RE: The "Transportation Fee @ Wyndham Bonnet Creek

[CO skier]

Florida has a 10-day recision period, if you think you made a mistake.

... not if it is an EBay re-sale.

 

[Goofyhobbie]

As we already know Tuggers are way ahead of the game because they frequent the TUG Forums and stay up to date.

Thanks for the heads up regarding the change in the policy regarding the Transportation Fees.

 

[DancingWaters]

bc

It was an eBay resale. I was at BC in January for the first time and did fall in love with the resort, so I am sure I will enjoy it and maybe?.....not have to pay the shuttle fee. These time shares are addicting

 

[jjmanthei05]

... These time shares are addicting

Not at all. I started with a 189k resale and now I own 2.5 million points resale with VIP benefits.

Jason

 

[timeos2]

It was an eBay resale. I was at BC in January for the first time and did fall in love with the resort, so I am sure I will enjoy it and maybe?.....not have to pay the shuttle fee. These time shares are addicting

If you had to pay or not one time on that "service" and you would promise yourself you'd never make that mistake again. It is frustrating to use and can ruin an otherwise enjoyable day.

 

[ronparise]

Not at all. I started with a 189k resale and now I own 2.5 million points resale with VIP benefits.

Jason

come on Jason we are late for the meeting

 

[csxjohn]

Florida has a 10-day recision period, if you think you made a mistake.

They bought on eBay, not from the sales team at BC. They will not have a rescission period but, on eBay, real estate sales are non-binding. Much has been talked about that here.

 

[lcml11]

They bought on eBay, not from the sales team at BC. They will not have a rescission period but, on eBay, real estate sales are non-binding. Much has been talked about that here.

I did not check, however, you might want to. If I remember, for resorts that are located in Flordia, I thought there was a new law that changed the rules of the game for re-sale units.

Update:

http://www.myfloridalicense.com/dbpr/lsc/LSCMHTimeshareFAQResales.html

1. I want to sell my timeshare week that I own at a resort located in Florida. Does Florida law apply to the manner in which I sell it?

Yes. Florida law requires that sellers use a resale purchase agreement that complies with the requirements of section 721.065, F.S. That section requires that resale agreements contain certain disclosures to the buyer concerning the current amount of annual assessments, property taxes, delinquent assessments, and late charges (if any), the first year in which the purchaser may use the timeshare, as well as a 10-day contract cancellation period. Failure to include the required language in the resale contract automatically makes the contract voidable at the option of the purchaser for a period of one year after the date of closing.

Cite: Section 721.065, F.S.

Maybe the site owner may not have it right. If there is a problem with the way the contract was written and the provision was not there, maybe asking the appropriate agency to review the contract in question would be in order.

If there was a oversite by the seller on putting the language into the re-sale contract, maybe getting ahold of the seller would set the situation correct by providing the seller the link.

 

[ronparise]

They bought on eBay, not from the sales team at BC. They will not have a rescission period but, on eBay, real estate sales are non-binding. Much has been talked about that here.

They bought on eBay, not from the sales team at BC. They will not have a rescission period but, on eBay, real estate sales are non-binding. Much has been talked about that here.

Florida timeshare sales, including sales on the secondary market get a 10 day rescision period

 

[Rent_Share]

Florida timeshare sales, including sales on the secondary market get a 10 day rescission period

One of the reasons eBay's real estate auctions are non binding, since eBay's normal goods binding auction policy would be contradictory to this portion of Florida Law.

 

[csxjohn]

I did not check, however, you might want to. If I remember, for resorts that are located in Flordia, I thought there was a new law that changed the rules of the game for re-sale units.

Update:

http://www.myfloridalicense.com/dbpr/lsc/LSCMHTimeshareFAQResales.html

1. I want to sell my timeshare week that I own at a resort located in Florida. Does Florida law apply to the manner in which I sell it?

Yes. Florida law requires that sellers use a resale purchase agreement that complies with the requirements of section 721.065, F.S. That section requires that resale agreements contain certain disclosures to the buyer concerning the current amount of annual assessments, property taxes, delinquent assessments, and late charges (if any), the first year in which the purchaser may use the timeshare, as well as a 10-day contract cancellation period. Failure to include the required language in the resale contract automatically makes the contract voidable at the option of the purchaser for a period of one year after the date of closing.

Cite: Section 721.065, F.S.

Maybe the site owner may not have it right. If there is a problem with the way the contract was written and the provision was not there, maybe asking the appropriate agency to review the contract in question would be in order.

If there was a oversite by the seller on putting the language into the re-sale contract, maybe getting ahold of the seller would set the situation correct by providing the seller the link.

Florida timeshare sales, including sales on the secondary market get a 10 day rescision period

This is good stuff, thank you both for bringing it to my attention. I just sold one and bought one in Florida. The 10 day rescission period is not mentioned in either purchase agreement. All the other stuff is in there but not the 10 days.

It looks like my buyer has a year to change her mind now. I won't be changing my mind, I love where I bought but it appears that option will be there if I need it.

This would probably make a good point for a sticky in the buying, selling, trading forum.

 

[csxjohn]

One of the reasons eBay's real estate auctions are non binding, since eBay's normal goods binding auction policy would be contradictory to this portion of Florida Law.

Yes, this is the stated reason on eBay. Every state is different in regards to real estate law so those auctions are non binding.

 

[csxjohn]

Does anyone know when this new law took effect in Fla?

I think it's great that Fla is staying on top of TS sales. I just wish I had put the 10 days in the purchase agreement when I sold.

 

[lcml11]

Does anyone know when this new law took effect in Fla?

I think it's great that Fla is staying on top of TS sales. I just wish I had put the 10 days in the purchase agreement when I sold.

It looks like July 1, 2012.

http://technorati.com/business/advertising/article/florida-passes-timeshare-law-to-protect/

Other than your buyer may have a year to change their mind, the area of potiential concern is if you are a resale advertiser under the laws of Flordia. If you do not rent or sell seven or more intervals per year, you should be OK.

"4. Any timeshare resale advertiser which violates the law's provisions can be hit with a penalty which may not exceed $15,000 per violation under the Unfair and Deceptive Trade Practices Act."

If the issue comes up with your buyer, I would offer what appears to be full remedy immediately. Offer to take the unit back and pay the associated fees and closing costs.

 

[lcml11]

It looks like July 1, 2012.

http://technorati.com/business/advertising/article/florida-passes-timeshare-law-to-protect/

Other than your buyer may have a year to change their mind, the area of potiential concern is if you are a resale advertiser under the laws of Flordia. If you do not rent or sell seven or more intervals per year, you should be OK.

"4. Any timeshare resale advertiser which violates the law's provisions can be hit with a penalty which may not exceed $15,000 per violation under the Unfair and Deceptive Trade Practices Act."

If the issue comes up with your buyer, I would offer what appears to be full remedy immediately. Offer to take the unit back and pay the associated fees and closing costs.

If you used someone who did the re-sale contract for you or provided the template for it, you might want to post the name of the group that did not have the provision in the sales agreement as a word of caution to others.

 

[csxjohn]

If you used someone who did the re-sale contract for you or provided the template for it, you might want to post the name of the group that did not have the provision in the sales agreement as a word of caution to others.

Because I did not know the buyer, it was a reply to an eBay classified ad, I had a purchase agreement then used a service to type the deed and do the footwork to the county and the resort.

I'm not in the category of doing seven per year so the rest of that law won't apply.

I do own another Fla unit and am in the process of a deed transfer to obtain another in Fla.

You'd think with all the dumb stuff going on I'd stay away from TS ownership but I found out last summer that the only way to be assured of a summer week on the Atlantic is to buy one.

Just wondering if any other states require a waiting period on re-sales?

 

[lcml11]

Because I did not know the buyer, it was a reply to an eBay classified ad, I had a purchase agreement then used a service to type the deed and do the footwork to the county and the resort.

I'm not in the category of doing seven per year so the rest of that law won't apply.

I do own another Fla unit and am in the process of a deed transfer to obtain another in Fla.

You'd think with all the dumb stuff going on I'd stay away from TS ownership but I found out last summer that the only way to be assured of a summer week on the Atlantic is to buy one.

Just wondering if any other states require a waiting period on re-sales?

Not that I am aware of, but maybe.

 

[ronparise]

Posted on the Wyndham owners forum

Just called the Bonnet Creek front desk and the young lady shared her understanding of the Feb 15th policy as per below:

She said that each shuttle rider would now pay $5 per day round trip to ride the shuttle. I asked if this means that a family of 10 would now pay $50 per day to use the shuttle rather than the previous $12 per day per condo whether or not they rode the shuttle.
She agreed.
I then asked if that meant that that same family could pay a total of $350 for using the shuttle for 7 days rather than the previously proposed $72 a week per condo per week whether or not they rode the shuttle.
She agreed.

 

[DancingWaters]

shuttle

Wow, that hopeful improvement went backwards. Did you happen to ask if BC owners were exempt from this fee and they ride free? I am the tugger who just purchased a BC resale because of the initial shuttle fee.

 

[csxjohn]

Posted on the Wyndham owners forum

Just called the Bonnet Creek front desk and the young lady shared her understanding of the Feb 15th policy as per below:

She said that each shuttle rider would now pay $5 per day round trip to ride the shuttle. I asked if this means that a family of 10 would now pay $50 per day to use the shuttle rather than the previous $12 per day per condo whether or not they rode the shuttle.
She agreed.
I then asked if that meant that that same family could pay a total of $350 for using the shuttle for 7 days rather than the previously proposed $72 a week per condo per week whether or not they rode the shuttle.
She agreed.

I don't see anything wrong with this.

If you use it, pay for it. It's an amenity above and beyond the normal timeshare services.

I should not have to pay $72 a week for something I don't use to subsidize a family of 10 using the shuttle.

 

[DeniseM]

I agree - those who use it should pay for it, otherwise it raises the MF for all owners. We are going to Bonnet Creek in the spring, and I will be happy to pay this fee - it's still far cheaper than a cab or car rental.

BTW - If you are taking 10 people to Disneyworld, a $5 per person shuttle fee is going to be the least of your financial problems!

 

[lcml11]

I agree - those who use it should pay for it, otherwise it raises the MF for all owners. We are going to Bonnet Creek in the spring, and I will be happy to pay this fee - it's still far cheaper than a cab or car rental.

BTW - If you are taking 10 people to Disneyworld, a $5 per person shuttle fee is going to be the least of your financial problems!

If it is a party of 10, just rent a car.

 

[geekette]

If it is a party of 10, just rent a car.

or 2.

[message too short]

 

[DeniseM]

If it is a party of 10, just rent a car.

I think you missed the point - compared to the other costs of taking 10 people to Disneyworld, a $5 per day fee is a drop in the bucket! If you can't afford the $5 per person, you probably can't afford the trip at all!

 

[BocaBum99]

They bought on eBay, not from the sales team at BC. They will not have a rescission period but, on eBay, real estate sales are non-binding. Much has been talked about that here.

Bonnet Creek is a Florida timeshare resort and all sales whether developer or resale are governed by Florida Statutes.

In Florida, ALL timeshare sales are subject to an irrevocable 10-day right of rescission period. This does include resales. It doesn't matter if it were on or off eBay.

In addition, all real estate contracts are subject to the Statute of Frauds meaning that there is no binding agreement unless there is a written agreement signed by competent parties. eBay is merely a vehicle for bringing buyers and sellers to the table. Nothing is binding until there is a signed purchase agreement that has aged past the 10 day right of rescission.