing they want is for something to actually go to court because even if slim there is a chance things can come up in discovery and that is not worth it especially when she has no money.

 

[StaceyM]

One more thing... look up online how to freeze her credit for all three agencies. Also freeze C's credit. That will stop them from running a credit check or her accidentally getting credit from a scammer in the future.

If she knowingly wants credit, you can unfreeze the reports.

 

[Lobotomize me Captain]

But also, I would consider doing this to be safe. There may be a legal clinic at a local law school who will write it for free. Or the local bar association should have a list of attorneys who have to do pro-bono service.

It sounds to me like the contract did hit a compliance snag within Exploria's system and the contract will be void until she applies for credit? If so this is just a waiting game for the salesperson to give up.

Thank you, I'll look into that as well!

 

[abcdefg]

Worst case scenario if no one takes the case if you want to self represent than I will pay for travel and to file the suit if they want to waste money on a lawyer and putting one of their salespeople under the stress of perjuring themselves for someone who has no money and is just going to default.

 

[abcdefg]

I am not for sure if members become HOA members before or after the reciscion period but all members in HOAs in Florida have a right to access a members list. Their one big weakness is that their sales rely on the buyers not being informed and failing to realize before the period is over. No one would keep it when they bought from them when they realize they could get one for free from a secondary market. If you could get to and inform people of these basic facts not only could you help others but eventually they are going to tire of you having access and let you rescind. The key is to finding away to get to buyers before the 10 day period. I could write a script that checks the list for new members each day if this does work. You can always ding them a few whenever you visit but to really really increase the find out side of the equation we need a way to get to nee buyers fast in mass.

 

[abcdefg]

.

 

[Lobotomize me Captain]

They know how many qualified buyers will be enticed by the lure of a free "gift."

But she didn't even qualify, at least I wouldn't think so. 45k annually? That's way beyond below the poverty line. What loan would take someone who makes less than 50k a year?

 

[rapmarks]

But she didn't even qualify, at least I wouldn't think so. 45k annually? That's way beyond below the poverty line. What loan would take someone who makes less than 50k a year?

The poverty line is below $14000 for a single person. How does a mentally incompetent person make $45000 a year?

 

[Snazzylass]

They have he social, but she never applied for credit. They keep hounding her though which is funny to watch. The salesperson is extremely desperate in trying to get her to do this.

Edit to add: I've read the contract multiple times and it doesn't state that by signing she acknowledges that she's signing up for their credit.

"They have he social, but she never applied for credit. They keep hounding her though which is funny to watch. The salesperson is extremely desperate in trying to get her to do this."

What are you saying?
You have the whole income thing backwards. I believe her friend was invited to the presentation? By accepting the invitation and free gift, one or both of them likely signed something stating they make the minimum income required. Therefore, they would have committed fraud. Yes, your mom and/or her friend. If you pursue this, the T/S attorneys will point this out to the FL AG. The consumer misrepresented their circumstances. Good chance this will be the outcome.

You can talk all day long about Real Estate laws, the AG, etc., but good luck. Timeshare organizations have plenty of attorneys and you will get no where. The salesperson was likely correct that it was easy to cancel, but they only 5 days or so to do it.

Just drop it. Stop paying. And, next time, if the contract is not in Spanish, your mom should not sign it. It's the ol' Just say NO.

There's no point in getting mad. Learn from this experience.