What do you think

I recently purchased a 2nd week at the Fort Lauderdale Beach Resort. I already own 1 week and bought a second week so we would have the option of going 1 week or 2 or renting, or trading etc.

Because we are already going this year for the original week we own we thought we ould offer the new week to our friends. They could not go and I figure it was too late to rent or trade I decided I would go for the first week and my wife and daughter would join me for the 2nd week. I called the resort and asked what would I need to ensure I could use this 1st week since I would not have the deed in time. It was good thing I did because they told me the previous owner had submitted the week to RCI as a trade. They told me this would have to be resolved before anything could happen. I called the selling agent and they were shocked to learn this about the owner since part of my closing costs included paying the 2007 maint fee. They called me back and said the week could not be gotten back and they would refund the 2007 maint fee to me. I agreed, but now have been thinking about it. They assured me when I made the purchase the week would be available to use this year, they were unaware what the previous owner had done. Should I ask them for some type of compensation, does that sound fair or just getting back my maint fee payment is good enough.

I purchased the unit at a good price and through a big selling company who I do not want to mention.

What do you guys think

Ben

I think the fair thing would be for them to find you comparable lodging and pay for it. I doubt the maintenance would be enough to cover that.

They made a mistake and they are now making it right by refunding the maintenance fee promptly. That seems like a reasonable solution to the problem.

You could insist that they buy your week back and return your money since it was "through a big selling company." Shouldn't this have come out during closing?

I had the same thing happen with an auction I won on ebay, but I found out early on that the owner had deposited the 2007 week with RCI and "forgot" about doing it. Since he was using a reseller, I got the impression that he thought he could play ebayer's for fools.

Estoppel letter would have revealed this

Sounds like you missed the estoppel letter part of the closing.

I think getting a refund of the 07 mf is fair enough.

See below.

This all came out within 2 days of me starting the closing process. I found out on my own when I phoned the resort to check on booking the unit. I only put my offer in last Thursday and by Friday afternnon I discovered the week had been deposited.

Ben

I'm confused. In your original post you say that you 'recently bought a second week' but in the post immediately above this one you say you discovered the problem at the start of the closing process. If you only put the offer in on Thursday the sale couldn't possibly have been completed by Friday morning.
What is the actual situation??

I guess I should have said I just purchased a 2nd week. I only bought it on Thursday and discovered the situation about the unit not being available on Friday when I talked to the resort. Sorry for any confussion.

Ben

Completing the closing by a week 8 or 9 use date would have been very unlikely anyhow.