Help needed with refund from Sellmytimesharenow.com

[Annielkd22222]

I sold my timeshare through the timeshare store for Disney's Baylake Towers. The terms of agreement I thought I signed and that are posted on their website say they are so confident they will sell that I can have a refund if I sell somewhere else at a price the same or higher. A few weeks into the post I dropped my price, first (and lower) at sellmytimesharenow, then a few days later at two others. Now they say my contract says that it must sell at the price I had within 90 days (my first price) to get the refund. I checked online via phone and e-mail and was too repeatedly that it just had to sell higher than their price. NEVER did they say it had to be for 90 days. (It was 60 days). Anyone know how I can get my refund? Do they have to abide by printed advertisement? They don't even have a real contract, it was online and I never signed, just clicked agree. I can't be sure I ever even saw that 90 day Refuns thing. HELP!

 

[RobDoc]

I sold my timeshare through the timeshare store for Disney's Baylake Towers. The terms of agreement I thought I signed and that are posted on their website say they are so confident they will sell that I can have a refund if I sell somewhere else at a price the same or higher. A few weeks into the post I dropped my price, first (and lower) at sellmytimesharenow, then a few days later at two others. Now they say my contract says that it must sell at the price I had within 90 days (my first price) to get the refund. I checked online via phone and e-mail and was too repeatedly that it just had to sell higher than their price. NEVER did they say it had to be for 90 days. (It was 60 days). Anyone know how I can get my refund? Do they have to abide by printed advertisement? They don't even have a real contract, it was online and I never signed, just clicked agree. I can't be sure I ever even saw that 90 day Refuns thing. HELP!

What is being refunded? Did you pay them something up front?

 

[Annielkd22222]

Yes, I was an idiot....and didn't do enough research first.

 

[Brian Noble]

I'm going to guess the 90-day limit is in the fine print somewhere in the documents you signed. These guys are not new to this.

 

[Dean]

I sold my timeshare through the timeshare store for Disney's Baylake Towers. The terms of agreement I thought I signed and that are posted on their website say they are so confident they will sell that I can have a refund if I sell somewhere else at a price the same or higher. A few weeks into the post I dropped my price, first (and lower) at sellmytimesharenow, then a few days later at two others. Now they say my contract says that it must sell at the price I had within 90 days (my first price) to get the refund. I checked online via phone and e-mail and was too repeatedly that it just had to sell higher than their price. NEVER did they say it had to be for 90 days. (It was 60 days). Anyone know how I can get my refund? Do they have to abide by printed advertisement? They don't even have a real contract, it was online and I never signed, just clicked agree. I can't be sure I ever even saw that 90 day Refuns thing. HELP!

You need to review what you actually signed, that will be the governing document in this situation. I'm betting you won't get this back. You could try the state Timeshare governing office (? FL), the BBB and the state AG. You could file a small claims action.

 

[Annielkd22222]

I couldn't rad it properly, and they don't give you papers to sign, you hit accept. Nor do I have a copy either because it couldn't be downloaded. I'm SURE they are not new to this, but I'm trying to figure out how to get OUtT! I'm going to contact the attorney general since I never signed and it's posted online that they will refund the money.

 

[drusba]

What Dean suggests is correct and you need to understand legally what "sign" means. If there is some agreement or waiver on-line and you click to show your agreement, that is the same thing as signing an agreement so you need to find out what you actually agreed to on-line.

 

[marynvince]

if you paid via credit card you can dispute the charge and let the cc company sort it out.

 

[Annielkd22222]

What Dean suggests is correct and you need to understand legally what "sign" means. If there is some agreement or waiver on-line and you click to show your agreement, that is the same thing as signing an agreement so you need to find out what you actually agreed to on-line.

I asked them to provide the document they said I "signed" and they didn't, they just sent me an excerpt supposedly from it. I sent them the quote from my terms of agreement....which are clear. The girl then said to talk to her manager.....and I asked for the contact information.....and they haven't responded.

 

[Annielkd22222]

if you paid via credit card you can dispute the charge and let the cc company sort it out.

Can you dispute a charge you made? I did pay by credit card.....but I expected a refund. Wouldn't that be some kind of fraud?

 

[LorieDisneyLover]

Can you dispute a charge you made? I did pay by credit card.....but I expected a refund. Wouldn't that be some kind of fraud?

It is NOT fraud to dispute a charge for a service you are dissatisfied with.


You paid for a service and you were not satisfied. All credit card companies allow you to dispute a charge for not being satisfied with a service or a product.

My guess is that this company will back down the minute your credit card intervenes b/c they know they cannot get away with what they are doing.

When dealing with the credit card company gives them all the facts and details& they will work it from there.

 

[Brian Noble]

I'll take that bet. This outfit has been in this business (the up-front fee "business") for a very long time. If the OP issues a chargeback, the company will respond with their legal boilerplate showing they delivered on what was promised (a timeshare listing) and that the refund conditions (sold at the original listing price) were not met. The CC company will then reinstate the charge.

The OP has already admitted that they did not read the terms in the click-through agreement. If the "original price" clause is in there, the credit card issuer is going to side with the company.

 

[JimMIA]

Can you dispute a charge you made? I did pay by credit card.....but I expected a refund. Wouldn't that be some kind of fraud?

Just being disappointed with a company's service is not fraud. Not understanding the terms of the agreement is not fraud. From what little I know of this company, I'm not a fan, but I don't see any indication that they entered into the agreement intending to not comply with their part of the bargain.

I wish you luck, and I hope you get your money back...but I don't see any fraud here.

 

[JimMIA]

It is NOT fraud to dispute a charge for a service you are dissatisfied with.

You paid for a service and you were not satisfied. All credit card companies allow you to dispute a charge for not being satisfied with a service or a product.

True...but

What will happen is the credit card company will initially review the transaction and complaint. If they feel their cardholder has a legitimate complaint, they credit the account pending the outcome of their investigation.

If the business agrees, or they feel the business acted improperly, they charge the transaction back to the business.

If they feel the business kept up their end of the bargain, they tell the cardholder, "too bad, so sad," and the charge is reinstated and must be paid.

 

[bumbershoot]

I couldn't rad it properly, and they don't give you papers to sign, you hit accept. Nor do I have a copy either because it couldn't be downloaded.

Ouch.

 

[Annielkd22222]

Just being disappointed with a company's service is not fraud. Not understanding the terms of the agreement is not fraud. From what little I know of this company, I'm not a fan, but I don't see any indication that they entered into the agreement intending to not comply with their part of the bargain.

I wish you luck, and I hope you get your money back...but I don't see any fraud here.

The fraud I was referring to was if I disputed the charge with the credit card. However, they put it in writing that they would refund it if I sold it above their price, they also put it in their terms of agreement, and reaffirmed this when I called to check. The fraud is I've never seen the part saying it had to be 90 days before I could sell it somewhere else.

 

[Annielkd22222]

Just being disappointed with a company's service is not fraud. Not understanding the terms of the agreement is not fraud. From what little I know of this company, I'm not a fan, but I don't see any indication that they entered into the agreement intending to not comply with their part of the bargain.

I wish you luck, and I hope you get your money back...but I don't see any fraud here.

So, if I post online that I'll sell a specific car to you, you pay, and I deliver a different car.....that's not fraud? I'm not dissatisfied, I was told I could sell it somewhere else for a higher price and get my money back. I was told they were so confident that they could sell it, that if I did sell it, that my money would be refunded. When I got the offer, they said I had to wait till I got a proof of sale, only then did they say...,nope, it wasn't at that price 90 days ago. (I didn't even list it 90 days ago).

 

[twinsouvenirs]

It is totally worth

a) disputing the charge on the cc
b) contacting the attorney general
c) finding an inexpensive or free attorney (friend, relative) to write a dispute letter and demanding a copy of the contract in full
d) calling the company and demanding to speak with the manager
e) demanding a copy of the full contract...

Because if you are enough of a PITA they may just give it up, especially if the cost of legal defense will be higher than the $ they stand to keep. I understand that you may have signed, it may be legal, it may be binding... BUT if the advertising is very misleading and so were their representations/answers to your questions... you may be able to have a lawyer write this up in a threatening enough manner that they or their lawyer may decide it's cheaper to refund you than fight you. Especially if you get the money credited back, even temporarily. Explain the dispute over their representations to your cc and your card may find in your favor.

DISCLAIMER: This is not legal advice and I am not an attorney licensed in your jurisdiction.

 

[LorieDisneyLover]

You have nothing to lose and everything to gain by disputing this through your credit card company.

I'm saying this because I've read your other threads about this company and everything you have gone through with them misleading you. You have a strong case against them.

Be sure to show the credit card company their history at the BBB, along with all the ways they have mislead you.

I strongly believe you will win this case by going through your credit card company … but don't wait too long … there are time limitations.

 

[LisaS]

I couldn't rad it properly, and they don't give you papers to sign, you hit accept. Nor do I have a copy either because it couldn't be downloaded. I'm SURE they are not new to this, but I'm trying to figure out how to get OUtT! I'm going to contact the attorney general since I never signed and it's posted online that they will refund the money.

Is there any way you can get another look at what you signed by going back to their site? You say you couldn't download it, but can you select it on the webpage, then copy and paste it into your own document? If that doesn't work, can you get a screen capture?