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HGVC Contract Advice?

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This is related to my previous conundrum http://www.tugbbs.com/forums/showthread.php?t=241037, where I was offered to upgraded the penthouse yearly. Sadly as everyone recommended to cancel and as much as i wanted to, my hands are tied. Happy wife, happy life so they say.

Flashback to last night to our horror when we actually looked at the contract closely and realized, stated in our latest contract is a type VI 2 bedroom, instead of a type VII 2 Bedroom as in the original contract.

I emailed our counselor/rep immediately and have yet to hear back and I understand his priorities are probably on getting new customers.

It's almost tragic because we never had planned to purchase anything further and it's my fault that I had already purchased the las vegas reservation last year (would have expired in a few months). I could have sworn that there was nothing mentioned about having to attend a sales pitch when i bought it, but it was too late and i had bought it.

On our appt date, we already bought our Penthouse condo in Hawaiian Village, and wasn't looking for anything else. Another Rep came out and tried to see what we can do. After looking at our account and looking at his ipad, and discuss ways we can get to an elite level. One of the options was the availability of the penthouse for yearly. He even showed up on his Ipad because we said we were told it's almost impossible to see one when we signed our first contract. He agreed and said how it is a rarity that a penthouse is available. We weren't too interested at first because i told him our kids are in schools and it's getting imposible to pull them out for vacations.

I told him if he's heard about this hgvc bbs but he did and dismissed it. As part of the conversation, i told him i read somewhere on here that some of the penthouse has better oceanview and whether we can lock into a certain penthouse, but he said it doesn't matter because they all do. I also complained about the "new" pricing for the penthouse is a lot more than when we had bought and he brought up about how much in demand the penthouses are and how they appreciated. Even though we weren't interested, he offered to reserve the penthouse right away so we won't lose it.

Bottom line, I understand its our faults we didn't catch this when we signed the contract, but honestly, i wouldn't even know what to look for. I did try to look at the contract papers as they keep handing us papers to sign or to initial. I am naive and am hoping it was a typo and that there is some history/tracking on the rep account that he did try to reserve the penthouse for us. It was not a fun night last night with all the different emotions.

Has anyone advise on how we should proceed?
 

seagila

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Flashback to last night to our horror when we actually looked at the contract closely and realized, stated in our latest contract is a type VI 2 bedroom, instead of a type VII 2 Bedroom as in the original contract.

According to the HHV Lagoon Tower Disclosure Statement I have on file, The Type VI 2bd you now have annually is a 2bd Oceanfront Premiere unit vs. the Type VII 2bd Penthouse you previously had every other year.

The HGVC points you get for each type is the same - 9,600 points. But your current oceanfront unit will never be on the Penthouse. The best you can do when you book your Home Week is request the highest floor possible about two weeks prior to your arrival, as suggested by the veterans here. You can also try to reserve the 3bd or 2bd Penthouse units during Club Season, but you're competing against the rest of HGVC on penthouse units relinquished by owners of those types of units, which are few and far between.

If you had your heart set on a Penthouse unit and you're still within the cancellation period, then you should cancel. If it's too late, I'm not sure how much reasoning or arguing with the sales office will get you, even if you felt they misrepresented what you thought you were buying.

On the bright side, the oceanfront units are prime units with great views of the ocean and the best views if you get a unit on a high enough floor. It's just not the Penthouse, though.

I hope you find a good resolution to your situation.
 

Talent312

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So, if I understand this correctly...
Everyone here advised you to rescind, but despite such sage advise, you did not.

Now that it's too late to rescind...
1. The TS salesman is not going to help you - he's laughing on the way to the bank.
2. You can ask to trade-up. They will credit your purchase price & charge more $$.
3. You can use & enjoy what you bought (which isn't too shabby).
.
 
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Just to clarify, I'm not looking to rescind. Again, all the conversations were regarding the 2 BR penthouse when we upgraded. and Yes, we did not catch the discrepancy when we signed the contract.

I'm looking for advice on who to contact to appeal to their honesty and hopefully it was a simple paperwork mistake and if there's some history trail of the rep actually booking the 2BR penthouse during our meet that can collaborate with us.

I felt like a bait and switch if it was on purpose, but I sincerely hope not. I just not sure who to contact to start the talk.

Thanks for your time and advices!
 

Jason245

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Just to clarify, I'm not looking to rescind. Again, all the conversations were regarding the 2 BR penthouse when we upgraded. and Yes, we did not catch the discrepancy when we signed the contract.

I'm looking for advice on who to contact to appeal to their honesty and hopefully it was a simple paperwork mistake and if there's some history trail of the rep actually booking the 2BR penthouse during our meet that can collaborate with us.

I felt like a bait and switch if it was on purpose, but I sincerely hope not. I just not sure who to contact to start the talk.

Thanks for your time and advices!
You can contact your attorney. He can appeal to their legal department via a lawsuit.

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SmithOp

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HGVC King's Land 2BR Premier 23.040K Points.
Conversations are non-binding, you signed a contract and did not rescind in time. You could have rescinded and asked for a new contract with the inventory type you wanted. No use wasting time on an attorney.

The salesmans business card should be in your package, try calling him directly, but I doubt there is anything they will do now. You have a nice unit, learn how to use it.


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