Free use in eBay ads for free and nearly free timeshares does not necessarily mean free use?

[rickandcindy23]

Bought a timeshare from eBay in July,purchased from a well-known seller I trust completely. This is a week at Sheraton Broadway Plantation, and the week said free use for 2017.

Turns out I don't have free use of this particular week and likely wouldn't have purchased it without free use. I was told there was no such "guarantee" in the ad or in the contract. True, the ad states the free use should be considered a bonus. I got the week very cheaply, admittedly ridiculously cheap with closing costs included.

I told the closing agent that they should not advertise free use, if it is not a guarantee. The estoppel states that usage was still left for 2017. I was going to deposit to II. It's not showing as available through my Vistana account.

 

[VacationForever]

Bought a timeshare from eBay in July,purchased from a well-known seller I trust completely. This is a week at Sheraton Broadway Plantation, and the week said free use for 2017.

Turns out I don't have free use of this particular week and likely wouldn't have purchased it without free use. I was told there was no such "guarantee" in the ad or in the contract. True, the ad states the free use should be considered a bonus. I got the week very cheaply, admittedly ridiculously cheap with closing costs included.

I told the closing agent that they should not advertise free use, if it is not a guarantee. The estoppel states that usage was still left for 2017. I was going to deposit to II. It's not showing as available through my Vistana account.

What did your purchase and agree say? If it does not say first use year as 2017, then you do not get 2017 week.

 

[tschwa2]

I would call to verify if the week was used. Vistana may have thought usage started in 2018 so the mistake could have been theirs.

 

[rickandcindy23]

Well, the ad states free use for 2017, usage begins in 2017. The estoppel says fees are paid in full. I think the previous owner just used the week because they paid the fees. I would probably feel the same way, but I have no idea, because I wouldn't use a company to rid myself of any timeshare week. I know how to get rid of a timeshare myself.

Oh, the contract is very clear that any 2017 usage is just a bonus.

As I told the seller, do not say 2017 use included in the ad, if it is not guaranteed. The contract makes no promise. With Vistana, as long as the week is closed and acknowledged by them by 12/31, I can deposit the 7 nights into II. Don't tell me something is included and is not included. Just let the new owners be surprised when they get the usage. I can look at my balances and see what my usage is for this year and next year. It's obviously not my week for this year. Someone did use it.

Let's face it, any of these weeks that I buy, I buy for the incentive of free use or a cash incentive, or it's just a great week and is worthy of the purchase price. Take away the incentive, and I am likely not going to buy it. Maybe the week won't even be sold without such an incentive. There are plenty on ebay every week that get re-listed for additional weeks. I don't watch specific weeks, generally, but for this resort, there are some that just never sell.

 

[Panina]

Bought a timeshare from eBay in July,purchased from a well-known seller I trust completely. This is a week at Sheraton Broadway Plantation, and the week said free use for 2017.

Turns out I don't have free use of this particular week and likely wouldn't have purchased it without free use. I was told there was no such "guarantee" in the ad or in the contract. True, the ad states the free use should be considered a bonus. I got the week very cheaply, admittedly ridiculously cheap with closing costs included.

I told the closing agent that they should not advertise free use, if it is not a guarantee. The estoppel states that usage was still left for 2017. I was going to deposit to II. It's not showing as available through my Vistana account.

Was this a fixed week? Did it close after the fixed date? If yes to both that would be a legit reason to not get the bonus week. Most ads state that they don't guarantee it will close in time to use the bonus week. Other then that, the seller should compensate you, they falsely advertised.

 

[rickandcindy23]

AFAIK, Sheraton Broadway Plantation doesn't have fixed weeks. Could be wrong, but I don't think so. It's floating, and it's good week to own, summer season.

I am arguing not about use but about claiming use and then not actually having the use you claimed to have. I think it's better not to tell people there is free use. Tell people no fees for the current year are due, and fees are due in 2018. Then if the closing happens, and a week is still there for 2017, BONUS! Otherwise, you are going to disappoint someone (like me) who knows II allows the week to be banked until 12/31 of that use year.

I have purchased weeks that were not promised for the current year, and I did end up with use. It's an added bonus, not an expectation. I had an expectation and didn't receive it.

 

[vacationtime1]

Because the ad went so far as to represent that the 2017 week was a "bonus", one would logically assume it was included in the deal. Further, the availability of that "bonus" week was confirmed by the estoppel.

Someone pulled a fast one; probably the underlying owner who probably deposited the week into Interval.

If the well-known, trustworthy seller (I assume a reseller who got the week for free or less) doesn't offer alternative compensation, I think Cindy was shortchanged.

 

[bluehende]

I think I know the seller. Their disclaimer is about the settlement may take longer than the use is able to be used. These are beyond their control and are certainly understandable to exclude as a guaranteed usage. It is another kettle of fish if the use never existed.

 

[Saintsfanfl]

There is some confusion in this thread. It can never be 100% guaranteed because it is up to availability at the resort. If free usage is included in the contract then the non-guaranteed portion can only refer to usage no longer being available due to a reservation no longer possible. The guarantee cannot in any way apply to a seller "stealing" the usage prior to the unit transferring. If the owner took the usage then it is fraud and the buyer is entitled to compensation.

This happened to me recently not on free usage but on 2018 usage. In my case the broker scrambled and is getting the 2018 fee paid.

I have many times had free usage no longer available due to timing and so in every case I was able to receive a replacement deposit in II. All of mine were Marriott purchases so my question is whether Vistana also offers replacement deposits for missed usage. This would not work in this case if the seller stole the usage but it would apply to the non-guarantee on the timing.

Real estate brokers and closing companies have an obligation to check to see if the usage is still intact prior to processing a transfer. Almost nobody does this with a timeshare but anyone with a license knows that it is their responsibility and if they didn't do it and the seller committed fraud then they know they have to make it right or they risk the consequences.

 

[rickandcindy23]

No confusion in the thread. Anything closed before 12/31 with Vistana, I can deposit use into the exchange company.

This closing took place early September.

 

[Sugarcubesea]

Bought a timeshare from eBay in July,purchased from a well-known seller I trust completely. This is a week at Sheraton Broadway Plantation, and the week said free use for 2017.

Turns out I don't have free use of this particular week and likely wouldn't have purchased it without free use. I was told there was no such "guarantee" in the ad or in the contract. True, the ad states the free use should be considered a bonus. I got the week very cheaply, admittedly ridiculously cheap with closing costs included.

I told the closing agent that they should not advertise free use, if it is not a guarantee. The estoppel states that usage was still left for 2017. I was going to deposit to II. It's not showing as available through my Vistana account.

Cindy, that is such a bummer. I would be upset as well, especially if the ad stated that.

 

[Saintsfanfl]

No confusion in the thread. Anything closed before 12/31 with Vistana, I can deposit use into the exchange company.

This closing took place early September.

My confusion comment was directed at replies that state the usage year is not guaranteed. The beginning usage year is absolutely guaranteed. The ability to make a reservation is what is not guaranteed. The prior owner cannot hijack usage and then the broker says "oh well, not guaranteed". It does not work that way and it has nothing to do with "free" usage. It is the beginning usage year and has nothing to do with how much is paid for it.

You are owed the correct beginning usage year or compensation. If the broker does not work to make it right I would file a complaint against their professional license.

 

[tschwa2]

Did Vistana indicate that the seller used the week and if so is there anyway to find out when they used the week. Their contract with SD should have indicated whether they were using there 2017 week and they should need to provide some compensation- I would think at least half MF's.

If you don't have confirmation that the seller used the week, it could still be Vistana who has failed to transfer it to your account.

 

[rickandcindy23]

Thanks for the clarification. No, the contract didn't guarantee use, but the ad states free use and there is always that question in my mind with these "free" use weeks if it will really be free. This seller, I trust more than most sellers. Now I know that I cannot assume they will come through with the week, even if they believe use is there. That makes me more wary of ebay purchases, even by the most reputable seller I know.

So now those weeks offering free use are of no use to me. I should have known better. My fault.

 

[Saintsfanfl]

If the usage was actually used and not simply a timing issue by Vistana then that is not a reputable seller. I know several sellers that would make this right because they know it is their responsibility.

But this sounds like you don’t know for sure if the seller actually took the usage, which kind of sounds like they didn’t. I agree with tachwa2 that you need that question answered. If it’s timing then that is part of the risk. With Marriott it’s safer because even if transfer occurs after Jan 1 they will usually add a replacement deposit from their own II account and have II transfer it.

 

[VacationForever]

Can you just call Vistana if the 2017 week is still unused? I know you cannot see it, but just call and ask if it had been used.

 

[Panina]

I wouldn't give up and still pursue the seller. Did I miss who the seller was?