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HIGH-RISK TIMESHARE EXIT STRATEGIES
IF THE EXIT COMPANY HAS ATTORNEYS ON STAFF, THEY HAVE LEGAL COUNSEL – YOU DON'T.
“These “staff attorneys” owe a duty of loyalty to the exit company that employs them (full time, part time, or per file) — and not to you.”
ADVOCACY GROUPS OR EXIT COMPANIES WITH “ATTORNEYS ON STAFF”
Often, such groups engage in the practice of sending “form letters asserting boilerplate claims that are meritless” in the words of one resort in a recent press release. That same resort stated, “Frequently, attorneys for the exit firms do not even appear in court to represent the customers they purport to represent.”3 The key word here is “purport” because in most cases they do not actually represent the client, which means the timeshare owner is not protected. The same referenced press release states the following: So there you have it in writing from a major timeshare resort developer. They might actually sue you—their own customer—if they feel your exit company is presenting a frivolous claim. This is an example of why you need real legal representation serving you and your interests, not an “attorney on staff” with a duty of loyalty to their employer. “...if a meritless claim is presented, (the resort) will not respond or negotiate with the exit firms and will instead vigorously seek to enforce its contractual rights, including but not limited to, filing suit in a court of law where appropriate.” 3
Many timeshare exit companies position themselves as “advocacy” groups or “consumer protection” groups that have attorneys on staff. At first glance, this might give you a sense of confidence. But if these attorneys aren’t representing you, the timeshare owner, directly, the fact that they have “attorneys on staff” or even work with a network of attorneys is irrelevant. To be clear, if the exit company has attorneys on staff, they have legal counsel—YOU DON’T. These “staff attorneys” owe a legal duty of loyalty to the exit company that employs them (full time, part time, or per file). In other words, these attorneys have a fiduciary duty to do what’s best for their client and their client is the exit company—not you. Promising an “attorney on staff” could cause consumers to be misled into believing the attorney is working for them when they are not. You should be suspicious of any company marketing to you in this way If you don’t have a letter of representation with an attorney, you don’t have legal representation looking out for YOUR interests. Consequently, these exit company attorneys may not be acting in your best interests, but rather in the best interests of the exit company.
Need To End Your Timeshare Ownership? Call The Timeshare Exit Hotline At: (877) 323-9923
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