Timeshare Fraud Practices

Fraud and Misrepresentation In the Timeshare Industry

Due to the rising number of complaints and ever increasing litigation against the Timeshare industry, a checklist has been established to determine if you potentially have legal recourse versus your respective timeshare resort.This list was compiled by citing the most common legally suspect behaviors and tactics used by unscrupulous Timeshare salespeople and the companies that employ them.If you can answer “yes” to more than two questions, we might be able to assist you.The more of these practices that were used, the better likelihood we can take your case, however, for those select individuals that answered “yes” to two or more of the questions below we have a much higher probability of success.

    1. How long did they say the tour would be, and how long did it actually last. Once the three hour time is expended, there might have been coercion and it merits further investigation
    2. Was the maintenance fee mentioned during your presentation? If so, was it explained that the go up over time? Was there any discussion of how to offset the maintenance fee? If so, what was it?
    3. Was there a large emphasis place on purchasing while you were there on tour? Were you extended a “special, today only” deal? Did they tell you if you did not purchase today, you would not be able to ever purchase again? Were you “in the right place at the right time” for a recent foreclosure, etc.?

Do you qualify for a cancellation or refund due to Timeshare fraud practices?

    1. Were you given a discount because you were a teacher/firefighter/armed forces/retired etc.? How many people other than the salesperson did you speak to pertaining to your purchase?
    2. Was exchanging your property discussed? Was the fee mentioned for exchange? Was the annual fee to the exchange company discussed? (II,RCI) Were you told that getting your exchange would be guaranteed?
    3. Was there mention of how your deed would appreciate in value, and you could then sell it for a profit? Did anyone tell you that the timeshare company would buy it back at a later date?
    4. Were you told that purchase of your timeshare would be a good investment? That it, like most deeded real estate, it would increase in value?
    5. Was there mention that the location you were looking at was more valuable than other locations?
    6. Did anyone tell you that the ownership of timeshare could be written off as a tax exemption? Or that any of the fees related to said ownership could in turn be claimed? Were you asked to claim extra exemptions(s) on your taxes to generate money to pay for the timeshare?
    7. Were you lured to the presentation under the expectation of a free “breakfast/lunch/dinner” or a “owner’s update” or a “resort orientation”?

Do you qualify for a cancellation or refund due to Timeshare fraud practices?

  1. Were you specifically told about your right to cancel during your closing paperwork (number of days vary from state to state)? Did anyone attempt or try to modify that portion of the contract?
  2. For timeshare upgrades, were you accompanied by your significant other during the presentation? (If they were on the original deed)
  3. Were you told that your weeks, unit, points, etc. could be rented to cover the cost of maintenance, taxes, mortgage payment, or any other fees?
  4. Were you given the opportunity to examine ALL documents requiring your signature during closing, or were the documents EXPLAINED to you. Did the closing agent seem rushed or hurried in an effort to avoid potential questions? Were you given copies of all documents without you asking?
  5. Did anyone offer to assist you in selling/renting a previously owned timeshare?

 

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