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
Question In 2005 I purchased a time-share package, (its a travel service program called Florida Sports and Recreation. About 5 days later I went to the Bahamas and decided to buy a time share there and to cancel my Florida Sport and Recreation package. The Bahamas time share people mailed my cancellation letter, but Florida Sport and recreation is claiming that they received the cancellation on the 10th day, and that I only had 7 days to cancel. The Bahamas time share people said that state law gives people more than a 7 day period to cancel. What is the law regarding cancellation. Am I liable for the amount they are saying I owe even though I cancelled and never used the service? What can I do to defend my position in this case?
Answer A couple of issues are in play. One, is this package registered as a timeshare in Florida (this is a homework question for you - look at your contract). If it is a timeshare, then Florida Timeshare Cancellation Laws do apply (assuming you signed and purchased in the state of Florida). Below is the law as of 2007:
Florida Statues 721.06(3)
3. You may cancel this contract without any penalty or obligation within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida Statutes, whichever is later. If you decide to cancel this contract, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to (Name of Seller) at (Address of Seller) . Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10-day cancellation period, is prohibited.
So... you have 10 days to cancel, and it is effective on the date SENT not received (so if you could prove you sent it on the 8 th day for example, but they received it on the 13th day - it is still a valid cancellation).
Since you mentioned that the timeshare company did receive the notice, but are claiming they did not receive it in time, I will assume it was mailed to the correct address.
In other words - you are absolutely within your right to cancel. This company is playing games and lying to try to keep you obligated. This is a violation of the law and a big NO-NO. Keep in mind, if this is not a registered timeshare, then timeshare cancellation does not apply (but I am sure it is registered as either a timeshare or vacation ownership plan).
I would contact the company again - but be firm. Tell them that they have 5 calendar days to give you a FULL REFUND, or you will take the actions I list below. Be VERY forceful. Explain that if you do receive the money on the 6th day, thank you, however you will still take the actions listed.
You may want to do this via registered mail. You can try the phone, but I doubt it will be as effective.
Here is the list of actions you can take (please note, not all these actions are appropriate to your case, pick and choose accordingly):
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.
