About Andreas Rossler Expertise I'm able to answer general questions on timeshares and specifically in regard to purchasing, renting or exchanging timeshares on the secondary or resale market and through the Internet. I have expert knowledge in sales, mechanics (how and why timeshares work), and timeshare exchanges.
I am also well versed in timeshare financing and may be able to guide you to better financing or refinancing options for your timeshare purchase.
If you ask questions of a legal nature, or those requiring tax advice - I may not be able to answer fully.
Experience I have 10 years of industry experience in sales, management and processing. I'm currently CEO of Timeshare Village, a resource for timeshare owners and industry professionals.
Organizations Mensa - Life Member
Publications I have been interviewed by Channel 7 News in the Bay Area of California regarding my opinions on Worldmark, the Club timeshares as developed by Trendwest-Wyndham Resorts.
Education/Credentials MBA - Master's in Business Administration
BS - Mathematics
BA - Economics
California Real Estate Broker
Time-Shares - Canceling a timeshare contract before even paying the 10% down
Expert: Andreas Rossler - 10/17/2007
Question I attended a timeshare lecture in mid-August, and was talked into signing up for the minimum plan, based upon being told that if I walked, I would never be able to get the plan again with bonuses and whatnot. As I did not have 1500 dollars I could drop at the time, as I was on a medical leave from work, due to a workplace incident, though I was about to go back to work, I was told that I could finance the 10, and then get back into the regular payments from there, at that point taking ownership after the 10 was paid. A few weeks after the lecture, I was told by my doctor that I would not be returning to work, and that I had to go through another painful surgery, and could not afford to make the payments on the 10. I called the resort company, and they informed me that I was past the cancel date, and I could not do anything about it. I reluctantly paid the first payment, and now I am running into the same problems again, and they are completely unwilling to work with me at all. I have only put down 2 payments on the 10
own payment, and I am wondering if there is any way out of this for me, as I cannot pay this and my medical bills at the same time...Thanks
Answer They will never tell you what the options are - however, in a certain sense they lied to you. By saying you could never get this timeshare if you walked - I seriously doubt it. After all, wasn't one of their selling points that if you no longer wanted it, you could sell it? Hence isn't logical to conclude that perhaps there are other owners out there who would like to sell? Did they inform you of the resale market? I would suggest that you start to scream, and scream loud. I will give you a list of actions you can take (not everything on the list is appropriate - so pick and choose accordingly). Here are your main talking points:
1. I will assume you told them you were on medical leave and that you may or may not go back to work. The pressured someone into buying that they knew would most likely default.
2. They lied by telling you that you could never get this timeshare again (by the way, this is a psychological ploy in order to build urgency - for the most part, if you were to come back the next day, they would gladly sign you up).
3. You simply can't afford it. It will take food off the table.
When dealing with the company, let them know that you were lied to - that is most important.
I would draft a letter and send it registered mail. Tell them you have no intention of making any more payments (and don't) and that this is a case misrepresentation and fruad. Then reproduce the list below and tell them you plan on taking these actions if they do not follow up with 7 business days. Let them know that if they satisfactorily respond on the 8th day, it will be too late and you will proceed anyway. Here is the list:
1. The Attorney General. You should file a complaint with the Attorney General where the company is headquartered, the state where you purchased, and your home state. Here is a good site where you can link to Attorney General complaint forms online: http://www.fair-debt-collection.com/attorneys.html
2. See if the company is listed with the Better Business Bureau; file a complaint with the BBB. Here is their online complaint form: http://www.bbb.org/complaint.asp
3. A good site is the Rip-off Report. Be careful when writing up a report on that site – state the truth and nothing but the truth. This site is caught by search engines, so be sure to use the company name. Here is their site: http://ripoffreport.com/
4. Complaints.com is similar to Rip-off Report. Here is their website: http://www.complaints.com/ (#3 and #4 have a simple purpose, to get the company’s name to show up on search engines. This is the worst possible publicity and can cause the loss of an untold amount of business).
5. The FTC (Federal Trade Commission). They are very much interested in hearing about shady timeshare developers or rip-offs. The reason being that most timeshares solicit individuals via the telephone. Here is their online complaint form: https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01
6. For reference purposes, you may want to check out the National Association for Members - http://www.natlassoc.org/ - lots of good stuff.
7. If a lawyer or other professional (CPA) was involved in the transfer or escrow process, you may be able to file a complaint with the state bar or other professional organization they belong to – depending on the nature of your situation.
8. Report the company to the state agency that regulates real estate. It is best to do a Yahoo search like this: “Florida Department of Real Estate”. You could however start here and drill down to the right website: http://www.usa.gov/Agencies/State_and_Territories.shtml
9. If your situation involved a credit card purchase and you’re not getting your refund, definitely call the credit card company and find out their policy on filing a complaint.
10. File complaints with State, County and City Consumer Protection Offices. Here you’ll find a list of all of them: http://consumeraction.gov/state.shtml
11. File a complaint with the National Consumer’s League Fraud Center. Here’s the web site: http://www.fraud.org/
12. File a Complaint with the National Association of Consumer Advocates. Here is their website: http://www.naca.net/
13. Small Claims Court. What’s good about small claims is that it is easy and can cause huge head aches for the company.
