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 My husband and I recently sold out timeshare because we could no longer afford it. We have a new baby on the way and there was no way the monthly cost of the timeshare could be paid. Anyway, we completed the deed transfer and its under a new owner's name. The new owner stopped making payments and now Silverleaf is coming back trying to collect from us. After the deed change and reading the contract it doesn't state anywhere in there that if the new owner defaults it will fall back on us. Even further it states that the promissory note and terms of the agreement are now the responsibility of the new owner. Can they do this? Can they place a foreclosure on my credit even though it states no where in their deed transfer that the terms would fall back on us in the vent of default from the new owners? Also, even before I completed the deed transfer I asked a rep of theirs if this cleared me from the terms of the agreement and any money owed. This rep stated 'yes'. I would have never paid my $250 to transfer the deed had I known they would try to come back and collect from me. Please help. Will the aid of a lawyer help out?
Also, I tried calling Silverleaf and the rep I spoke with was rude and obnoxious. I even had to ask her to calm down because she was just being sarcastic and telling me to 'bring it'. I told her she was being confrontational and that I just wanted to resolve the issue but she continued. When I' asked her the question regarding to where in the contract it stated the terms would fall back on me she just said read your contract. I advised her that I did several times and if she could help me out I'd appreciate it. Well, she said she didn't have time to read the contract but she worked in the legal dept. She asked to send me a copy of the contract and I said I had copies but if she could just tell me where it says about default. I even asked if they could send me out a copy and highlight where it states that. She said no but they would just send me out a copy. When I had another questions she simply replied with 'is that it'? She would not even help me. Is this legal for her to do this when I'm trying to resolve the issue calmly? If needed I'm willing to contact the local news media and file complaints against them at every organization I can. I'd rather not do all of that and just settle the issue. Will they accept the deed in lieu of foreclosure? They got over $3k of my money and I didn't use the timeshare once. Please help.
Thanks in advance for your help,
Tammy
Answer Tammy,
Good question. This is more of a legal question - but let me give you my opinion. First, I will assume you notified the resort of the transfer and I will assume that the deed was recorded in the new owner's name.
I don't think they can do a thing. I fully understand your reluctance to go the way of complaining - it's just a pain. However, sometimes you must. I have not heard good things about Silver Leaf - but I don't think they will report this on your credit.
What I would do is make one more attempt to call them. This time, first ask for the exact name and spelling of the person you are speaking with - record the date and time - and the general nature of the conversation. Now, if you do not get resolution, then I would write a letter, return receipt requested (proof of mailing) and state you will take the following actions if this is not resolved satisfactorily within 7 days. The list is below, pick and choose accordingly (not all items pertain to your case). In the letter, name the persons you spoke to, when you spoke to them, and the result of the conversation. I would make three or four copies and send to the attention of various departments at Silver Leaf (legal, sales, etc.). 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.
