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	<title>timeshare Archives - Dennis Beaver</title>
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	<description>You and the Law</description>
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	<title>timeshare Archives - Dennis Beaver</title>
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	<item>
		<title>Considering a Timeshare? Don’t You Ever!!</title>
		<link>https://dennisbeaver.com/considering-a-timeshare-dont-you-ever/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sun, 07 Apr 2019 22:40:19 +0000</pubDate>
				<category><![CDATA[scam]]></category>
		<category><![CDATA[timeshare]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=3073</guid>

					<description><![CDATA[<p>April 5, 2019 • By Dennis Beaver Over the past several years this column has told you about the nightmares that timeshare owners lived through, both when first purchasing&#8211;often under physical and mental duress&#8211;and then when attempting to get themselves out of their contracts. I never said, “Don’t ever buy a timeshare!” But no more. [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/considering-a-timeshare-dont-you-ever/">Considering a Timeshare? Don’t You Ever!!</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />April 5, 2019 • By Dennis Beaver</p>
<p>Over the past several years this column has told you about the nightmares that timeshare owners lived through, both when first purchasing&#8211;often under physical and mental duress&#8211;and then when attempting to get themselves out of their contracts.</p>
<p>I never said, “Don’t ever buy a timeshare!”</p>
<p>But no more. I now believe that because of the nature of timeshare contracts–and sales practices&#8211;they are the most dangerous purchase anyone can make. I urge Federal action to nullify provisions in existing contracts which keep buyers on the hook for thousands of dollars in yearly fees glued to a contract they can’t walk away from &#8211; even after years of paying for something they no longer use or are able to use.</p>
<p>Great Vacation! We’ll All Come Back Here Every Year</p>
<p>Picture yourself on vacation with your family–in Florida, Las Vegas, Cabo San Lucas, Mexico or other tourist destinations, staying in a lovely, spacious condominium-type unit in a beautiful resort.</p>
<p>It truly is lovely, you are all having the time of your lives, and are told, “For a one-time payment (which we can finance) of $15,000 plus modest yearly maintenance fees, you will have the right to come back, with your family, year after year.”</p>
<p>It would be far cheaper to pay as you go, but you don’t do the math, nor do you run this decision by your accountant or lawyer as you are convinced of how economical a decision it is.</p>
<p>Maybe for a few years your family uses the property, and then the kids grow up and there are no more family vacations.</p>
<p>Or, your wife gets cancer.</p>
<p>But the yearly maintenance bills keep on coming, first hundreds, and then thousands of dollars out the window.</p>
<p>As is the case with every person who as contacted this column, after asking to be let out of the contract, to please just take the thing back&#8230;refused.</p>
<p>The singular, diabolical feature of timeshare contracts is that they last in perpetuity. The contract permits no way out. And unless your heirs reject this inheritance, they will also be burdened with this monstrosity!</p>
<p>It is the only such contract like this I have ever seen. And timeshares–because of maintenance fees–are almost impossible to sell. You will find them offered online for one dollar!</p>
<p>We Have a Buyer for Your Mexican Timeshare</p>
<p>In 2017, Joe Corriveau of Lynchburg, Virginia, purchased a timeshare at the Villa del Palmar in Cancun, Mexico for slightly over $14,000.</p>
<p>In early March of this year, he received a $25,000 offer from Travel Pirates Mexico to buy it and a few days later, was contacted by the Eric H. Anderson Law Group. In reality, there is no buyer, only an appeal to greed, and “sellers” are required to wire thousands of dollars for various fees for what is a non-existent purchase.</p>
<p>“I researched the Eric H. Anderson Law Group based out of San Jose, CA. Their website is very professional looking, but I could not find the actual Eric H. Anderson in San Jose, CA. I only found him in Palo Alto, CA, but could not locate a phone number. I came across your article online ‘Beware of the Mexican timeshare resale scam’ and called you.”</p>
<p>His research led to the discovery of a new Mexican Timeshare Resale Scam which became obvious when, on a conference call with him, I tried to reach attorney Eric Anderson. Coming on the line, was a nasty sounding guy who claimed to be an attorney, yet would provide no name or other identifying information and when learning that I am a journalist researching Mexican Timeshare scams, he hung up!</p>
<p>My calls to the “Eric Anderson Law Group” yielded 30 minutes on hold, and a refusal to connect me with anyone. Further research showed that Anderson was working for the Baker McKenzie lawfirm in Palo Alto, but they had never heard of him. The California State Bar shows such an attorney, but no telephone number is listed.</p>
<p>Rips Off U.S. Attorneys Names</p>
<p>To Scott Morse, Chief Operating Officer of Rockford, Illinois-based Resort Release–an A+ BBB rated company that legitimately helps to get people out of time shares:</p>
<p>“This scam has been refined over many years. They rip off the name of a real U.S. attorney, and create a fake website. The average person would have no idea how to quickly spot the scam, so I applaud your reader’s intuition for sensing that something was just not right.”</p>
<p>Morse is a great detective and discovered:</p>
<p>(1) The images on andersonlawgroup were stolen from a law firm in North Carolina.</p>
<p>(2) The website was set up on March 3rd, 2019, making it, literally, just a few days old.</p>
<p>(3) The footer of the website states, &#8220;Anderson Law Group, Inc.&#8221; yet it&#8217;s a &#8220;PC&#8221; (Professional Corporation.) That&#8217;s a small detail, but one a lawyer would never get wrong.</p>
<p>Scott provides this advice to anyone contacted by these cons:</p>
<p>“These guys are the worst of the worst. Don&#8217;t respond to them, don&#8217;t call them, don&#8217;t answer them&#8230; Block their number with your telephone provider. If you have provided them ANY Banking information &#8211; change it immediately.”</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/considering-a-timeshare-dont-you-ever/">Considering a Timeshare? Don’t You Ever!!</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>Coronavirus and timeshares</title>
		<link>https://dennisbeaver.com/coronavirus-and-timeshares/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sat, 25 Apr 2020 18:38:43 +0000</pubDate>
				<category><![CDATA[lawyers]]></category>
		<category><![CDATA[medicine]]></category>
		<category><![CDATA[timeshare]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=3316</guid>

					<description><![CDATA[<p>April 24, 2020 • By Dennis Beaver  Over the past several weeks I have heard from several readers who have discovered that their parents purchased a timeshare and are now ill with the coronavirus. Some have died. “What happens to their timeshare?” is the question. “As their heirs, are we still on the hook for [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/coronavirus-and-timeshares/">Coronavirus and timeshares</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><a href="https://dennisbeaver.com/my_lawyer_isnt_supportive/dennisbeaver/" rel="attachment wp-att-27"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-27" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="Dennis Beaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" /></a>April 24, 2020 • By Dennis Beaver</p>
<p> Over the past several weeks I have heard from several readers who have discovered that their parents purchased a timeshare and are now ill with the coronavirus. Some have died. “What happens to their timeshare?” is the question.</p>
<p>“As their heirs, are we still on the hook for all of the yearly fees our parents were paying. They hated the thing and could never get any use out of it,” I’ve heard repeatedly.</p>
<p>Many were prompted to contact me after finding articles I’ve written about these horrible timeshare contracts. But it gets worse, as there is an entire industry–some of which staffed by pure scammers–who are spreading lies about what happens in the event a timeshare owner dies.</p>
<p>Chances are that you have seen television, radio and internet commercials featuring Chuck McDowell, CEO and Founder of Wesley Financial Group, who proudly proclaims having “One goal in mind, helping folks just like you cancel their timeshare contract&#8230;(because)  even when you die, your family will be stuck with this burden.”</p>
<p>Not so fast, Chuck.</p>
<p>An Estate Lawyer’s Opinion</p>
<p>I asked Bakersfield estate planning attorney Patrick Jennison for his experience with clients in the same situation as my readers.</p>
<p>“In my experience as an estate planner, perhaps 10% of clients owning a timeshare are happy they own it. The other 90% still suffer from buyer’s remorse years after buying it and feel that the purchase was a significant financial mistake.</p>
<p>“Timeshares are almost never seen by estate planning attorneys and their clients who bought them as valuable.  More than any other asset in an estate, a timeshare is a hideous liability.</p>
<p>“In my over 40 years as an estate planner, when the Buyer/Initial Owner does not see it as a benefit, the party who inherits a timeshare interest will look upon the inheritance as  a pointless liability.  And the inheriting party/heir to that timeshare interest is absolutely correct in their perception.</p>
<p>If Tempted to Accept the Inheritance</p>
<p>Jennison recommends doing the following analysis if anyone stands to inherit a time share:</p>
<p>–Look carefully at the costs to retain the timeshare, including annual maintenance fees and other assessments.</p>
<p>–What is the real benefit you will be getting out of the timeshare?</p>
<p>–If you compare the cost to rent a comparable vacation unit whenever and wherever you want, in almost every situation, this will convince you NOT to accept the interest.</p>
<p>Steps You Must Take to Avoid Inheriting the Timeshare</p>
<p>Jennison points out that, “Merely because you are named in a trust, a will, or if there is no will and a decedents’s property would be distributed according to intestate succession, it does not mean you are forced to accept that gift. This applies to any gift, a timeshare or a dilapidated, condemned house or old clunker of a car. You are not obligated to accept anything given to you. </p>
<p>“If you do not accept it, either by Disclaimer or merely ignoring and forfeiting the interest, you have no legal, ethical or moral obligation to pay any expenses, including maintenance fees, related to that timeshare interest.</p>
<p>“But whatever you do, do not pay anything to the time share company! Do not use the time share or show any intent to become contractually bound,” he underscores.</p>
<p>“The simple act of submitting to the executor of a will or other personal representative, the trustee of a trust.  a written document stating “I do not accept  (&#8212;timeshare interest) and direct that this gift is disclaimed by me and to be treated as if I was deceased without descendants.</p>
<p>“If that is not possible because the interest has simply been transferred to you, advise the timeshare company of the death, that no party has accepted the interest, and the timeshare interest is ‘turned back’ to the timeshare, company/property owner.</p>
<p>Jennison’s advice concludes with this comment:</p>
<p>“My advice, as you might conclude, is do not buy, do not own, do not accept a timeshare, by gift or inheritance.  It is not worth it, even if it is free.”</p>
<p>On Nov. 20, Wesley Financial Group’s Better Business Accreditation was revoked by BBB&#8217;s Board of Directors due to “engaging in activities reflecting poorly on the BBB or its members on the Better Business Bureau.”</p>
<p>I went on Wesley Financial’s website, up popped a chat window, and was greeted by Megan, who asked, “How may I help you?”  So, I wrote, “If I own a time share and die will my kids be stuck with it?”  She replied, “Unfortunately, yes.”</p>
<p>It is nice to see that Chuck’s employees are all drinking the Kool-Aid.</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/coronavirus-and-timeshares/">Coronavirus and timeshares</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>If you still want to buy a timeshare &#8230; do&#8217;s and dont&#8217;s</title>
		<link>https://dennisbeaver.com/if-you-still-want-to-buy-a-timeshare-dos-and-donts/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Fri, 21 Oct 2022 19:05:42 +0000</pubDate>
				<category><![CDATA[consumer]]></category>
		<category><![CDATA[scam]]></category>
		<category><![CDATA[timeshare]]></category>
		<guid isPermaLink="false">https://dennisbeaver.com/?p=3917</guid>

					<description><![CDATA[<p>October 21, 2022 • By Dennis Beaver Last week I made it clear that, in my legal opinion, the way that the timeshare industry deals with owners who want out of their contracts reminds me of racketeering. Pity the poor timeshare owner who was a victim of lie after lie during the sales presentation and [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/if-you-still-want-to-buy-a-timeshare-dos-and-donts/">If you still want to buy a timeshare &#8230; do&#8217;s and dont&#8217;s</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright size-medium wp-image-27" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="Dennis Beaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />October 21, 2022 • By Dennis Beaver</p>
<p>Last week I made it clear that, in my legal opinion, the way that the timeshare industry deals with owners who want out of their contracts reminds me of racketeering.</p>
<p>Pity the poor timeshare owner who was a victim of lie after lie during the sales presentation and discovers that it is nearly impossible to use the purchase the way it was described.</p>
<p>Should that owner hire an exit company – which is another enormous risk in itself of being scammed – now that there is the very real chance of being sued by the developer?</p>
<p>My advice for people wanting to exit a timeshare was: Never buy one in the first place!</p>
<p>Don’t ever sign one of these non-cancelable contracts that require you to make maintenance payments forever for something that you may never be able to use the way it was sold to you or get out of, even if sick and unable to travel.</p>
<p>But, if you still are interested in owning a timeshare, there are some steps you can take which will reduce the chances of being ripped off. I discussed them with Irene Parker of St. Augustine Florida, founder of TARDA, Timeshare and Resort Developer Accountability, a 501c4 non-profit.</p>
<p>“Our purpose is to give timeshare members and owners a voice at the legislative level,” she points out. “Our volunteers respond to questions from timeshare owners who don’t know what to do when a dispute arises, or when seeking release from an unwanted timeshare.”</p>
<p>Irene lists what you need to know if considering a timeshare or would like to get out of your existing contract.</p>
<p>1. Buying a timeshare from the resale market instead of directly from the developer saves you a fortune! For example, a $20,000 Hilton Grand Vacation timeshare on the resale market is priced at around $1,500 to $2,000.</p>
<p>1. Do your timeshare math. Ask about the finance charges. Take the purchase price, including any finance charges, and yearly maintenance fees and amortize the cost over your expected lifetime. Spending $30,000 for a vacation plan at age 70 may not be prudent, as opposed to someone 45 years old.</p>
<p>Rarely do the elderly realize they will not live long enough to benefit from the timeshare.</p>
<p>Additionally, if they have heirs, they must be notified that there is no obligation to inherit the timeshare and can decline to accept the timeshare by way of disavowing the inheritance.</p>
<p>A Few Don’ts</p>
<p>1. Don’t buy the same day. Timeshare sales agents rely on emotion and often guilt to force a decision. “Do you love your wife and kids? Well, then, don’t you feel you owe them quality time? Think of the joy vacations bring and that’s what I am offering you.”</p>
<p>2. Don&#8217;t rely on statements made by timeshare agents or anyone connected to the sale of a timeshare. When your complaint begins with “The sales agent said …,&#8221; you will be directed to the fine print in the contract that states, “I did not rely on oral representations to make my purchase.”</p>
<p>3. Don’t hesitate to ask questions if the signing session is recorded, and insist your question and answer be recorded. This is important because if you later find out the timeshare was misrepresented, the recording will be used against you with, “If this was important to you, why did you not bring it up on the recording?&#8221;</p>
<p>When Trying to Get Out of Your Contract</p>
<p>1. Contact your resort to determine if they will be of help.</p>
<p>2. Check social media sites to see how your resort has responded to others in your situation.</p>
<p>3. Be leery of signing up with an exit company — many are scams — and don&#8217;t rely on testimonials because they can be fabricated.</p>
<p>4. If they guarantee an exit and want money up front, run! No one can guarantee an exit except the other party to a contract, which is the developer.</p>
<p>5. Don’t rely on money-back guarantees from exit companies. They are not regulated or licensed by the government and do not have escrow accounts for the money you pay them. There are a few exit companies who operate legitimately, but they are few and far between.</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/if-you-still-want-to-buy-a-timeshare-dos-and-donts/">If you still want to buy a timeshare &#8230; do&#8217;s and dont&#8217;s</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>The best way to exit your timeshare &#8211; never buy one</title>
		<link>https://dennisbeaver.com/the-best-way-to-exit-your-timeshare-never-buy-one/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Fri, 14 Oct 2022 22:05:10 +0000</pubDate>
				<category><![CDATA[consumer]]></category>
		<category><![CDATA[scam]]></category>
		<category><![CDATA[timeshare]]></category>
		<guid isPermaLink="false">https://dennisbeaver.com/?p=3914</guid>

					<description><![CDATA[<p>October 14, 2022 • By Dennis Beaver If you own a timeshare or, God forbid, are considering buying one, I have one word of advice that has made the timeshare industry mad at me following my April 2021 article quoting Salem, Oregon, attorney Eric Olsen. Replying to my question, “What do you risk by not [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/the-best-way-to-exit-your-timeshare-never-buy-one/">The best way to exit your timeshare &#8211; never buy one</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright size-medium wp-image-27" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="Dennis Beaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />October 14, 2022 • By Dennis Beaver</p>
<p>If you own a timeshare or, God forbid, are considering buying one, I have one word of advice that has made the timeshare industry mad at me following my April 2021 article quoting Salem, Oregon, attorney Eric Olsen.</p>
<p>Replying to my question, “What do you risk by not paying the timeshare maintenance fee or for the timeshare itself?” Olsen stated, “I can’t recall a single instance where a client was ever sued. Timeshare companies never sue.”</p>
<p>When that story ran, I got a call from a woman claiming to be in management with a timeshare developer in Las Vegas. It was a warning. “Mr. Beaver, we don’t appreciate what you are revealing about how we deal with people who don’t pay. Be careful.”</p>
<p>My one word of advice?</p>
<p>Don’t! Don’t ever sign one of these hideous, non-cancelable contracts that require you to make maintenance payments forever for something that you may never be able to use because of the way it was sold to you, or get out of even if sick and unable to travel.</p>
<p>Reminds me of Racketeering</p>
<p>The timeshare monstrosity has torn families apart, driven people into poverty and led to suicides. And if anyone thinks that I am exaggerating, just ask St. Petersburg, Florida-based attorney Mike Finn of the Finn Law Group, a consumer advocacy firm that focuses a considerable portion of its practice on assisting timeshare owners.</p>
<p>Mike’s description of the way in which the timeshare industry deals with its customers today, reminds me of racketeering.</p>
<p>And, if you bought one in the islands, hang on to your life preserver!</p>
<p>Buy in the islands and get sued</p>
<p>“Island destinations have been a popular venue to stick timeshare buyers with contracts that come with a little extra,” Finn notes, adding, “that about 15 years ago smaller island resorts began to sue people who:</p>
<p>(1) Put the purchase on their credit card but then canceled in a timely manner, and;</p>
<p>(2) Those who stopped making their yearly maintenance payments.</p>
<p>“The developers filed suits in island courts, obtained default judgments, transferred them to where the people resided and hired collection agencies in their home communities.</p>
<p>“But the real declaration of war on timeshare owners and exit companies began when law firms began assisting people attempting to terminate their timeshare purchase contact after their requests to the developers were ignored.</p>
<p>“In my judgment, the developers were attempting to cause a disruption between those timeshare holders and the third party exit company. It should be noted that the timeshare industry has always had the ability to pursue court action against all time share owners, since every one of them signed a promissory note and many signed mortgage notes.</p>
<p>“However, this was a weapon aimed more at anyone trying to provide assistance to owners rather than against these owners themselves.</p>
<p>“Since COVID, the timeshare industry is pursuing owners, presumably because their cash flow has been impacted due to the pandemic.</p>
<p>“The most important takeaway is that no one is safe!”</p>
<p>The Underlying Problem &#8211; You are a Cash Cow</p>
<p>So, why don’t the developers just let people out of the contract – especially those who can’t travel, are ill, or just don’t want it anymore? They could take it back, resell it, having nothing to lose and keep all the money paid thus far?</p>
<p>“Because it is a cash cow! Unlike a car you buy that you can sell later, you bought a timeshare and have no control over it! The developer thinks, ‘I will get maintenance fees from you – currently $2,000 yearly on average &#8211; and make it very hard for you to get rid of it. I may or may not take it back. I have total control over you. And then I may sue your pants off, even though I am going to sell it to someone else and get my purchase price back!’</p>
<p>“There is no other product in the world that can do this to you! None!”</p>
<p>You are Buying Nothing!</p>
<p>At one time, when you bought a time share you actually got a week &#8211; you owned that week.</p>
<p>Finn points out that, “About 18 years ago, they changed the business plan. They offered a right to use &#8211; rather than sell a unit that you owned &#8211; you bought points usable at any resort. Sounds great, right? Gives you flexibility.</p>
<p>“Your contract required using their reservation system, but they did not tell the buyers they were competing, not only with other points owners, but with the public!</p>
<p>So, when you buy a time share you are not buying anything! You are buying the right to attempt to make a reservation!</p>
<p>“The resort could easily be totally booked by members of the public using the same reservation system. &#8216;So I have to book one year out? What! I don’t know what I am doing in a year! This is plain crazy!”</p>
<p>“You are not told any of this. So, you buy the time share, try to book something and can’t, get frustrated and want out! This is the reason so many people have flocked to exit companies,” Finn notes.</p>
<p>Next Week: If you still want to buy a timeshare, what you need to know.</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/the-best-way-to-exit-your-timeshare-never-buy-one/">The best way to exit your timeshare &#8211; never buy one</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>The hidden dangers of a &#8216;free&#8217; vacation: Part II</title>
		<link>https://dennisbeaver.com/hidden-dangers-free-vacation-part-ii/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sun, 07 May 2017 06:33:18 +0000</pubDate>
				<category><![CDATA[consumer]]></category>
		<category><![CDATA[contracts]]></category>
		<category><![CDATA[timeshare]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=2642</guid>

					<description><![CDATA[<p>May 5, 2017 • By Dennis Beaver You’ve probably gotten a phone call or a letter offering a fantastic four day three night holiday for next to nothing in Las Vegas, Orlando, Cancun, Newport Beach, Honolulu or other vacation venue, with only one requirement: “Spend about 90 minutes hearing a timeshare presentation.” Just ask Scott Morse, [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/hidden-dangers-free-vacation-part-ii/">The hidden dangers of a &#8216;free&#8217; vacation: Part II</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />May 5, 2017 • By Dennis Beaver</p>
<p>You’ve probably gotten a phone call or a letter offering a fantastic four day three night holiday for next to nothing in Las Vegas, Orlando, Cancun, Newport Beach, Honolulu or other vacation venue, with only one requirement:</p>
<p>“Spend about 90 minutes hearing a timeshare presentation.”</p>
<p>Just ask Scott Morse, Director of Operations at Rockford, Illinois-based Resort Release, Inc, about these so-called 90 minute presentations. “Once they get hold of you, expect to spend hours on the receiving end of incredibly high-pressure, dishonest sales tactics. Many of our clients – who had no intention of buying &#8211; were prevented from leaving until they signed purchase agreements.”</p>
<p>Not long ago two couples who read this column in the Hanford Sentinel reported being kept hostage for hours by Las Vegas timeshare sales reps, finally signing contracts to get out of the room.</p>
<p>“Why didn’t you just walk out?” we asked. “They told us we could not!” was the answer. If you think this just doesn’t make sense, you’re right, it doesn’t until the sheer pressure and fear our readers were feeling becomes clear; False imprisonment, duress, lies and more lies enable some in timeshare sales to earn over $100,000 a year.</p>
<p>Resort Release, which is A+ rated by the Better Business Bureau, attempts to “Legally and Permanently get you out of your timeshare,” as its website states. “But,” Morse tells You and the Law, “An ideal client is the couple who never require our services, as they did not get sucked in to buying a timeshare in the first place.”</p>
<p>Understand how they set you up</p>
<p>Key to not being taken is understanding and anticipating what will take place during a sales presentation, “which will be conducted by not one, but several people, slowly ramping up the pressure, wearing you down,” Morse observes, outlining what typically occurs:</p>
<p>(1) You will likely be taken on a tour of the facility, and the sales rep will try to learn as much as possible about your family and how you vacation, becoming your new, best friend. Beware &#8211; this is a mind game to make it difficult for you to later say no.</p>
<p>(2) Trying to implant the seeds of approval and keeping you mentally thrilled with the facility, you’ll hear, “Wouldn’t it be nice to return here, every year with your family? We help you do it, saving a great deal of money and you’ll profit from this investment.”</p>
<p>But timeshares are not financial investments. They are always money-losing transactions.</p>
<p>(3) A false sense of urgency is created. “Buy today, and you will receive all these valuable benefits, but you must act now before leaving. If you think it over and come back tomorrow, I can’t give you these perks.”<br />
Just ask yourself, “Did they create these benefits just for you? Tomorrow another couple will hear the same, ‘Now or Never’ offer.</p>
<p>(4) If you raise objections, they have an answer for everything, regardless of how dishonest it might be. The classic lie is to show you a graph of hotel room rates, projecting how high they will go and why this $15,000 timeshare is such a bargain. But with highly competitive websites, hotel rates have actually gone down.</p>
<p>(5) Using guilt as a way to get you to sign, with a long, sad face combined with such statements as, “If you don’t buy, I will lose my job.” Or, “You came here, accepted our hospitality, and are refusing! How can you do this?”</p>
<p>(6) Hiding the true cost of timeshare ownership: Ever increasing yearly fees – which can run into the thousands of dollars even if you never use the timeshare – are often not revealed.</p>
<p>(7) Told, “You can cancel at any time.” This is a complete lie.</p>
<p>No time allowed to read the contract &#8211; know how to cancel</p>
<p>“If ever there was a time you need to slowly read the contract, and ideally, take it to an attorney, that’s exactly what you should do if tempted to sign,” Morse recommends.</p>
<p>“Our clients tell us that the fastest part of the entire sales presentation – most which lasted a minimum of 4 hours and some all day and into the evening – was when they signed, not aware these were double-sided documents, with language they had not seen.”</p>
<p>Even if you’ve signed a contract, it is possible to cancel, provided you do so within the number of days allowed by state law, which ranges from three to fourteen. “And you must cancel this contract the right way,” Morse underscores.</p>
<p>“Do not contact the salesperson. Precisely follow instructions for cancellation which will be stated in the contract, and this almost always requires sending a certified letter. Calling will not work, regardless of what you are told.”</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/hidden-dangers-free-vacation-part-ii/">The hidden dangers of a &#8216;free&#8217; vacation: Part II</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>What you need to know about timeshares: Part I</title>
		<link>https://dennisbeaver.com/need-know-timeshares-part/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sun, 30 Apr 2017 20:58:10 +0000</pubDate>
				<category><![CDATA[consumer]]></category>
		<category><![CDATA[contracts]]></category>
		<category><![CDATA[timeshare]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=2638</guid>

					<description><![CDATA[<p>April 28, 2017 • By Dennis Beaver Over 9 million people in the United States own a timeshare. At some point in time, most will regret ever hearing the word, Timeshare. “Hopefully, right after signing the contract–or years later–most will realize this was the worst financial mistake of their lives,” Scott Morse will tell you. He [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/need-know-timeshares-part/">What you need to know about timeshares: Part I</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />April 28, 2017 • By Dennis Beaver</p>
<p>Over 9 million people in the United States own a timeshare. At some point in time, most will regret ever hearing the word, Timeshare.</p>
<p>“Hopefully, right after signing the contract–or years later–most will realize this was the worst financial mistake of their lives,” Scott Morse will tell you. He is Director of Operations at Rockford, Illinois-based Resort Release, rated A+ by the Better Business Bureau and dedicated to helping owners “become free from the never-ending expense that timeshare ownership means.”</p>
<p>A bottomless pit into which you pour money</p>
<p>Timeshares are presented as a great investment, something that will increase in value, a way to beat ever increasing hotel rates, will yield family fun, and can be left to your heirs. However, reality is something else, as Morse explains:</p>
<p>“One of the many lies is that these are investments and can be sold for more than what you paid for it. This is complete nonsense as they are never a financial investment. They are a bottomless pit into which you pour money forever and most have no resale value.</p>
<p>“Owners are willing to give them away in order to stop paying yearly maintenance fees,” he points out, adding, “Just search ‘Buy My Time Share for One Dollar.”</p>
<p>We did and he’s right.</p>
<p>“However for certain families a timeshare can become an investment in memories, its value found in ‘locking’ a family with young children into taking a vacation, and the reasoning goes along these lines: ‘We paid $15,000 for it, are hit with $2500 yearly maintenance and tax expenses, so we have to use it!’</p>
<p>We asked Morse, “But what happens when the kids are off to college and they no longer take a vacation as a family?”</p>
<p>His answer is one of the key reasons that timeshares become a horrible waste of money:</p>
<p>“We have clients who have not used their timeshare for years, yet the maintenance fees–which can run thousands of dollars a year&#8211;continue.”</p>
<p>Victimized by crooked salespeople and high pressure tactics</p>
<p>In the past month, You and the Law was contacted by two couples who went through frightening, similar experiences–held against their will, victims of duress&#8211;with the same Las Vegas timeshare developer.</p>
<p>One in in their mid-70’s, Russ, a Vietnam vet who flew F-4 Phantoms and his wife, Daisy, diagnosed with dementia and by taking one look at her it was obvious. We suspect that Russ is also somewhat impaired.</p>
<p>Checking into their timeshare hotel, and asking if there was a way to lower the $2500 yearly maintenance fee, they were directed to speak with Alex, a sales representative. It was the beginning of a nightmare, held captive for over 4 hours, yelled at, not even allowed to use the bathroom until they had purchased a new timeshare for over $10,000, including “closing costs” of $2800 put on a credit card, “Which I kept telling them we did not want!” Russ told us tearfully.</p>
<p>We left voicemails for the developer’s media contact person and their General Counsel, never receiving a call back, but the next day an email was sent to our reader. “We are cancelling the contract and refunding your payments,” it stated.</p>
<p>The other couple was a 4th grade teacher and his hairstylist wife. Same story. Same property. 4 hours. In tears and not free until they purchased $15,000 worth of “points” and “closing costs” of $3400. We got their contract cancelled as well, but no refund of the $3400. They were happy just to be free of the timeshare.</p>
<p>We can’t tell you who the bad guys are as a Non-Disclosure agreement was required.</p>
<p>“In many cases, people have been kept in a room for over 10 hours, not given water, not eaten, they are exhausted and sign contracts just to get out of there. At least once a month someone come to us who owes over $150,000 in timeshare debt. We have met people who owe more than what their house is worth, it is so scary,” he underscores.<br />
Who becomes a victim?</p>
<p>Is it just the impaired elderly, or nice people who can’t say no who get sucked into signing a contract? Is there an ideal victim of a timeshare sales presentation?</p>
<p>“Salespeople and their managers are equal opportunity, high-pressure sharks,” Morse strongly maintains.</p>
<p>“We have spoken to people at every level of education, from all walks of life who have fallen victim to timeshare presentations, including lawyers, doctors, journalists, and television talk show hosts.”</p>
<p>So, how can you prevent becoming a victim? Next time, Morse will outline for us the steps to take before signing the contract, and what do when you wake up and realize, “I’m in trouble!”</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/need-know-timeshares-part/">What you need to know about timeshares: Part I</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>Why can’t you ever use your timeshare?</title>
		<link>https://dennisbeaver.com/why-cant-you-ever-use-your-timeshare/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Fri, 16 Feb 2024 22:25:37 +0000</pubDate>
				<category><![CDATA[business]]></category>
		<category><![CDATA[consumer]]></category>
		<category><![CDATA[timeshare]]></category>
		<guid isPermaLink="false">https://dennisbeaver.com/?p=4192</guid>

					<description><![CDATA[<p>February 16, 2024 • By Dennis Beaver If you have been kicking yourself and considering a name change to “sucker” for buying a timeshare while on vacation at that nice resort — but you can never actually book a stay — then today’s story will make you feel less guilty. When you are having the [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/why-cant-you-ever-use-your-timeshare/">Why can’t you ever use your timeshare?</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p>February 16, 2024 • By Dennis Beaver</p>
<p><a href="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo.jpg"><img loading="lazy" decoding="async" class="alignright wp-image-4082" src="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo-240x300.jpg" alt="" width="200" height="250" srcset="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo-240x300.jpg 240w, https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo.jpg 300w" sizes="(max-width: 200px) 100vw, 200px" /></a>If you have been kicking yourself and considering a name change to “sucker” for buying a timeshare while on vacation at that nice resort — but you can never actually book a stay — then today’s story will make you feel less guilty.</p>
<p>When you are having the time of your life at a lovely destination, attend a sales presentation and buy a timeshare thinking “How nice it would be to come back here again and again,” this is often the single worst financial decision you could ever make.</p>
<p>Buy it today, new from the developer, for $25,000, and tomorrow it is virtually worthless, a gleaming white elephant that you can’t give back and no one wants — and you are stuck with the yearly “maintenance fees and assessments” that never end and are well over $1,000.</p>
<p>(Timeshares are available on the resale market for a tiny fraction of the original selling price — even for $1 — if you really want one.)</p>
<p>As a result of the morally bankrupt companies that run many timeshares and one enabler — the Better Business Bureau gives some of them an A grade — nothing is ever available when you try to book a timeshare. And, why?</p>
<p>Won a trip to Las Vegas</p>
<p>Late last year two sales associates and their families from a Midwest industrial paper supplier were awarded a week’s stay in Las Vegas.</p>
<p>Their employer phoned me, explaining, “I had to fire one other sales associate for dishonesty, and he was a friend of the two guys. After being let go, he returned home to Las Vegas. When my employees checked into their hotel, who should they run into, but the jerk I fired, and he was selling timeshares.</p>
<p>“He conned them into buying a timeshare, but they have never been able to book a resort stay. Why is this, Mr. Beaver?”</p>
<p>Owners can’t book a stay, but others can</p>
<p>In a 2022 class-action lawsuit filed in the Delaware U.S. District Court against Wyndham Vacation Resorts a former executive, Danielle Henderson, turned whistleblower on why its timeshare owners were often unable to book a stay.</p>
<p>Her position was eliminated after bringing “this integrity concern” to the attention of the company’s CEO.</p>
<p>I have summarized her sworn declaration:</p>
<p>“Wyndham misappropriates owner inventory for its own financial gain, severely reducing the availability of accommodations and resulting in an inability to reserve on its website, but giving it to other, publicly accessible booking sites like Expedia.</p>
<p>Senior leadership is aware of this issue, yet continues to force owners to remain in their contracts even while knowing these business practices are the direct causes of the problems being experienced by owners.</p>
<p>None of this is disclosed before timeshare purchase agreements are signed.”</p>
<p>Blatantly fraudulent</p>
<p>“This industry-wide fraud has been known for years,” observes attorney Mike Finn, of Finn Law Group in St. Petersburg, Fla.</p>
<p>Heis one of a handful of attorneys in the country who concentrate on timeshare law.</p>
<p>“Access to your timeshare is based on availability, but you are competing with members of the public to use something that you’ve paid for, but the public have not paid a thing, yet. They can get it, and you can’t because it often is not available to the timeshare owner.</p>
<p>“So, when you realize what’s going on and that your first chance to use the timeshare could be a year or two away, you try to cancel. By then, it is well beyond the cancellation period spelled out in the purchase agreements. It is truly maddening.”</p>
<p>So I’ll just hire a timeshare exit company</p>
<p>Finn correctly warns that virtually all exit companies are not run by attorneys and to steer clear of them — a point I agree with. Each one I looked into proved to be a scam.</p>
<p>The catchy but misleading radio spot by Chuck McDowell, CEO of Wesley Financial Group, incorrectly tells us “the ugly truth about timeshares &#8230; even when you die, your family will be stuck with this burden.”</p>
<p>The truth is that anyone who receives a timeshare through an inheritance or gift can decline to accept it, in writing.</p>
<p>The Timeshare Law Firm, a national law firm based in Melbourne Beach, Fla., has filed a class-action suit against some of the largest in America. Its website shows which ones they are.</p>
<p>To see how the BBB grades the timeshare companies on the Timeshare Law Firm list, visit www.bbb.org and do a search. Some of the companies have been given D or F grades or are not rated, but others have gotten As.</p>
<p>See my article Best Way to Exit Your Timeshare: Never Buy One in the First Place, for some advice on how to best buy a timeshare if you really want one and how to go about getting out of a timeshare you’ve already bought.</p>
<p>The post <a href="https://dennisbeaver.com/why-cant-you-ever-use-your-timeshare/">Why can’t you ever use your timeshare?</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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