Ever buy an insurance policy?
It's the fine print, exclusions, exemptions, riders, riders on the riders, etc, etc, that always manage to deny you what you think you are paying for.
How about a mutual fund? Read the prospectus? Understand it?
There are numerous examples of the written word parting people from their money in ways they did not expect.
Consumer protection laws, State Insurance Commissions, SEC Regulations, exist in the same way that State Departments of Real Estate do.
Timeshare developers are also licensed real estate brokers.
Sales reps are licensed agents employed by the broker.
Willful misrepresentation is a crime.
Despite extensive written disclosures, acknowledged (initialed) by the buyer, many consumers feel victimized when they discover that the disclosures were in fact true!
There is no question whatsoever that timeshare buyers are oftentimes intentionally misled in a verbal presentation. Most often it takes the form of representing the hypothetically possible as routinely doable.
The suggestions here for additional laws to protect buyers won't accomplish their intended purpose, IMHO.
The law that will likely emerge is the law of unintended consequences.
Video taping? On the surface it sounds great. Use the thief to catch the thief.
Oh, really?
I urge those who advocate this approach to consider several practical matters. Not the least of which is to realize that a timeshare presentation is the highest form of the sales art in existence, bar none. It is not a fly by night, crude, and bungling process. Don't let the image fool you.
The only thing it will accomplish is take away any claim the consumer could otherwise hope to have.
Don't believe it?
Once video recording is introduced, the presentation will tailor itself to it.
It also creates its own opportunity for abuse. How would you like to have your "private" deliberations being viewed by the closer?
Also, words mean things when a complaint is filed.
The following makes my point.
Branded timeshares ALWAYS include in their pitch something like: "the only way you can take advantage of all the features, and receive all the value potential our product has to offer, is to buy it directly from us".
The statement is made, and received, as a benefit. Most assume it is made to distinguish it from a resale. To give the buyer a reason to purchase from the developer.
But timeshare presentations are more sophisticated than that.
It is actually a disclosure that says the buyer cannot sell what they bought. Yet, buyers do not hear that part.
Want to sell a negative? State it as a positive.
Anyway, you get the idea. You don't want presentations recorded.
Real misrepresentations have remedy in existing law.
Buyers can and should become better informed consumers.
Adequate protections already exist for backing out of a high pressure sale, made under duress. A 7-10 day cooling off period is plenty for those who are simply uneasy with their decision for no specific reason.
