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

stupidbuyer

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I stupidly bought 5k bianual points at a sales pitch.

The sales rep. lied about several thing such as resale value would be close to 2/3 of the purchase value and I would have access to more than 4K locations and other services, but missed to mention that this would need to be done through interval with hefty fees.

We initially got a free mini vacation, but they did a switch and bait on us and we ended up on a hotel we couldn't stay at because no full kitchen (we got young children and can't go out to eat 3 meals a day). Once in the sales pitch, I signed an addendum to the contract where we got 3 nights at the original location we wanted and at a retail value of $350 a night for 3 nights for a total of $1050. It also states that if we rescind, we would have to pay this amount.

Any idea how I can negotiate my way out of that? I already spoke face to face with the QA agent, and he stated that they will enforce the agreement, but took note of my complaints and said that I should state them in my rescind letter.

Any other suggestions? Thank you!
 

Aurelius

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You can certainly ask but you signed an agreement saying you’d pay full retail value if you rescind and then stayed in the room. They’re under no obligation to waive that fee.

If it were me, I wouldn’t even mention it in the recision letter. Since it seems like a one off deal, they might forget to charge you for it.
 

stupidbuyer

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You can certainly ask but you signed an agreement saying you’d pay full retail value if you rescind and then stayed in the room. They’re under no obligation to waive that fee.

If it were me, I wouldn’t even mention it in the recision letter. Since it seems like a one off deal, they might forget to charge you for it.
Thanks. I might just do that.
 

CPNY

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I stupidly bought 5k bianual points at a sales pitch.

The sales rep. lied about several thing such as resale value would be close to 2/3 of the purchase value and I would have access to more than 4K locations and other services, but missed to mention that this would need to be done through interval with hefty fees.

We initially got a free mini vacation, but they did a switch and bait on us and we ended up on a hotel we couldn't stay at because no full kitchen (we got young children and can't go out to eat 3 meals a day). Once in the sales pitch, I signed an addendum to the contract where we got 3 nights at the original location we wanted and at a retail value of $350 a night for 3 nights for a total of $1050. It also states that if we rescind, we would have to pay this amount.

Any idea how I can negotiate my way out of that? I already spoke face to face with the QA agent, and he stated that they will enforce the agreement, but took note of my complaints and said that I should state them in my rescind letter.

Any other suggestions? Thank you!
When did you sign the contract? You can rescind if it is within a certain period of time. It depends based on the state you signed in. Check the contract for rescission rights, or changes eligible to be made to your account. It’s in the contact and you have to send the letter certified with rrr. It must be postmarked within xx amount of days listed on the contract.
 

CPNY

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I stupidly bought 5k bianual points at a sales pitch.

The sales rep. lied about several thing such as resale value would be close to 2/3 of the purchase value and I would have access to more than 4K locations and other services, but missed to mention that this would need to be done through interval with hefty fees.

We initially got a free mini vacation, but they did a switch and bait on us and we ended up on a hotel we couldn't stay at because no full kitchen (we got young children and can't go out to eat 3 meals a day). Once in the sales pitch, I signed an addendum to the contract where we got 3 nights at the original location we wanted and at a retail value of $350 a night for 3 nights for a total of $1050. It also states that if we rescind, we would have to pay this amount.

Any idea how I can negotiate my way out of that? I already spoke face to face with the QA agent, and he stated that they will enforce the agreement, but took note of my complaints and said that I should state them in my rescind letter.

Any other suggestions? Thank you!
You can rescind and have to pay for the value of the 3 nights which is fine, chalk it up to a loss. Get the original purchase price of the 5K points. How much was that for?
 

stupidbuyer

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When did you sign the contract? You can rescind if it is within a certain period of time. It depends based on the state you signed in. Check the contract for rescission rights, or changes eligible to be made to your account. It’s in the contact and you have to send the letter certified with rrr. It must be postmarked within xx amount of days listed on the contract.

Thanks. I can still rescind, but it will cost me $1050 to do it, which I would rather not part way with. I'm rescinding the contract because the sales rep. based his sale on lies and omission of key details. If it was just due to me changing my mind I wouldn't have a problem with paying. I'm wondering if this counts as a penalty? It's stated that they cannot assess penalties if contract is rescinded.
 

CPNY

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Thanks. I can still rescind, but it will cost me $1050 to do it, which I would rather not part way with. I'm rescinding the contract because the sales rep. based his sale on lies and omission of key details. If it was just due to me changing my mind I wouldn't have a problem with paying. I'm wondering if this counts as a penalty? It's stated that they cannot assess penalties if contract is rescinded.
Wait, how much did you pay for the ownership??? Omg please rescind and take the hit on the 1050 bucks. Call it an expensive trip. Then buy 5K points resale. You’ll be saving money. How much the contract for not counting the 1050?
 

stupidbuyer

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You can rescind and have to pay for the value of the 3 nights which is fine, chalk it up to a loss. Get the original purchase price of the 5K points. How much was that for?
~$9300 for 5000 biennial points. MF and Club dues $527 annually. But waived first two years.
 

CPNY

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~$9300 for 5000 biennial points. MF and Club dues $527 annually. But waived first two years.
Omg. Please rescind lol. You can buy. 5000 ANNUAL DRI points on redweek for. 1 dollar. (I just looked) take the 1050 loss. I beg you. 527 annually yet you only use the points every other..... save 9300 bucks. @Grammarhero please help here.
8A7DA13E-A134-4C05-A545-B523A84E0BE5.jpeg
 

CPNY

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And 5000 bonus points at signup.
But those 5000 don’t last. Buying retail is getting ripped off. Please rescind. The deal will be there tomorrow if you want to go back and spend 10K. Take time and shop resale. Please
 

Grammarhero

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~$9300 for 5000 biennial points. MF and Club dues $527 annually. But waived first two years.
That’s crap. Rescind. You can get 6k pts annually for $1. As for me, I got 6k pts annually for $1, but $700 MF. Granted, that took months of research.
 

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stupidbuyer

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But those 5000 don’t last. Buying retail is getting ripped off. Please rescind. The deal will be there tomorrow if you want to go back and spend 10K. Take time and shop resale. Please
Yeah. I'm most definitely rescinding. Was just curious about whether it was a way out of my other stupid decision.
 

Grammarhero

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Yeah. I'm most definitely rescinding. Was just curious about whether it was a way out of my other stupid decision.
Rescinding. Research TS. Decide if TS for you. Then decide which company you like. Wyndham may better serve you.

See if you can dispute with the cc company. Just eat the $1k. Learn your lesson.
 

CPNY

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Yeah. I'm most definitely rescinding. Was just curious about whether it was a way out of my other stupid decision.
I think to may have to take your loss. Look at it this way. Some people like myself new knew about TUG when we bought developer price and were out 39k PLUS the money I paid for something to take it from me (I paid closing). Rescind and when you buy resale, add the 1050 in the total price and call it a package deal lol. Also, truly research different systems. as Grammarhero said, maybe Wyndham would serve you better. Or MVC DC points, or vistana mandatory resorts etc.
 

Fredflintstone

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Thanks. I can still rescind, but it will cost me $1050 to do it, which I would rather not part way with. I'm rescinding the contract because the sales rep. based his sale on lies and omission of key details. If it was just due to me changing my mind I wouldn't have a problem with paying. I'm wondering if this counts as a penalty? It's stated that they cannot assess penalties if contract is rescinded.

I’m sorry, you lost me. You have to pay 1050 to rescind? Huh? If you rescind within state law perimeters, you pay NOTHING and can expect your full refund within about 45 days.

Which state did you buy this timeshare?

@Grammarhero, you ever heard of this?


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Grammarhero

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I’m sorry, you lost me. You have to pay 1050 to rescind? Huh? If you rescind within state law perimeters, you pay NOTHING and can expect your full refund within about 45 days.

Which state did you buy this timeshare?

@Grammarhero, you ever heard of this?


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With Diamond and Westgate, I wouldn’t be surprised. As I understand it, OP sign an addendum to the contract that he’d paid $1k for a three night stay if he rescinded.

It depends on whether the state TS laws in which the TS was signed prohibits this behavior. It likely doesn’t. But if it does, a report to the state AG is in order.
 

Aurelius

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I’m sorry, you lost me. You have to pay 1050 to rescind? Huh? If you rescind within state law perimeters, you pay NOTHING and can expect your full refund within about 45 days.

Which state did you buy this timeshare?

@Grammarhero, you ever heard of this?


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The OP negotiated a 3 night stay valued at $1,050 as part of the deal, which specified if the purchase was rescinded, would need to be reimbursed. You can’t rescind a resort stay that you’ve already used.

I honestly think if you just don’t even mention owing them $1,050 in the recission letter they probably won’t even know to charge you since your deal seems like a one-off, unless the salesman does it out of spite when he realizes he lost his commission. My goal would be to fly under the radar and hope for the best. At worst, you paid $1k for a short resort stay.
 

Fredflintstone

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With Diamond and Westgate, I wouldn’t be surprised. As I understand it, OP sign an addendum to the contract that he’d paid $1k for a three night stay if he rescinded.

It depends on whether the state TS laws in which the TS was signed prohibits this behavior. It likely doesn’t. But if it does, a report to the state AG is in order.

Yes, highly suspicious. I will do some research on this one. I know the enticement must be provided whether you buy or not. (Ie. go to 90 minute presentation, get 100 dollar gift card). Also, the enticement cannot be charged even if one rescinds.

Could this three night deal be seen as an enticement? Perhaps.

Yes, more research is needed. I’ll let you know what I find out.


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Grammarhero

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Yes, highly suspicious. I will do some research on this one. I know the enticement must be provided whether you buy or not. (Ie. go to 90 minute presentation, get 100 dollar gift card). Also, the enticement cannot be charged even if one rescinds.

Could this three night deal be seen as an enticement? Perhaps.

Yes, more research is needed. I’ll let you know what I find out.


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When I researched the laws, I remember that MO require the gifts to be given. We really need to know the state where the Diamond TS was signed.
 

Fredflintstone

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Geez, at the least, that’s slimy...


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Grammarhero

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Fredflintstone

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As I recall, @Grammarhero, this language is similar in many states.

I know in FL, CA and HI for sure.

@stupidbuyer, do you have the advertisement on this offer? Or, was this a cold call?


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Fredflintstone

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@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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