Previous Owner used my 2010 week....

I recently helped my father purchase his first TS. He purchased through EBAY with laman34. He got an EOY (Even) 1 BR deluxe at SDO. Got it for little to nothing ($124 Bid, $326 for 2010 MF, and $25 for Resort transfer) Seller paid closing costs. Escrow was done by Timeshare Closing Services.

Contract was signed on 2/2/10. He offically closed on the deed about 4 weeks later.

My father decided to setup an II account this past weekend and deposit his SDO week. Upon calling SVO, he was told he didn't have usage until 2012. I ended up gettng on the phone with the rep and said his contract stated first usage in 2010 and that he had paid 2010 MF. Also, my father has two messages on his answering machine from Starwood letting him know they would be happy to help him setup his first stay at SDO in 2010.

It was the weekend and the resolution rep was not in until Monday... so SVO calls my father on Monday and says the previous owner had traded his 2010 SDO week for a SVO resort in Florida for March of 2010.

Now what? Do we ask for our money back on the whole deal? Do we call the closign compan? Laman34? Do we ask for our MF's for 2010 to be refunded or at least credited for 2011?

Suggestions?

bryanphunter said:

I recently helped my father purchase his first TS. He purchased through EBAY with laman34. He got an EOY (Even) 1 BR deluxe at SDO. Got it for little to nothing ($124 Bid, $326 for 2010 MF, and $25 for Resort transfer) Seller paid closing costs. Escrow was done by Timeshare Closing Services.

Contract was signed on 2/2/10. He offically closed on the deed about 4 weeks later.

My father decided to setup an II account this past weekend and deposit his SDO week. Upon calling SVO, he was told he didn't have usage until 2012. I ended up gettng on the phone with the rep and said his contract stated first usage in 2010 and that he had paid 2010 MF. Also, my father has two messages on his answering machine from Starwood letting him know they would be happy to help him setup his first stay at SDO in 2010.

It was the weekend and the resolution rep was not in until Monday... so SVO calls my father on Monday and says the previous owner had traded his 2010 SDO week for a SVO resort in Florida for March of 2010.

Now what? Do we ask for our money back on the whole deal? Do we call the closign compan? Laman34? Do we ask for our MF's for 2010 to be refunded or at least credited for 2011?

Suggestions?

Click to expand...

I think the best you will get is the MF back for 2010. However, since he was excited about using it, and thought the cost was minor, this will be a small concession. Screw the previous owner for that! I would harass that guy (his name should be on some of the paperwork) and make him give you something else also. What a jerk for doing that.

I would either insist on getting the 2010 maintenance fee back, or canceling the whole deal. Hopefully, he paid with a credit card?

If purchased on ebay, and hopefully paid with PayPal, I believe that you have 45 days to cancel the transaction as goods not received as described.

Negotiate hard or cancel....

strandlover said:

If purchased on ebay, and hopefully paid with PayPal, I believe that you have 45 days to cancel the transaction as goods not received as described.

Negotiate hard or cancel....

Click to expand...

He bought it in February.

Rotten deal for your dad, but Laman34 with refund the maintenance fees, if this is all correct. Or he can give you use of another week, too. The thing is, the deed won't have the true former owner's name on it. It will be in the name of the person holding POA. You can do a three-way call with the previous owner, possibly.

Way past cancel opportunity

strandlover said:

If purchased on ebay, and hopefully paid with PayPal, I believe that you have 45 days to cancel the transaction as goods not received as described.

Negotiate hard or cancel....

Click to expand...

If the deed is already recorded the 45 days and any chance of "just canceling" are long gone (they would have to pay a new closing cost to "give" it back).

Get the 2010 Annual fee back & use it to rent a place for 2010. Assuming they can get that it should be pretty much a wash. The tough part will be getting the old owner to cough up the cash. Their leverage is near zero.

If your Father really wants this TS and does not mind giving up usage for 2010, try asking Starwood if they would credit the 2010 MFs that he paid toward 2011. If they do, make sure you get a receipt stating this occurred.


Cheers!

NWL said:

If your Father really wants this TS and does not mind giving up usage for 2010, try asking Starwood if they would credit the 2010 MFs that he paid toward 2011. If they do, make sure you get a receipt stating this occurred.


Cheers!

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He reimbursed the fees to the seller, not to Starwood. The seller should have made sure the past owner hadn't used the week. It's his responsibility to refund the money.

rickandcindy23 said:

He reimbursed the fees to the seller, not to Starwood. The seller should have made sure the past owner hadn't used the week. It's his responsibility to refund the money.

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Sorry. I assumed the MFs went to Starwood.

Cheers!

Give Mike a call,

Vininc is great about taking care of these things. I would ask for a week rather than the annual fee. Why? Because somebody paid the 2009 and 2010 annual fees for the 2010 week, so receiving a refund of the 2010 is worth only half what the use week is worth.

jmho,

Greg

bryanphunter said:

I recently helped my father purchase his first TS. He purchased through EBAY with laman34. He got an EOY (Even) 1 BR deluxe at SDO. Got it for little to nothing ($124 Bid, $326 for 2010 MF, and $25 for Resort transfer) Seller paid closing costs. Escrow was done by Timeshare Closing Services.

Contract was signed on 2/2/10. He offically closed on the deed about 4 weeks later.

My father decided to setup an II account this past weekend and deposit his SDO week. Upon calling SVO, he was told he didn't have usage until 2012. I ended up gettng on the phone with the rep and said his contract stated first usage in 2010 and that he had paid 2010 MF. Also, my father has two messages on his answering machine from Starwood letting him know they would be happy to help him setup his first stay at SDO in 2010.

It was the weekend and the resolution rep was not in until Monday... so SVO calls my father on Monday and says the previous owner had traded his 2010 SDO week for a SVO resort in Florida for March of 2010.

Now what? Do we ask for our money back on the whole deal? Do we call the closign compan? Laman34? Do we ask for our MF's for 2010 to be refunded or at least credited for 2011?

Suggestions?

Click to expand...

Just got off the phone with Vacation Innovations and they were very good and understand the frustration my Dad is feeling. They are checking into things and will get back to me. I'll keep you posted.

aliikai2 said:

Vininc is great about taking care of these things. I would ask for a week rather than the annual fee. Why? Because somebody paid the 2009 and 2010 annual fees for the 2010 week, so receiving a refund of the 2010 is worth only half what the use week is worth.

jmho,

Greg

Click to expand...

Agree completely. I'm sure once this issue is communicated to VIN Inc. this will get resolved to the buyers satisfaction.

JMAESD84 said:

Agree completely. I'm sure once this issue is communicated to VIN Inc. this will get resolved to the buyers satisfaction.

Click to expand...

Now that's the best answer of all! Get them their use & have a happy buyer. Perfect outcome.

I Purchased a week from Holiday in October and it took forever to close. I told my agent I had no intention of using 2010 week and didn't want to pay maintenance for 2010 but they insisted that was only way they would sell the week. As I was getting closer to fixed week I had purchased I told them I needed to close since I wanted to rent out week. She said no problem as they would get the reservation for renter once I found one. I had several offers but declined because I wanted more for the week. Finally I called Holiday since I fortunately didn't rent it out but wanted week deposited in my II account before flexexchange period as it was already at about 95 days before check in and was going to try and exchange back into resort for January 2011. My agent then called me and said that the previous owner also paid the 2010 maintenance fee and banked the week with II. I was really PO'd and glad that I didn't rent out the week with someone buying expensive airline tickets this could have been a total disaster. After discussing several remedies they informed me that they still had not mailed in the 2010 maintenance fee to the resort and reimbursed me in full for the maintenance and my usage will start in 2011.

Larry, I'm glad it worked out in your favor. What a mess this can be.

Yes and it would have been a disaster if someone rented this and bought airfare for an entire family to Aruba. I never rent out my weeks until all transfers are completed and didn't feel comfortable trying to rent it out but Holiday had a POA for the week and they told me that after everyone signed contracts which was completed (and clearly indicated that usage for the week started with 2010) they said they would have no problem getting the reservation in my renters name.

What they later found out as did I, the prior owner contacted the resort and had the week deposited in their II account by paying the 2010 maintenance which Holiday was still holding on to with all of the transfer papers because their transfer department was back logged. They told me they would get the week back from the previous owner's II account but after waiting two more weeks I just told them to give me back the maintenance fee which they did.

Sometimes the things people try and get away with is unreal. I wanted to sue the previous owner for breach of contract but after I cooled down realized it just wasn't worth it.

aliikai2 said:

Vininc is great about taking care of these things. I would ask for a week rather than the annual fee. Why? Because somebody paid the 2009 and 2010 annual fees for the 2010 week, so receiving a refund of the 2010 is worth only half what the use week is worth.

jmho,

Greg

Click to expand...

Well.... I just got off the phone with Vin Inc. and they gave options of getting a free week somewhere using their RCI points or getting the 2010 MF refunded.

My Dad decided to just get his money refunded.... simple and painless.

And if Dad is happy

All is well.


Greg

bryanphunter said:

Well.... I just got off the phone with Vin Inc. and they gave options of getting a free week somewhere using their RCI points or getting the 2010 MF refunded.

My Dad decided to just get his money refunded.... simple and painless.

Click to expand...

I am glad to hear that VIN stands behind what they sell, since 3 of the 4 I purchased on Ebay were from them. Everything I have received from them, from emails to documents, has been nothing but professional. I have curiosity as to how they have so much inventory to sell, but since I have less than $100 invested total, it is a minor curiosity at best

I am glad to see, in this business, that there are people/companies out there with good ethics that will stand behind their transactions.

MJ