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HIGH-RISK TIMESHARE EXIT STRATEGIES
Many of my clients have shared with me that the resort told them it was, in fact, their fault for relying on the “oral representations” of sales representatives and referenced the “license to lie” provision that my clients unwittingly signed. The resorts seem to rely on the idea that their representatives can say whatever they want—even false and misleading statements. Whether or not this holds up in court is another matter.
Further, resort representatives have been known to write down aspects of their discussions on a piece of loose paper with their initials next to their words in a veiled attempt to alleviate concerns and legitimize their claims. Below is an example of a resort’s contract provision, which purports to condone this behavior “This Agreement supersedes any previous understandings and agreements between Buyer and Seller and, together with the Membership Documents, represents the entire agreement between Buyer and Seller. No previous representations or inducements not included in this Agreement shall be of any force or effect and Buyer acknowledges that Buyer is not relying on representations other than those included in this agreement and the Membership Documents" Again, resorts often use clauses like this to evade liability arising from their sales team using false or misleading written or verbal statements to sell you the timeshare interest.
The inherent danger is this: These agreements are not short nor easy to read. Most people do not have the opportunity to read them fully or closely, either themselves or with their own legal counsel, before signing. Because of this, most owners did rely on what the resort representatives described to them—and why wouldn’t they? Isn’t the representative’s job to truthfully help you better understand what you are purchasing to make the buying process easier and more effective for everyone involved? Isn’t that what we believe our laws are designed to ensure—truthful sales pitches? Yet, time and time again, many timeshare owners are confused about what they actually purchased because they were misled by their representative and failed to read and understand their contracts. And, just as important, it’s not only what they did tell you that matters, but also what they may not have told you (or intentionally omitted) about your timeshare before purchasing.
IN SUMMARY, Going back to someone with a “license to lie” (and who is financially incentivized to do so) and expecting them to treat you with fairness is a bad idea.
Need To End Your Timeshare Ownership? Call The Timeshare Exit Hotline At: (877) 323-9923
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