Timeshare mis selling claims are a type of lawsuit filed against the company that sold you a timeshare. The complaint arises when the client finds that they were not given what they were promised by the sales representative and is seeking recompense for their losses. They might be suing on claims including breach of warranty, unlawful business practices, violation of consumer protection laws and fraud. Timeshare mis selling claims and how to avoid them;
- Recall that you should always be wary of a sales representative who has a lot of time on their hands, who successively attempts to sell you three timeshare packages, usually all within a few days of each other.
- It is not unusual for timeshare salespeople to use “numbers games” or tricks by making it appear as if they are selling you the best one. Make sure that you ask them questions about the different timeshare packages they are attempting to sell you, and what they would require from you in return if you agree to buy one. Do not let them sweet-talk you into buying something before giving it a long hard thought.
- Unfortunately, many timeshare owners have been persuaded by the sales agent to enter into a contract that is not in their best interest. Timeshare mis selling claims are filed for several reasons;
A. Failure to disclose pertinent information about the timeshare and how it operates, as well as its costs and risks of ownership.
B. Misrepresenting the condition of the resort. The resort has changed owners, or is going through foreclosure or bankruptcy. Or it was misrepresented by the salesperson and there are few if any other owners, or the resort is just closed or abandoned and they never had a buyer at all.
C. Lying about the value or price of the timeshare
D. Over billing for services, repairs and upgrades. The timeshare owner was not informed about costs or fees in connection with taking over ownership or continuing his rights to use the resort for a time period that is less than its remaining term.
E. The finance company does not disclose pertinent information about the loan, including what it covers, if there are any hidden charges, and if so how much; whether there are any penalties for early payment in full; what interest rate will be charged; whether there is any prepayment penalty (i.e. if you pay the loan off early, you will be charged a higher interest rate than what was offered originally);
F. Failure to disclose pertinent information about the timeshare, including how it operates, its cost and risks of ownership; how much maintenance and upkeep there is in continuing to use the timeshare for a time period that is less than its remaining term; and if in fact there are other owners rather than one who will be responsible for providing maintenance after your initial period of use.
G. Lying about the condition or value of repairs and upgrades. It was not disclosed what repairs would need to be made before you could start using the resort, and if there are close to none, this is a red flag.
H. The timeshare owner was pressured by the salesperson to buy something and did not have the time or ability to properly assess the situation and research his options before signing on the dotted line.
I. Unlawful Business Practices: The Timeshare Seller (or lessor) was engaging in other business activities that interfered with or inhibited performance of or interfered with another business.