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Third party resale, account was delinquent

NTP66

TUG Member
Joined
Feb 9, 2015
Messages
915
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381
Resorts Owned
Marriott's Maui Ocean Club (x2)
Long story short, I just completed a 3rd party purchase of a timeshare in Maui (MMO). Marriott confirmed my ownership, and at the same time informed me that the account was currently delinquent. This was news to me, as I was told everything was up to date by the broker, and it's also showing fine in the contract I signed. The Marriott rep I spoke with was unable to access my new account, so I have to call back in a few days to find out exactly what's going on.

Has anyone had to deal with this before that could offer some advice? I've already sent e-mails to the broker and title company.

Thanks in advance,

Nick
 
Did you request an estoppel before you entered into the transaction?
 
I'm surprised they would approve a transfer until the account was brought up to date.
 
I'm surprised they would approve a transfer until the account was brought up to date.

Apparently Marriott will allow the transfer with delinquent fees. I was surprised to hear about this at one time, but it apparently does happen. The OP needs to follow up through the broker on this one to see if they can get it fixed. Depending on how bad they want the week, they may end up needing to pony up the money as the seller may not be willing to.
 
Did you request an estoppel before you entered into the transaction?

I did, and I must have COMPLETELY forgot about it (had something else much more important come up around the same time that stole my focus). Can't blame anyone but myself for not following up on that. I'm interested to hear back from the broker, because he did tell me that they confirmed there were no outstanding debts.

Still, I'd think that the contract should help my case. At least, I HOPE it will.
 
Was it a broker with an office in Hawaii, or was it an eBay sale?
 
Was it a broker with an office in Hawaii, or was it an eBay sale?

It was a broker out of Florida, Worldwide Resort Resales. Universal Resort Transfers, also out of Florida, handled the title work and escrow.
 
The estopple wont help if your case is like mine, I was the seller, it was a quick flip, I bought it with fees owing and turned right around and re sold it. Marriott didnt keep up and the estopple I ordered didnt show anything past due. I was prepared to pay sometime during the transfer process, but Marriott never asked and again transferred the account with dues owing,

For the record I did let my buyer know that he was likely to get a bill, and that he should call me when (if) he did and I would pay it. He did and I did and everyone is happy.

So I would contact your seller, If he is an honest guy, hell pay it.
 
The title guys just emailed me back and told me to contact them when Marriott was able to give me accurate numbers. He agrees that I should pay no delinquent fees and says the seller will handle it, so we'll see.

To be honest, if I run out of luck and options completely, I'd likely just pay the balance myself to keep the unit. That's a last resort, though.
 
The only problem you will have is that you won't be able to make a reservation until those fees are paid. Well, you might be able to make the reservation but MVC will cancel it shortly after you make it.
 
When I bought my Marriott off of EBay in 2013 the first use was supposed to be 2015 and the MF's were supposed to be paid up. When Marriott acknowledged me I found out that the MF were delinquent (2013's) but I also found out there was a 2013 reservation that I could use or deposit into II, I felt like I got the better end of the deal so I paid the MF', deposited it into II (it was at 70 days to checkin so I lucked out), and kept my mouth shut. Ended up trading into a a nice unexpected week in Hawaii.

Ian
 
After speaking with Marriott again this morning, I believe that they may have been looking at the seller's account, and that the unit had not yet actually switched into my new account. I was able to finally access my account online, and it did show a $0 balance with no delinquency, and the rep I spoke with also said that she showed my account in the clear in both systems she's able to access. She thinks that the seller's account may be delinquent.

I'm going to check again in a few weeks just to be safe, but my weekend just improved.
 
After speaking with Marriott again this morning, I believe that they may have been looking at the seller's account, and that the unit had not yet actually switched into my new account. I was able to finally access my account online, and it did show a $0 balance with no delinquency, and the rep I spoke with also said that she showed my account in the clear in both systems she's able to access. She thinks that the seller's account may be delinquent.

I'm going to check again in a few weeks just to be safe, but my weekend just improved.

Hopefully, the seller's account is not delinquent as to the property you bought. That would come back to bite you. If it is other items in the seller's account, no need to worry.
 
Hopefully, the seller's account is not delinquent as to the property you bought. That would come back to bite you. If it is other items in the seller's account, no need to worry.

I believe that's the case here, that the owner has another property that's delinquent (sounds like she flips a lot of timeshares). Marriott seems to think I'm good to go, so I'm running with that right now. Either way, it feels good to finally own at this property!
 
It must be current year maintenance fees, as anything older than that would have had a lien filed and prevented any sort of transfer.
 
Marriott confirmed yesterday that my account is in the clear, so I'm good to go now. The first agent was seeing a different unit from the seller.
 
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