No Refund After Bluegree ROFR From Online Seller

[Ecelso]

Back in March, I won an ebay bid for a 20k points bluegreen TS. After winning the bid, I started working with "A Family On Vacation" to purchase the TS and transfer the deed. After a more than 5 months of waiting, bluegreens decided to exercise ROFR. Since at this point my purchase contract was nullified, I asked AFOV to refund my investment, however, AFOV is no longer responding to my emails or calls. When I call the owner, my call goes directly to voice mail. Now, I paid close to $4k for the winning bid, the 2021 points, and fees... And now I feel like I am going to lose my investment. So I am not sure what my next steps need to be to recover my money... it feels like I just got robbed. Any advise will be welcomed.

 

[dioxide45]

You need to call them multiple times a day and leave a message every time. Email every address you have for them. If you have their snail mail address, send letters. It looks like they are located in Florida so also contact the State Attorney General in Florida. They don't like them nosing into their business.

 

[TheTimeTraveler]

Absolutely contact the State Attorney General and provide them ALL the documentation that you have, including contact information (email addresses and physical addresses).

Do you have any idea if AFOV is an actual United States business that exists? Or could it be some scam operation outside of the Country? Did you wire money or use the US Mail to send it in the USA? IF you did use the US Mail to send it then you can also contact the US Postal Inspection Service as it may be considered "Mail Fraud".

Have you called Bluegreen to confirm the week you were attempting to purchase was really submitted and taken by them? This is where I would start the process to determine the ethics of whom you've been doing business with. Not answering their phones is not a good sign at all.

Keep us posted and best of luck!



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[fredmotola]

Did you make the $4K payment via a credit card? If so, file with the credit card company.
Also, 5 months is too much time for a ROFR response - legally its 60 days after all paperwork is submitted. I would definitely check with Bluegreen directly on the paperwork submission. Did you get/see the ROFR letter from Bluegreen or did you just get a confirmation from AFOV?

Lastly - file with eBay or PayPal if paid via on of those.

Here is the BBB on AFOV

Family On Vacation | Complaints | Better Business Bureau® Profile

View customer complaints of Family On Vacation, BBB helps resolve disputes with the services or products a business provides.

www.bbb.org

 

[Ecelso]

You need to call them multiple times a day and leave a message every time. Email every address you have for them. If you have their snail mail address, send letters. It looks like they are located in Florida so also contact the State Attorney General in Florida. They don't like them nosing into their business.

Thank you for the reply... those are good suggestions. I stopped sending email for some time, but started again today.

 

[Ecelso]

Absolutely contact the State Attorney General and provide them ALL the documentation that you have, including contact information (email addresses and physical addresses).

Do you have any idea if AFOV is an actual United States business that exists? Or could it be some scam operation outside of the Country? Did you wire money or use the US Mail to send it in the USA? IF you did use the US Mail to send it then you can also contact the US Postal Inspection Service as it may be considered "Mail Fraud".

Have you called Bluegreen to confirm the week you were attempting to purchase was really submitted and taken by them? This is where I would start the process to determine the ethics of whom you've been doing business with. Not answering their phones is not a good sign at all.

Keep us posted and best of luck!



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Thank you for the reply. The company is in Florda, and yes the ROFR was confirmed by bluegreen some time ago already, that is when I asked for refund. I'll consider the State Attorney General if things continue to go south. Many thanks for the suggestions.

 

[Ecelso]

Did you make the $4K payment via a credit card? If so, file with the credit card company.
Also, 5 months is too much time for a ROFR response - legally its 60 days after all paperwork is submitted. I would definitely check with Bluegreen directly on the paperwork submission. Did you get/see the ROFR letter from Bluegreen or did you just get a confirmation from AFOV?

Lastly - file with eBay or PayPal if paid via on of those.

Here is the BBB on AFOV

Family On Vacation | Complaints | Better Business Bureau® Profile

View customer complaints of Family On Vacation, BBB helps resolve disputes with the services or products a business provides.

www.bbb.org

Thank you! I paid with credit card via docusign or similar service and got contract and all. I am going to continue to try and get through... otherwise, I think the state attorney option is my next best option as suggested. Thank you so much for all the good advise.

 

[dioxide45]

Thank you! I paid with credit card via docusign or similar service and got contract and all. I am going to continue to try and get through... otherwise, I think the state attorney option is my next best option as suggested. Thank you so much for all the good advise.

Can you still dispute the charge with your credit card company?

 

[Ecelso]

Can you still dispute the charge with your credit card company?

Due to the amount of time passed, this will not be possible. I've already tried it. And I looked at the BBB link provided by fredmotola and it doesn't look good. There are few claims having similar problem with refund.

 

[TheTimeTraveler]

I think in your circumstances the money is gone UNLESS they are still viable and care about their reputation.

That said, I would file a claim today in Florida Small Claims Court for $8000 (basically $4,000 owed plus $4,000 for your time). Let them be served with the paperwork and let them sweat it out. I think you may get their attention and you may get the original $4K back very quickly without the need to appear in Court.

Florida allows small claims up to $8,000. I don't think they would want it to continue any further as it would become a "Public Record" and further damage their questionable reputation. Plus, they would be afraid the Judge would in fact award you $4,000 more for damages (i.e. your time).

Speaking of which, search Florida Court records for AFOV and see what turns up. You may be surprised at what you find......



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[Nowaker]

Due to the amount of time passed, this will not be possible.

Actually, for delivery of future goods/services, the time window for a chargeback is much longer!

See: https://www.discountcreditcardsupply.com/blogs/adams-corner/chargeback-review-issuer

Mastercard: code 4855 Goods or Services Not Provided: 120 calendar days after the latest anticipated delivery date when the provision of goods or services was delayed
You must look up all the communication or listings, especially about the expected time of processing. Closing time is always overinflated on all listings - which will work to your advantage. Any proof that puts you within the 120 days is a win for you!

Visa: 120 calendar days past the date the cardholder was told the goods/services would not be delivered/provided
Even better here because OP was never told "no". They simply dropped the communication, so the 120 days haven't even started.

Amex: According to the card network’s customer service department, there are no AmEx chargeback time limits for cardmembers.

 

[Ecelso]

Actually, for delivery of future goods/services, the time window for a chargeback is much longer!

See: https://www.discountcreditcardsupply.com/blogs/adams-corner/chargeback-review-issuer

Mastercard: code 4855 Goods or Services Not Provided: 120 calendar days after the latest anticipated delivery date when the provision of goods or services was delayed
You must look up all the communication or listings, especially about the expected time of processing. Closing time is always overinflated on all listings - which will work to your advantage. Any proof that puts you within the 120 days is a win for you!

Visa: 120 calendar days past the date the cardholder was told the goods/services would not be delivered/provided
Even better here because OP was never told "no". They simply dropped the communication, so the 120 days haven't even started.

Amex: According to the card network’s customer service department, there are no AmEx chargeback time limits for cardmembers.

Oh man, that is good to know.. let me see if I can try that. thank you!

 

[Ecelso]

I think in your circumstances the money is gone UNLESS they are still viable and care about their reputation.

That said, I would file a claim today in Florida Small Claims Court for $8000 (basically $4,000 owed plus $4,000 for your time). Let them be served with the paperwork and let them sweat it out. I think you may get their attention and you may get the original $4K back very quickly without the need to appear in Court.

Florida allows small claims up to $8,000. I don't think they would want it to continue any further as it would become a "Public Record" and further damage their questionable reputation. Plus, they would be afraid the Judge would in fact award you $4,000 more for damages (i.e. your time).

Speaking of which, search Florida Court records for AFOV and see what turns up. You may be surprised at what you find......



.

Thank you! this is great advise... I will look into this as well. Many thanks!

 

[Jeddy]

I also have had an unfortunate experience with A Family On Vacation and a ROFR. I cannot recommend them at all.

 

[Ecelso]

I still have not received my money refund. I don't understand how these people can out right steal from people if they choose by refusing to refund. I think my issue is that I gave them the benefit of the doubt and waited too long. I think all I can do now is keep emailing, but I think they probably blocked my account by now.

 

[callwill]

I still have not received my money refund. I don't understand how these people can out right steal from people if they choose by refusing to refund. I think my issue is that I gave them the benefit of the doubt and waited too long. I think all I can do now is keep emailing, but I think they probably blocked my account by now.

atty general...

 

[Ecelso]

atty general...

I submitted an attorney general complaint but never heard back. was I supposed to do something different?

 

[callwill]

I submitted an attorney general complaint but never heard back. was I supposed to do something different?

I think i would be placing a call to them to find out if they have assigned anyone to it.

 

[Ecelso]

I think i would be placing a call to them to find out if they have assigned anyone to it.

thank you! I will certainly give that a shot. Many thanks!

 

[dioxide45]

Usually the Attorney General will log the complaint but they don't take up individual cases. If they get enough complaints, then they start to investigate. Your next option is to get a lawyer to wright up a demand letter and send to this company.

 

[Ecelso]

Usually the Attorney General will log the complaint but they don't take up individual cases. If they get enough complaints, then they start to investigate. Your next option is to get a lawyer to wright up a demand letter and send to this company.

I took that step as well through my legal group... but it didn't yield any results. I think next will be to go for litigation, but I am debating because this will add additional cost/loss of money if they don't pay. What to do?

 

[Mongoose]

I took that step as well through my legal group... but it didn't yield any results. I think next will be to go for litigation, but I am debating because this will add additional cost/loss of money if they don't pay. What to do?

Can you do a small claims case?

 

[Ecelso]

Can you do a small claims case?

I don't know but will evaluate this as well... is very difficult to believe I have lost my investment, but there are evil people out there out to get you for real. So we'll see...

 

[TheTimeTraveler]

I don't know but will evaluate this as well... is very difficult to believe I have lost my investment, but there are evil people out there out to get you for real. So we'll see...

Two months have now passed since your post of 14 December.

I wouldn't stand for anyone refusing to refund my $4,000 and you shouldn't either. Whatever you do, GET GOING ON IT. Why? What can you do if AFOV suddenly decides to declare Bankruptcy? You'll be 100% out of luck.

Pull all the stops out including contacting eBay. Wasn't it an auction on eBay that stated that your funds would be refunded if the ROFR was exercised? AFOV depends on the eBay platform in order to generate their money. In reality will eBay do anything? Likely not or likely not right away but don't let them steal your hard earned money without making a lot of noise and banging a large stick.

If my math is right, you've now been waiting for your refund for SEVEN MONTHS.......

By the way; May I ask what State do you live in? Some States have better Consumer Protection Laws than others and are far more progressive in assisting legitimate consumer complaints.




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[Ecelso]

Two months have now passed since your post of 14 December.

I wouldn't stand for anyone refusing to refund my $4,000 and you shouldn't either. Whatever you do, GET GOING ON IT. Why? What can you do if AFOV suddenly decides to declare Bankruptcy? You'll be 100% out of luck.

Pull all the stops out including contacting eBay. Wasn't it an auction on eBay that stated that your funds would be refunded if the ROFR was exercised? AFOV depends on the eBay platform in order to generate their money. In reality will eBay do anything? Likely not or likely not right away but don't let them steal your hard earned money without making a lot of noise and banging a large stick.

If my math is right, you've now been waiting for your refund for SEVEN MONTHS.......

By the way; May I ask what State do you live in? Some States have better Consumer Protection Laws than others and are far more progressive in assisting legitimate consumer complaints.




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I really appreciate the encouragement. it has been probably about that much time now. And I contacted ebay and event left a bad review, unfortunately, they informed me that I violated their review policy and instead I got a waring reprimand. lol I am telling there is not winning.. I will keep trying, there has to be a way. Yup.. that money was to do more vacation with my family instead it turned sour... I am in FL. Many thanks!