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Ebay auction - question for all
- Thread starter timeflies
- Start date
Thats what I thought however, the seller, says that is my interpretation of it 
The whole paragraph:
6,000 Annual Club Navigo Points
(Use These Points at any Club Navigo affiliated Resort; Visit www.clubnavigo.com)
Home Resort Name: Liki Tiki Village
Location: Winter Garden, Florida
Unit/Week: 1251/31 (For Deeding Purposes Only)
Unit Size: Varies Based on Points (See Points Chart Below)
Usage: Annually Beginning 2011 (Points Issued 3/1, Annually and are good for 18 months)*
*There are currently 12,000 available points (6K from 2010; expiring 9/1/11 & 6K from 2011; expiring 9/1/12)
Maintenance Fees: $1,273.52 - Next Due 1/1/12 (Including Taxes & Club Dues) - PAID BY SELLER
Trading Company: Interval International - Premiere Resort
The whole paragraph:6,000 Annual Club Navigo Points
(Use These Points at any Club Navigo affiliated Resort; Visit www.clubnavigo.com)
Home Resort Name: Liki Tiki Village
Location: Winter Garden, Florida
Unit/Week: 1251/31 (For Deeding Purposes Only)
Unit Size: Varies Based on Points (See Points Chart Below)
Usage: Annually Beginning 2011 (Points Issued 3/1, Annually and are good for 18 months)*
*There are currently 12,000 available points (6K from 2010; expiring 9/1/11 & 6K from 2011; expiring 9/1/12)
Maintenance Fees: $1,273.52 - Next Due 1/1/12 (Including Taxes & Club Dues) - PAID BY SELLER
Trading Company: Interval International - Premiere Resort
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WKORV-OF (Maui)
WKV x2 (Scottsdale)
The good news is that eBay auctions are not legally binding. So unless you subsequently signed a written contract, you may back out of the deal with impunity. As may the seller.
PAID BY SELLER.....how else would one interpret that?
Maintenance Fees: $1,273.52 - Next Due 1/1/12 (Including Taxes & Club Dues) - PAID BY SELLER
Why would the buyer expect to pay them? If he/she had left off PAID BY SELLER, then it would be obvious that they would be due in 2012 and it would be the buyer's responsibility.
You've got a legitimate complaint if the seller doesn't provide this with MFs paid through 2012.
Maintenance Fees: $1,273.52 - Next Due 1/1/12 (Including Taxes & Club Dues) - PAID BY SELLER
Why would the buyer expect to pay them? If he/she had left off PAID BY SELLER, then it would be obvious that they would be due in 2012 and it would be the buyer's responsibility.
You've got a legitimate complaint if the seller doesn't provide this with MFs paid through 2012.
vckempson
TUG Member
What other interpretation of "PAID BY SELLER" is there? I'm not being facetious, either. What is the seller saying he meant by that?
Imretiredarmy
TUG Member
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It is an ironclad statement.
Who knows what the seller thinks. He called me today after I filed a complaint with ebay. He was not very nice and sounded condescending. Needless to say, I will never buy from that company again. They recorded the wrong deed to begin with. I brought that to their attention and it was fixed. However, this beats all I have ever seen. It's not like I'm asking for them to do something that wasn't listed in the ad. I just want them to honor the ad.
The deed has already been recorded and the transfer is complete. I didn't know about the seller not paying the 2012 fees until yesterday when I called the resort to check on points, etc. As far as a contract, I did sign something after I won the auction. I don't really remember. I have had my hands full here. We have had a lot of bad weather, tornados. I have had trees on my house. My computer was fried in the storms. It has been really crazy around here. I'm just not very happy with this company.
The deed has already been recorded and the transfer is complete. I didn't know about the seller not paying the 2012 fees until yesterday when I called the resort to check on points, etc. As far as a contract, I did sign something after I won the auction. I don't really remember. I have had my hands full here. We have had a lot of bad weather, tornados. I have had trees on my house. My computer was fried in the storms. It has been really crazy around here. I'm just not very happy with this company.
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itisme
TUG Member
Reading the ad, what the seller wanted to say is maintenance fee for 2011 was paid by the Seller and the buyer does not need to reimburse. Next maintenance due for the buyer is 1/1/2012 for 2012.
However, what seller did say will be interpreted by most as Seller has already paid the 2012 maintenance fees.
This sounds like an eBay seller with issues.
When one of these sellers comes to light, it's good to share it with the forum so that this seller can be avoided. The seller should pay the 2012 fees or refund your your money and take the deed out of your name. You need to determine though what the contract actually said. If it indicated that the buyer would be responsible for the 2012 fees, then the listing isn't going to carry much weight. However, there are eBay sellers that do guarantee what they listed and stand behind it. This doesn't sound like one of them. You might find others have experienced issues with this seller.
I am sorry to hear about your struggles. I'm sure you don't need the misery of dealing with this timeshare purchase also and it not being what you thought it was. Best wishes and I hope things get better for you soon.
When one of these sellers comes to light, it's good to share it with the forum so that this seller can be avoided. The seller should pay the 2012 fees or refund your your money and take the deed out of your name. You need to determine though what the contract actually said. If it indicated that the buyer would be responsible for the 2012 fees, then the listing isn't going to carry much weight. However, there are eBay sellers that do guarantee what they listed and stand behind it. This doesn't sound like one of them. You might find others have experienced issues with this seller.
I am sorry to hear about your struggles. I'm sure you don't need the misery of dealing with this timeshare purchase also and it not being what you thought it was. Best wishes and I hope things get better for you soon.
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Sorry to hear of your troubles. I'm sure that this issue only adds to your annoyance.
IMHO, its important to know what your contract (the document you signed) says on this issue. It will trump whatever the ad said. If its consistent with the ad, you can throw that at them, but if it contradicts the ad, your goose is cooked. The ad is mere puffery; the contract controls.
I'm not trying to defend what these people did, but merely suggesting that, ads should be taken for what they are: Puffery. What's important is what's in the contract and deed.
IMHO, its important to know what your contract (the document you signed) says on this issue. It will trump whatever the ad said. If its consistent with the ad, you can throw that at them, but if it contradicts the ad, your goose is cooked. The ad is mere puffery; the contract controls.
I'm not trying to defend what these people did, but merely suggesting that, ads should be taken for what they are: Puffery. What's important is what's in the contract and deed.
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I have bought many times from these guys. Fortunately, I've had no problems.
I've never had a problem with them selling me something different than what I purchased, so I have no experience with them in this area.
The Contract, as stated by Talent312, will trump whatever the ad said. If you signed it, you agreed to what was in it, nothing more, nothing less. Hopefully, it says the same thing as the listing.
I've never had a problem with them selling me something different than what I purchased, so I have no experience with them in this area.
The Contract, as stated by Talent312, will trump whatever the ad said. If you signed it, you agreed to what was in it, nothing more, nothing less. Hopefully, it says the same thing as the listing.
I just remembered that the contract was done thru docusign. So I went and pulled it up online. The contract had the incorrect deed listed. It was for the first deed they recorded which was the wrong one. They never did a second contract. Also the contract only says:
Assignor/Seller discloses current yearly maintenance dues/fees & taxes to be approximately: $1,273.52 (including club dues). Seller
paid 2011 fees - Next due 1/1/12.
So it never said that the buyer was responsible. Also, it is for the wrong deed. That is how incompetent they are with their deeds.
Assignor/Seller discloses current yearly maintenance dues/fees & taxes to be approximately: $1,273.52 (including club dues). Seller
paid 2011 fees - Next due 1/1/12.
So it never said that the buyer was responsible. Also, it is for the wrong deed. That is how incompetent they are with their deeds.
vckempson
TUG Member
I would take issue with the contract trumping the listing.
You'd really have two contracts,
1. The auction whereby the listing is the "offer' and the winning bid is the "acceptance".
2. The documentation, which is to be nothing more than confirmation of the auction.
I'm not a lawyer but I certainly wouldn't accept it a fait accompli if the written contract is different than the listing. Based on what the OP said about the contracts, the seller doesn't have a leg to stand on. The original written contract is ambiguous, and the seller didn't complete a conrrected contract for the proper week. It would seem the ONLY contract in existence is the ebay listing and purchase. If there were two different contracts, that's a bit like bait and switch, which is Illegal.
To the OP, when you did you send in the payment or deposit? Was it at the close of the auction or after you were sent a written contract? If it was at the close of the auction, then the consideration uniquivocally confirms the auction contract.
You'd really have two contracts,
1. The auction whereby the listing is the "offer' and the winning bid is the "acceptance".
2. The documentation, which is to be nothing more than confirmation of the auction.
I'm not a lawyer but I certainly wouldn't accept it a fait accompli if the written contract is different than the listing. Based on what the OP said about the contracts, the seller doesn't have a leg to stand on. The original written contract is ambiguous, and the seller didn't complete a conrrected contract for the proper week. It would seem the ONLY contract in existence is the ebay listing and purchase. If there were two different contracts, that's a bit like bait and switch, which is Illegal.
To the OP, when you did you send in the payment or deposit? Was it at the close of the auction or after you were sent a written contract? If it was at the close of the auction, then the consideration uniquivocally confirms the auction contract.
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If you paid by credit card, I would dispute the payment
Hopefully, you can work this out with them directly since it sounds like this was one big screw-up on their part. They should honor your request for a refund since they messed up big time in their listing. Get all your documents together and dispute this with your credit card company. I believe your CC company will support you on this one.
Hopefully, you can work this out with them directly since it sounds like this was one big screw-up on their part. They should honor your request for a refund since they messed up big time in their listing. Get all your documents together and dispute this with your credit card company. I believe your CC company will support you on this one.
It doesn't matter how much you paid for it. That's not the big issue, obviously.
It's that hefty maintenance fee that you're looking at in about 6 months that you weren't expecting. You probably won't get The Guys to pay that, but perhaps you can work with them and get this undone. Some times you have to play nice to get what you want. Hopefully, it hasn't turned into an angry mess and you can reason with them. Was there any other interest in the auction or were you the only bidder?
Yeah, it's not going to hurt them too much on that $50 being disputed. You need that thing out of your name. Good luck.
It's that hefty maintenance fee that you're looking at in about 6 months that you weren't expecting. You probably won't get The Guys to pay that, but perhaps you can work with them and get this undone. Some times you have to play nice to get what you want. Hopefully, it hasn't turned into an angry mess and you can reason with them. Was there any other interest in the auction or were you the only bidder?
Yeah, it's not going to hurt them too much on that $50 being disputed. You need that thing out of your name. Good luck.
There were no other bids. It had been on ebay for a long time. I thought they just wanted to get rid of it very badly so they agreed to pay the 2012 fees.. Thats the only reason I bought it. Did they put that in that in the ad with no intention of paying the 2012 m/fs? Did they plan to do a bait and switch? I have no idea but it sure looks like it to me.
I asked very nicely yesterday about the fees and then again this morning. Then that jerk called me and got smart. They are so incompetent that they can't keep their deeds straight.
I asked very nicely yesterday about the fees and then again this morning. Then that jerk called me and got smart. They are so incompetent that they can't keep their deeds straight.
california-bighorn
TUG Member
Obvious mistake
I don't know anything about the seller so I'm not defending him and I would also not appreciate him getting smart or whatever on the phone. Yet, when I read the initial posting, it seemed obvious to me the part about the 2012 MFs being paid by the seller was a mistake. I might expect the 2011 MFs were already paid and need not be reimbursed, but not the 2012 MFs. I would think in a situation like this it would make sense to contact the seller prior to purchasing to clarify the issue, especially since it was not a hot item, had been listed for a while and wasn't going to go anywhere. If this was something I really wanted to buy, I would be glad I got it for $50 and I would expect to pay the MFs in 2012 when I would be using the resort.
I don't know anything about the seller so I'm not defending him and I would also not appreciate him getting smart or whatever on the phone. Yet, when I read the initial posting, it seemed obvious to me the part about the 2012 MFs being paid by the seller was a mistake. I might expect the 2011 MFs were already paid and need not be reimbursed, but not the 2012 MFs. I would think in a situation like this it would make sense to contact the seller prior to purchasing to clarify the issue, especially since it was not a hot item, had been listed for a while and wasn't going to go anywhere. If this was something I really wanted to buy, I would be glad I got it for $50 and I would expect to pay the MFs in 2012 when I would be using the resort.
Dave M
TUG Lifetime Member
As stated above, the contract you signed is what controls, not the ad. You stated that the following wording is in the contract:
Although you stated that the contract has no wording stating that you are responsible for those fees, it's standard that once title passes, the new owner is responsible for all ownership costs, unless there is contract language stating otherwise.
I'm sorry for the misunderstanding and that you feel victimized. Your experience is proof that it pays to read contracts carefully and to ask questions if there is any wording in the proposed contract that is unclear to you.
Since it's clear the 2012 fees have not been paid and you signed a contract to that effect, you have no legitimate claim unless the contract also has a statement that the seller promises to pay the 2012 fees. It appears that the contract contains no such promise.
Although you stated that the contract has no wording stating that you are responsible for those fees, it's standard that once title passes, the new owner is responsible for all ownership costs, unless there is contract language stating otherwise.
I'm sorry for the misunderstanding and that you feel victimized. Your experience is proof that it pays to read contracts carefully and to ask questions if there is any wording in the proposed contract that is unclear to you.