POA for Sumday concern

[Panina]

I am in a transaction with Sumday. I know they are reputable but I am very uneasy signing and notarizing a POA that does not list the purchases specifics. For the resort I am getting I know no POA is needed as LT transfers handled another week at this resort for me.

I emailed them with my concerns and this is what they answered
“ The POA is a required document for our company. Each transfer company have their own requirements & procedures. Our POA will not be altered in anyway. There is no specifics listed due to if you purchase several properties through our company we do not require a separate POA for each purchase. It's a document that assures us & the resort that we to act on your behalf with the resorts, so we can get updates & so forth for the transfer process. Also if a error on the documents occur we can correct them without delaying the process. “

Thoughts? I would be willing to sign and notarize a new POA for any new timeshare I get from them in the future. In all my years , over 35 buying and selling timeshares I never signed and notarized a generic POA that didn't list what it was for.

 

[PrairieGirl]

I totally understand your unease with signing such a document. I know nothing about this company, but I would have a hard time giving ANY company a blanket authority to conduct unspecified business on my behalf. Especially when a representative of that company sends me a communication using multiple instances of incorrect grammar. With a legally binding contract, often "the devil is in the details". There is a valid reason for the expression "cross the t and dot the i"!

 

[vacationtime1]

Is the POA limited to the specific transaction or could it be used to sell your house?

 

[dagger1]

I used Sumday for three transactions, felt like you but complied with their requirement. They are excellent and I would do business with them again anytime.

 

[Panina]

Is the POA limited to the specific transaction or could it be used to sell your house?

Here it is, I removed their reps name and our names for notary....
“
Correction Agreement Limited Power of Attorney

On __________________________, 20____, the undersigned buyer(s), for and in consideration of the approval, closing, and payment of their property, hereby appoint ( I removed name) as closing agent and/or GreatWay Services Co, LLC as limited power of attorney to facilitate documents on behalf of all of the closing documentation required to be executed by the undersigned at closing. In the event this limited power of attorney is exercised, the undersigned will be notified and will receive a copy of the document executed or initialed on their behalf.

This limited power of attorney may not be used to increase the undersigned’s price, change property for a less valuable property in the undersigned’s name, or increase outstanding balance due by the undersigned.

This limited power of attorney shall automatically terminate 120 days from the closing date of the undersigned’s property.

IN WITNESS WHEREOF, the undersigned have executed the limited power of attorney as date and year first above referenced.

__________________________ “

 

[SmithOp]

I think you are OK since it states you will be notified and is limited to 120 days.

It helps speed up transfers so they dont have to chase down buyers and sellers to notarize and send docs.


Sent from my iPad using Tapatalk Pro

 

[silentg]

I bought a timeshare thru Sumday, didn’t need a POA. It says only good for 120 days, but imagine what they could do in that amount of time? Is this week worth the worry? I don’t blame you for being uneasy.
I would pass on this.
Silentg

 

[bizaro86]

I hate that POA, but have signed it a number of times. Sumday is generally very good to deal with, except on this issue.

I actually asked them if they would extend the time frame on the POA to make it more likely to be usable in the future, and they wouldn't do that either.

I'm not very likely to buy 2 TS in 120 days, but probably will buy something else from them at some pointm

 

[Panina]

I bought a timeshare thru Sumday, didn’t need a POA. It says only good for 120 days, but imagine what they could do in that amount of time? Is this week worth the worry? I don’t blame you for being uneasy.
I would pass on this.
Silentg

I hate that POA, but have signed it a number of times. Sumday is generally very good to deal with, except on this issue.

I actually asked them if they would extend the time frame on the POA to make it more likely to be usable in the future, and they wouldn't do that either.

I'm not very likely to buy 2 TS in 120 days, but probably will buy something else from them at some pointm

I know Sumday is reputable but to ask anyone to sign and notarize without listing property details is wrong. I am almost certain my bank notary will not notarize this being there is no details.

I paid $399 upfront, sent info and driver licenses they asked for already. Then I got this prior to the contract they said they will email in a few days.

There were two other options for me to buy elsewhere that worked but I chose Sumday because of their good reputation and thought it would be the simplest to deal with. Not.

 

[bnoble]

I am almost certain my bank notary will not notarize this being there is no details.

I don't think the notary does anything to make sure the document makes sense. The notary's only job is to confirm that the person who says they signed it is actually that person.

 

[geerlijd]

I'm not a fan of the POA either, but have bought from Sumday 3 or 4 times and have had good experiences everytime.

I would much rather have a POA in Sumday's hands than work with some if the other eBay sellers out there.

I think they would let you wait until the purchase contract is sent out so you can complete that and the POA at the same time. I don't know any reason they need that before the purchase contract is signed .

Sent from my XT1585 using Tapatalk

 

[Panina]

I don't think the notary does anything to make sure the document makes sense. The notary's only job is to confirm that the person who says they signed it is actually that person.

The notary at my bank asks what the documents are about and looks them over. If in question they send them to corporate. There are documents they have refused to notarize, my guess due to liability.

 

[tschwa2]

That's the way sumday choose to go. It's been a couple of years. I bought several before the POA requirement and one or two after. I tried to negotiate away the POA without success, saying in 15 timeshare transactions, I have only needed to sign or notarize something as a buyer after the initial paperwork 1 time and did so within 24 hrs. Sumday doesn't want to have to rely on the buyer or seller at all after the initial paperwork and with the POA they can sign anything that comes up that may require another signature. For me getting something notarized as a buyer when it can be avoided as it is very unlikely that as I buyer the resort would require any kind of notarized document from the buyer is just a bit of a pain. It usually takes a week or 2 before I can get to a notary during business hours.

If you are afraid they will try to do any business on your behalf not related to the sale of the timeshare then just refuse and ask for a refund if the POA requirement was not in the original listing. If it was but you assumed it wouldn't apply to you and sent the funds anyway, they may be entitled to keep a portion of it if you do not want to go through with it.

 

[DaveNV]

I see your point of ‘what could they do,’ but my greater question is ‘what have they done with others?’ If Sumday was doing something dishonest with all the POAs they’ve received, there would be a firestorm of protests in the marketplace. They have a mostly stellar reputation for timely, affordable t/s resales. If they were scamming people, we’d all have heard about it.

I’d sign the POA and move on. I’ve done that with them, and had no trouble.

Dave

 

[chapjim]

I am a commissioned notary and licensed attorney in Virginia. According to the Handbook for Virginia Notaries Public, "A notary acts as an official, unbiased witness to the identity and signature of the person who comes before the notary for a specific purpose." And, "The key function is to be certain that the person appearing before the notary is who that person claims to be."

Nowhere is there a requirement to judge the sufficiency or validity of the document itself, only the identity of the person signing.

Notaries are creatures of state law and there may be differences. However, passing judgment on the document sounds like something an attorney would do.

As both a notary and an attorney, I have had no qualms about granting Sumday the limited powers of their standard POA.

 

[Panina]

Ownerships change, employees come and go. Even though no one ever had a problem, I don’t want to be the first one. It is common sense never to sign something that does not show exactly what it is for.

The ad did say a signed POA was required. I have no problem with that. I just want it to show what it is exactly for.

I put a request in to add the specifics.

 

[DaveNV]

Fair enough. You need to do what makes you comfortable.

Dave

 

[WVBaker]

Just another opinion.

I've done a few with Sumday in the past and I'm currently doing another with the noted POA. This was a first for me but, every question I had was answered quickly and completely. Sumday also requires the notary for the buyer. While not required in Florida, I know that's their way of doing business so, I accept it and move on to complete the transaction. I also live in a small town where finding a notary involves only limited hours, certain days of the week and at least a 15 mile drive.

In any business transaction, complete your due diligence, but sometimes you just have to trust another person.

Oh yea, after all the years they've been in business, I can't see them them closing in the next 120 days.

 

[tschwa2]

Depends on the resort. I've had them do a closing in less than 14 days, electronic filing within 3 days and a little over a week for the resort to acknowledge the transfer. They often have the deed pre-prepared only needing the date and the buyers info added in.

 

[Egret1986]

I am in a transaction with Sumday. I know they are reputable but I am very uneasy signing and notarizing a POA that does not list the purchases specifics.

That's the way sumday choose to go.

If you are afraid they will try to do any business on your behalf not related to the sale of the timeshare then just refuse and ask for a refund if the POA requirement was not in the original listing. If it was but you assumed it wouldn't apply to you and sent the funds anyway, they may be entitled to keep a portion of it if you do not want to go through with it.

As you stated, it's a policy of Sumday. Become comfortable with their requirement or move on.

The notary at my bank asks what the documents are about and looks them over. If in question they send them to corporate. There are documents they have refused to notarize, my guess due to liability.

I don't think the notary does anything to make sure the document makes sense. The notary's only job is to confirm that the person who says they signed it is actually that person.

Agreed and verified by a notary and attorney in a previous post.

I see your point of ‘what could they do,’ but my greater question is ‘what have they done with others?’ If Sumday was doing something dishonest with all the POAs they’ve received, there would be a firestorm of protests in the marketplace. They have a mostly stellar reputation for timely, affordable t/s resales. If they were scamming people, we’d all have heard about it.

I’d sign the POA and move on. I’ve done that with them, and had no trouble.

Dave

Agreed. If you're fighting this due to your concerns (even though it was listed as a required document), then move on to the next ownership. If you want the ownership so badly that you feel doing so is not an option, then accept their policy, which you stated was in the listing. Stating their policy upfront in the listing should have avoided this issue. Their policy works for them. They are entitled to their policies. They have listed their policy. You balk at their listed policy and yet proceed. Thoughts? Ask for a refund.

I just dealt with a similar situation. I have a policy. The potential buyer knows my policy, yet wants it changed just for them specifically. If it's such a problem and they are not willing to comply, then they need to explore other purchase options. Policies are put in place for a reason, and if you start changing them willy-nilly, then what's the point of having a policy? It apparently enables Sumday to conduct business in a way that is appropriate for them?

You had the opportunity to proceed or not proceed. There was no "smoke and mirrors", like some of the other sellers out there try to pull. You state that you know Sumday is reputable. If you don't want to be the first to experience something nefarious with this POA, then ask for a refund and search for that next great deal elsewhere with no such policy.

I've bought several timeshares from Sumday and experienced no issues with them. I have noted that when problems arise (none of which were related to fraud), Sumday takes care of it to the buyer's satisfaction and will even post on TUG.

 

[Panina]

I have no problem with signing a poa. It should show what it is for. No where in it’s listing did it say it would not state the property. I have signed poa before, it always stated the exact property. Just because it is their policy to not state the property in their poa it doesn’t mean it is right. I asked for it to be stated on the document or to cancel the deal. It is irrelevant how great a reputation of a company is, when you sign a legal document all information should be clearly stated.

 

[WinniWoman]

And Sumday does make errors. They have incorrect listings right now on their website for 2 Smugglers Notch ownerships.

 

[bogey21]

I’d sign the POA and move on.

Agree...

George

 

[sue1947]

I have no problem with signing a poa. It should show what it is for. No where in it’s listing did it say it would not state the property. I have signed poa before, it always stated the exact property. Just because it is their policy to not state the property in their poa it doesn’t mean it is right. I asked for it to be stated on the document or to cancel the deal. It is irrelevant how great a reputation of a company is, when you sign a legal document all information should be clearly stated.

Agree 100%. There is no way I would sign a blanket POA with a timeshare salesman. Stick to your guns; they are just being lazy.
And I can't believe the number of people rationalizing this.

Sue

 

[chapjim]

Ownerships change, employees come and go. Even though no one ever had a problem, I don’t want to be the first one. It is common sense never to sign something that does not show exactly what it is for.

The ad did say a signed POA was required. I have no problem with that. I just want it to show what it is exactly for.

I put a request in to add the specifics.

The POA reads, ". . . limited power of attorney to facilitate documents on behalf of all of the closing documentation required to be executed by the undersigned at closing. In the event this limited power of attorney is exercised, the undersigned will be notified and will receive a copy of the document executed or initialed on their behalf."

I don't know how Sumday defines "facilitate documents" but if the document is required to be executed by the undersigned, "facilitate documents" does NOT include signing in the undersigned's place. If that is correct, defining the property is not necessary. It might be worth asking Sumday what is/is not included in "facilitate documents."

A previous Sumday POA was limited to making minor corrections in the documents -- scrivener's errors. The current POA is a bit less well-defined but I suspect it has pretty much the same effect.