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LLW · May 19, 2011, 08:08 AM

Hi, my husband and I purchased a time share in Hilton Head South Carolina from RCI Coral Resorts/ Island Links under certain benefits told to us, that in the last couple of months we are finding to be complete lies. (1) that we would not be billed a maintenance fee for a year from the time we start paying on the balance, we just started paying the balance in January and have been charged a maintenance fee of $976 (2) We were told the maintenance fee would be $900, not $976 (3) We were told we would have a bonus week that we could use anytime and anywhere the RCI has resorts for FREE, when we went to book, we found out it is not anytime, it had an expiration, and it was not for free (4) We were told we would have a builders week that we could use anytime for free, so long as we can go within 45day to scheduling the vacation, a lie, when we went to schedule twice, it wasn't for free, and no availability.
We made installment payments of about $1000 for a down payment and are paying $125 a month; and have yet to be able to use any of the amenities that were promised to us. We recently found out there is help out there, but want to make sure we get the right help. What can we do, is there an attorney to help us?

smoothy · May 19, 2011, 08:20 AM

First. Have you confirmed what you have in writing is what you were told. Common tactic of the less than honest sales people is make all sorts of claims verbally, but have none of them on the legal written contract knowing everyone doesn't take the time to read them in full. The courts are going to look at what the signed contracts state. And the wording for the maintenance clause likely allows for increases. Reviewable at certain periods and subject to change.

As far as is there an attorney that can help? You can find an attorney... if you might win or not depends on what was promised in writing VS. what was actually delivered.

You will have to bear the burden of proof on any verbal claims you say took place.

LLW · May 19, 2011, 08:33 AM

Originally Posted by smoothy

First. Have you confirmed what you have in writing is what you were told. Common tactic of the less than honest sales people is make all sorts of claims verbally, but have none of them on the legal written contract knowing everyone doesn't take the time to read them in full. The courts are going to look at what the signed contracts state. And the wording for the maintenance clause likely allows for increases. Reviewable at certain periods and subject to change.

As far as is there an attorney that can help? You can find an attorney...if you might win or not depends on what was promised in writing VS. what was actually delivered.

You will have to bear the burden of proof on any verbal claims you say took place.

There was one he did with his own handwriting and then contractual papers. I will reread and look for it.

smoothy · May 19, 2011, 08:37 AM

Gather up EVERYTHING you have related to this timeshare into one box or folder. Including canceled checks or bank statements. Let what ever lawyer you retain determine if its pertinent or not.

Exact wording of the contract means everything. Most are carefully written by lawyers.

AK lawyer · May 19, 2011, 09:34 AM

Originally Posted by LLW

... What can we do, is there an attorney to help us?

There may be, but the nature of this forum is such that you will not connect with one here. We cannot give you personal contact information. Sorry.

JudyKayTee · May 19, 2011, 01:13 PM

A word of warning - it is not terribly smart to post the exact name of the company which you are ALLEGING misled you. If that company sees this thread you may very well be on the receiving end of a lawsuit.

ma0641 · May 19, 2011, 01:26 PM

Sorry for your issues but there are so many people willing to sell you their timeshare for next to nothing. In today's economy, NEVER buy a time share from a timeshare company.

joypulv · May 19, 2011, 01:35 PM

File a formal written complaint with both your AG's Consumer Protection Div and SC's. Just Google each state with .gov after it. (They may not take online complaints.)
This not only goes into a file with any other complaints that may pile up to the extent that they get noticed, but also a letter goes out to the business stating your allegations, and the business gets to respond. Whether any given AG office will act probably depends on the number of people who complain.
You can also start a blog or web page on the subject, or search on the time share name and 'scams' or 'fraud' (try different keywords) to see if you can join others.
You can send a copy of the complaint to RCI (who may disavow any responsibility).

LLW · May 19, 2011, 01:42 PM

Originally Posted by ma0641

Sorry for your issues but there are so many people willing to sell you their timeshare for next to nothing. In today's economy, NEVER buy a time share from a timeshare company.

Sadly, lesson learned. We had never heard of anything like this, so we really didn't see this coming.

LLW · May 19, 2011, 01:44 PM

Originally Posted by joypulv

File a formal written complaint with both your AG's Consumer Protection Div and SC's. Just google each state with .gov after it. (They may not take online complaints.)
This not only goes into a file with any other complaints that may pile up to the extent that they get noticed, but also a letter goes out to the business stating your allegations, and the business gets to respond. Whether or not any given AG office will act probably depends on the number of people who complain.
You can also start a blog or web page on the subject, or search on the time share name and 'scams' or 'fraud' (try different keywords) to see if you can join others.
You can send a copy of the complaint to RCI (who may disavow any responsibility).

Thanks, I will do so!