Sales rep. lies and paying "Retail Value" for a stay if we rescind

[stupidbuyer]

Yes. Hey @stupidbuyer, which State was this TS purchased?


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California

 

[RX8]

@stupidbuyer, this is a little confusing. Are you saying that you were originally in the hotel room on the preview package and that you negotiated as part of your purchase to stay in the timeshare instead of the hotel room for free? Of course, not free if they are holding you to the $1050. Read the addendum carefully for any outs. Otherwise, it looks like you bought a three night stay for $1050. Maybe painful but not as much as $9300.

 

[stupidbuyer]

@Grammarhero,

So, if he took the 3 day vacation offer and DIDNT buy, would he have to pay 1050? My guess is not...in which case, any charge would be unlawful.

Very interesting...this is a new one.


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It's a little more complicated. I accepted a 4 day vacation for free. However, the place we got was not what we requested and agreed to on our booking call as we specifically mentioned that we needed a full kitchen, otherwise we wouldn't be able to go. We stayed at the place we got the first night and went to the presentation the next day. There they would give us the remaining 3 nights at the place we originally agreed to, but never got. With that we signed an addendum to the contract which states what we got (3 nights at $350 retail) and has the following language: "It is understood that should our purchase not close escrow, the amount stated above willbe deducted from the deposit collected from you on the date of sale, and the balance, if applicable, will be refunded to you in the time allotted, as stated in your Purchase and Security Agreement."

 

[Fredflintstone]

It's a little more complicated. I accepted a 4 day vacation for free. However, the place we got was not what we requested and agreed to on our booking call as we specifically mentioned that we needed a full kitchen, otherwise we wouldn't be able to go. We stayed at the place we got the first night and went to the presentation the next day. There they would give us the remaining 3 nights at the place we originally agreed to, but never got. With that we signed an addendum to the contract which states what we got (3 nights at $350 retail) and has the following language: "It is understood that should our purchase not close escrow, the amount stated above willbe deducted from the deposit collected from you on the date of sale, and the balance, if applicable, will be refunded to you in the time allotted, as stated in your Purchase and Security Agreement."

Ok. So you were obligated to attend a presentation. Was there an obligation to buy? Also, if you didn’t buy, would you be in the hook for $1050? And if so, were the terms and conditions provided to you prior to accepting?

Based on this, that may have happened. I am unsure as I am not (and do not want) to be privy to the contract and advertisement.

As RX8 stated, maybe review your contract, public report, addendums and the advertisement with terms and conditions and then decide what to do.

I am researching in my end as I am real curious.




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[CPNY]

It's a little more complicated. I accepted a 4 day vacation for free. However, the place we got was not what we requested and agreed to on our booking call as we specifically mentioned that we needed a full kitchen, otherwise we wouldn't be able to go. We stayed at the place we got the first night and went to the presentation the next day. There they would give us the remaining 3 nights at the place we originally agreed to, but never got. With that we signed an addendum to the contract which states what we got (3 nights at $350 retail) and has the following language: "It is understood that should our purchase not close escrow, the amount stated above willbe deducted from the deposit collected from you on the date of sale, and the balance, if applicable, will be refunded to you in the time allotted, as stated in your Purchase and Security Agreement."

Usually you get a deal to sit on the presentation. This sounds like you only get the discounted trip if you buy? I’m confused, the 4 day vacation was only free if you purchased and didn’t rescind? How was it free if they are charging you to rescind? Although Marriott charges 199 for 4 days. But to have to go to a timeshare presentation. This company made you buy it or else. Does this sound like a timeshare company you want to deal with? Rescind, take your loss if you must and buy a new system.

 

[stupidbuyer]

Usually you get a deal to sit on the presentation. This sounds like you only get the discounted trip if you buy? I’m confused, the 4 day vacation was only free if you purchased and didn’t rescind? How was it free if they are charging you to rescind? Although Marriott charges 199 for 4 days. But to have to go to a timeshare presentation. This company made you buy it or else. Does this sound like a timeshare company you want to deal with? Rescind, take your loss if you must and buy a new system.

No, sorry for not being too clear. The original offer was a 4 day stay which had a requirement to attend a 120min presentation. There were no obligations to buy or any penalties for not buying. However, we could not stay at the place we got, so it was either to go back home or agree to the addendum to stay the remaining 3 nights.

 

[Fredflintstone]

No, sorry for not being too clear. The original offer was a 4 day stay which had a requirement to attend a 120min presentation. There were no obligations to buy or any penalties for not buying. However, we could not stay at the place we got, so it was either to go back home or agree to the addendum to stay the remaining 3 nights.

Ok

Up to you

Maybe plug a call to the


State of California Department of Real Estate

And tell them your story. They will certainly give you good advice on where you sit with this...

California Department of Real Estate

www.bre.ca.gov

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[stupidbuyer]

Ok

Up to you

Maybe plug a call to the


State of California Department of Real Estate

And tell them your story. They will certainly give you good advice on where you sit with this...

California Department of Real Estate

www.bre.ca.gov

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Thanks all for your info. Reading this forum saved me. I will post a reply on how it plays out.

 

[Fredflintstone]

Here is where you can file a complaint.

Filing a Complaint - DRE

www.bre.ca.gov

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[Fredflintstone]

You can also file a complaint with enforcement if you so wish

Enforcement Online Complaints

eocs.dre.ca.gov

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[stupidbuyer]

You can also file a complaint with enforcement if you so wish

Enforcement Online Complaints

eocs.dre.ca.gov

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Thanks!

 

[Grammarhero]

I think @Aurelius has a point about going under the radar. Maybe the rescission letter should say that OP expects a full refund, please do make anymore charges to the cc, and any additionally charges would be forwarded to the state AG.

That would be vague enough to go under the radar. It’s also specific enough to let DRI know of the OP’s position that said hotel stay was a gift for attending the TS presentation, and that the AG would investigate such refusal of a gift.

 

[CPNY]

No, sorry for not being too clear. The original offer was a 4 day stay which had a requirement to attend a 120min presentation. There were no obligations to buy or any penalties for not buying. However, we could not stay at the place we got, so it was either to go back home or agree to the addendum to stay the remaining 3 nights.

Woah..... bait and switch. I’m not an attorney but it seems like they pressured you into signing that addendum. Did they make you sign it after you purchased? Seems like they would have wanted you to sign so you wouldn’t rescind. What a snake, I’d contact the state AG. Shady business practices. Do you have any proof of original free days for presentation?

 

[Fredflintstone]

Woah..... bait and switch. I’m not an attorney but it seems like they pressured you into signing that addendum. Did they make you sign it after you purchased? Seems like they would have wanted you to sign so you wouldn’t rescind. What a snake, I’d contact the state AG. Shady business practices. Do you have any proof of original free days for presentation?

From experiences, the AG forwards the complaint to the department of Real Estate for investigation in California. If the investigation shows violations, they forward their findings to the AG. That’s why it’s best to start at the department of Real Estate. It just skips an extra step.


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[CPNY]

From experiences, the AG forwards the complaint to the department of Real Estate for investigation in California. If the investigation shows violations, they forward their findings to the AG. That’s why it’s best to start at the department of Real Estate. It just skips an extra step.


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Yeah!! What Fred said lol

 

[Fredflintstone]

@grammerhero is right in that you should get that recission in NOW. On your contract, they must outline the steps you take to rescind. I would recommend certified, return receipt mail.

If it was me, based on what you said, step two would be to file a complaint with the department of real estate. There is no need to note that in your recission letter. Under the radar is best as @Grammarhero says...just do it.




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[carl2591]

DIAMOND resorts "sleight of hand" tatic are another reason to STAY from this crooked outfit. THey remind me a lot of Wells Fargo.. never resting on figuring out how to screw the owners or would be owners from their money. DAM shame the timeshare business has become so scummy for some.

 

[Fredflintstone]

DIAMOND resorts "sleight of hand" tatic are another reason to STAY from this crooked outfit. THey remind me a lot of Wells Fargo.. never resting on figuring out how to screw the owners or would be owners from their money. DAM shame the timeshare business has become so scummy for some.

Sigh,

Another reason why I rent and stay away from any and all presentations. There is truly no such thing as a free lunch.


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[DesireMore]

Call the card company of whichever card you gave them and tell them you lost it. They'll cancel the old card and send you a new one. That way when they try to run the card again it'll decline the transaction. Legally they might still be able to take you to court, but the odds of them actually doing this are slim.

 

[DesireMore]

Sigh,

Another reason why I rent and stay away from any and all presentations. There is truly no such thing as a free lunch.


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I've been on 45 presentations since I turned 25 and have collected somewhere in the ballpark of $6,000 worth of gifts from these shady companies. It's actually part of how I subsidize my travels. I considered buying resale since I love the timeshare resorts so much, but I have decided to simply continue to rent considering that I have yet to find a resale that works for me and the fact that I have an Interval International account without actually owning a timeshare and can book Getaways when I need to.

 

[Fredflintstone]

I've been on 45 presentations since I turned 25 and have collected somewhere in the ballpark of $6,000 worth of gifts from these shady companies. It's actually part of how I subsidize my travels. I considered buying resale since I love the timeshare resorts so much, but I have decided to simply continue to rent considering that I have yet to find a resale that works for me and the fact that I have an Interval International account without actually owning a timeshare and can book Getaways when I need to.

Your point is well received IF you have the discipline to say no and walk out the door when your 90 minutes are up. You sound like you have that discipline and kudos to you for having that.

Sadly, most people allow themselves to stay too long and end up with a trinket, signed contract in hand and TS debt. Those types of folks need to stay clear of any and all presentations. In my case, my vacation time is too valuable to me so I forgo all presentations offers. I would rather enjoy instead of dealing with slimy salespeople. Different strokes for different folks.




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[tschwa2]

I would rescind if you are within the time allowed. If they try to charge the $1050 file a complaint both in your state and the state the stay was out with the AG. Dispute with your Credit card.

If Diamond fights back you don't have any proof unless the documentation for the original presentation states that you will stay in a unit with a full kitchen. You have no proof what the agent said on the phone. They will say that the agent took your request but nothing was ever guaranteed as to kitchen availability. You bought. They moved you to a different unit. You signed something saying that they upgraded you due to the purchase (not because this was what they originally agreed to give you) and that if you rescinded you would have to pay the full retail value which they list as the rack rate.

Hopefully you didn't sign up for a Barclay credit card as part of the deal. They have agreements with Diamond and won't side with you on a dispute without overwhelming evidence and they will not cancel the card to allow you to avoid payment.

Hopefully you are within the normal California period to rescind and are not relying on your accusations of fraud based on false statements and omissions to cancel. You sign something saying that you are purchasing based on the written details on the contract not on any statements by the sales staff that are not part of the contract. It is very difficult (but not impossible) to prove fraud based on oral representations only.

 

[Aurelius]

Chargeback rules are set by the card brands (Visa/MC/AMEX) not by the issuing bank.

If you do go the chargeback route, specify “goods/services not received”. The merchant will need to prove that you received the services and agreed to pay for them. Which shouldn’t be hard but you’d be surprised how many merchants fail to reply with evidence in a timely manner.

 

[stupidbuyer]

I got a meeting with a VP of the company next week. Depending on how that goes, I will probably just drop it if they split or give me the money back. Otherwise I'll write a review, and send a complaint to Department of Real Estate and call it a day.

The room deal didn't fly under the radar unfortunately. They charged me additionally for the room (even though it said it would be deducted from my deposit in the contract). So currently they have 3K charged to my CC. I'm not sure I want to do a dispute, but maybe.

The charges are on my AMEX unaffiliated with DRI.

 

[DesireMore]

I got a meeting with a VP of the company next week. Depending on how that goes, I will probably just drop it if they split or give me the money back. Otherwise I'll write a review, and send a complaint to Department of Real Estate and call it a day.

The room deal didn't fly under the radar unfortunately. They charged me additionally for the room (even though it said it would be deducted from my deposit in the contract). So currently they have 3K charged to my CC. I'm not sure I want to do a dispute, but maybe.

The charges are on my AMEX unaffiliated with DRI.

American Express, in general, overwhelmingly sides with customers in a dispute. If you have even an inkling of a case, American Express will likely give you your money back. I've read the merchant agreement for Amex, and it's absolutely draconian. I understand why many merchants don't take Amex.