Resale gone bad

[stuartsong]

I just completed the closing for 270 points (October use year) at Vero Beach through Pat Spell at Timeshare Store. The contract clearly stated 17 banked points from 2001, 270 points from 2002 which were suppose to be banked. When I checked with Disney, there was 65 point missing. I only received 222 points from 2002 and they were not banked. Apparantly, the previous owner used the points after listing it with The Timeshare Store.

What really bothers me is that Pat has not called me back at all. I have left her messages concerning this issue. Instead Tom Yary has called me, but there is still no resolution. The Timeshare Store never did a complete check of the points the owner was claiming. Also, this re-sale took almost 4 months to close. I had to follow up with Pat each time as to when this would close. I am disgusted with the service provided by Pat. I had purchased two other resales through Timeshare Store with Jerry. In those transactions, everything was perfect.

Any suggestion on what my next course of action should be? This resale was clearly a misrepresentation by the seller and the Timeshare Store.

 

[Granny]

I'm sorry to hear about this. No consolation to you, but this seems to be a pretty rare instance where the contract and actual points are not in agreement.

I'm not a lawyer, but it seems a pretty clear case of breach of contract. It would seem the easiest thing would be to get a settlement of a refund from the seller of an agreed upon amount.

Like I said, I am not a lawyer, but you might want to contact one to see what your options are.

 

[buzz5985]

I had trouble with my timeshare also. But wait. It could still be OK. The Timeshare Closing Company ended up resolving the problem and not the agent.

When I called Disney to see if my points were in my account, they weren't, because something was wrong. So they did a audit of the account. I should have had 37 banked points, plus 150 current points. Ended up being 67 banked points!!! Plus the 150 was there. So try calling the Closing Company. Mine also took over 4 months to close.

 

[rsschneck]

We used Pat from The Timeshare Store in October. She was great and so was the closing service. Everything was as it was stated. Sorry, to hear of your experience. I would continue to persue it through the broker and closing agency. I would be upset if that had happened to me. Let us know what the final outcome is.

 

[SlyHubby]

The contract clearly stated 17 banked points from 2001

just thinking out loud here - but, how could there be 17 banked points from 2001? being that it's 2003, wouldn't they had to have been used by now? I suspect that the contract you bought probably hasn't sold for a long time and the information was out of date and they didn't think of updating it.

regardless of that, I agree, that if you have something in writing stating the points that should have been there, that is what you are entitled to. either the Timeshare Store or the prior owner owes you some compensation. Since they cannot give you the points, I would suspect some sort of monetary reimbursement is in order. Hit them up for something in the $5 to $10/point range.

it will work out - clearly, if you have a contract and they did not provide what was stated they are wrong. I seriously doubt you need to go through legal means to resolve it (but let them know you will if you have to).

good luck.

 

[joepoe]

Originally posted by SlyHubby
just thinking out loud here - but, how could there be 17 banked points from 2001? being that it's 2003, wouldn't they had to have been used by now? I suspect that the contract you bought probably hasn't sold for a long time and the information was out of date and they didn't think of updating it.

good luck.

October use year. 2002 is not over yet with that use year.

 

[JOC]

just thinking out loud here - but, how could there be 17 banked points from 2001? being that it's 2003, wouldn't they had to have been used by now?

It's an October use year, so banked 2001 points would have until September 30, 2003, to be used.

 

[rgilmour]

We also had problems with our closing with the Timeshare store.
My DH was at first unsure about the purchase and the experience with the Timeshare closing has left him feeling even more unsure about purchasing more points (wah!).
In our experience it was a long closing time and repeated mistakes with the company and agents that were just simply unprofessional. When we tried to explain to agents how unhappy we were they were unresponsive and offered lame excuses for the problems, unprofessional handling of our closing and extraordinarly sloppy way in which they dealt with problems that arose (and there were many).
Once we were in the DVC system everything changed. We began recieving DIsney type courtesy and professionalism.
It really is unfortunate that the Timeshare Store seems not to be concerned about customer satisfaction or happiness.

 

[JudithM]

Originally posted by rgilmour
We also had problems with our closing with the Timeshare store. My DH was at first unsure about the purchase and the experience with the Timeshare closing has left him feeling even more unsure about purchasing more points (wah!).
In our experience it was a long closing time and repeated mistakes with the company and agents that were just simply unprofessional. When we tried to explain to agents how unhappy we were they were unresponsive and offered lame excuses for the problems, unprofessional handling of our closing and extraordinarly sloppy way in which they dealt with problems that arose (and there were many).
Once we were in the DVC system everything changed. We began recieving DIsney type courtesy and professionalism.
It really is unfortunate that the Timeshare Store seems not to be concerned about customer satisfaction or happiness.

The Disney courtesy & professionalism you mention is why we bought our original contract & our add-on through Disney. Before we closed the first time a DVC member told us that Disney would not let us sign any papers without completely understanding what we were - how true . Disney even brought in someone knowledgeable of the laws in our state at the time. We had some additional papers to sign & again we didn't sign until we knew what we were signing.

I am sorry that the origianl poster is having trouble with their resale purchase.

 

[Cruelladeville]

Well, I suppose that you could say that you were lucky someone from the Timeshare Store even called you back--I have been trying to get a small contract for over a year, and not once did they call me. I did all the calling, even pointing out contracts on their web site that they didn't seem to know were there! I couldn't recommend them from these experiences, although I have dealt with Shontell--who now has her own agency--and she was definitely "on the ball".

It's too bad that they are letting their reputation go down. I would think that the Timeshare Store might be rather concerned with everyone on this board hearing about this --we all are a significant part of their business, aren't we?

 

[CaptainMidnight]

Just a note -- The Timeshare Store is our site sponsor, and I appreciate their support of this DVC forum. I enjoy sharing ideas and learning more about my investment here.

Is this thread getting too specific about an individual's responsiveness and still consistent with our posting guidelines? Just a thought, it's not my call.

 

[robinb]

I'm sorry to hear that people have had problems with Pat and the Timeshare Store . FWIW, Tom Yeary is the owner of the company, so I think he would be the best one to handle any serious problems such as this. In the Timeshare Store's defense, they may have also been caught be surprise by the seller's use of the points after the contract was signed. I agree that the seller misrepresented the sale.

I bought both my resales from the Timeshare Store (one using Pat) and was happy with both transactions while I had "call back" problems with the other resale agents mentioned as better at that kind of thing.

As for the point descepency, IIRC the exact number of points, including those banked, etc is on the contract that is signed by both parties when the offer is accepted. The closing company should have picked up on the fact that the true number of points was less than on the contract as that's one of the things you paid them for. I would continue to work with Tom and I would also call the closing company and follow up with them. You should be compensated for the missing 65 points. I would also call the Attorney General's office of your state and the state of Florida. They should be able to help you sort out your legal options.

Good luck in working things out.

 

[luckytso]

Stuart, I am sorry for the lost point. I would think the closing company should be able to do something since they were really the one who handled everything.

I have bought several contracts from Pat Spell and I have never had any problems with her. She knows what I am looking for and she always calls when something good comes in before they put it on the board. I bought several this way with great prices. Also, she is more willing to present offers that are lower than usual to the sellers. I bought a HH contract (maybe September or even later last year) for $50 per point (seller paid closing and maintenance).

Good luck, I hope they can work out something with you.

 

[Duchie]

I know Pat was on vacation for most of this past week. So if you were not receiving calls back from her this week, that could have been the cause.

 

[vernon]

I just wanted to echo ( or underline) Robin's point. As I see it, your main beef should be with the seller. Ultimately they hold the current information on their points and should know that what they legally promised to sell you, is not what you have received. Even a title/closing company, I think, would struggle to have a day to day update on points used etc, so I can see how the Timeshare store could be in a situation where it is impossible for them to accurately monitor the seller and ensure they are completely honest. It may be that the seller had forgotten they had used or booked those points, but IMHO they have a duty to inform you of the correct status of what's being sold.

Without knowing the timeline of your complaint it's difficult to see if you're justified in being quite so personal with your attack. I don't know if the lady concerned is, as has been stated, on vacation. Nor do I know if the time she has been away covers all the time of your dispute, but I would suggest she deserves the opportunity to address your problems if it has been a very recent situation.

I understand how frustrating it must be when things go wrong, but this does appear to have the potential to be a complex situation with a number of individuals and institutions needing to be contacted and questioned. if the company have promised to look into the situation, and are doing so, I can understand why this could take a couple of weeks to remedy.

I hope the timeshare store are able to help you with your problem ( and I understand that, as they were the company you dealt with, you would expect that) , but on the initial reading of this situation I feel your genuine issue is certainly with the seller and possibly with the title/closing company.

 

[CarolA]

Well, I think there is some blame to go around here with the Timeshare store and the closing company. I just signed my documents this week and it says that the seller is giving me 100 pts each year with 100 pts banked from last year.

If that turns out not to be what I get then in my mind the title company did not do their job and I would consider an attorney to void the whole deal (or at least negioate) I think if I were Stuart I would contact an attorney for advice.

 

[TCPluto]

Everybody: lets just relax, take a deep breath and go to our happy place.... (WDW, right?)

We had a small problem wth an OKW resale this past spring, NOT through the Timehare Store, but another resale company.

The offer was for all of 2002 use year points banked and all of 2003 use year points available (June use year).

When the contract closed the first week of May, I called MS and they told me that the 2002 points had never been banked, therefore would expire in the next 28 days! Additionally, they told me that I had all of 2001 use year points banked into 2002, which would also be expiring in 28 days!


Holy cow! What to do?

I called Barb Worden at the Timeshare Closing Service and the resale agent (again, not The Timeshare Store).

Long story short, Barb was able to get Disney to honor the 2002 use year points banked into 2003 use year. Then, I scrambled and rented out the 2001 use year points banked into 2002, which would have expired in only 3-4 weeks. Barb was able to accomplish this in less than 24 hours from the time the error was discovered.


Final Analysis:

Four families got a very good deal on Disney vacations as a result. Three of them were DVC members. I think everyone was happy.

Given just a little time (very little), the problem was resolved correctly. No complaints. The resale agent (did I say not the Timeshare Store?), The Timeshare Closing Service and Disney ALL did the right thing. There was no need to get attorneys or AG offices from anyone's state involved. I trust this will be resolved in a similar fashion.


We will be closing on a BWV contract on Monday WITH Pat Spell from the Timeshare Store. Every interaction has been very good, working with Pat and The Timeshare Store has been a very positive experience.

I'm confident that both she and the rest of the staff at The Timeshare Store value their reputations too much to not work vigorously to right the matter.

Well, enough of all that. Time to go close the Nat'l Cherry Festival (ends today).

Remember, go to your happy places...

 

[SlyHubby]

Given just a little time (very little), the problem was resolved correctly. No complaints. The resale agent (did I say not the Timeshare Store?), The Timeshare Closing Service and Disney ALL did the right thing. There was no need to get attorneys or AG offices from anyone's state involved. I trust this will be resolved in a similar fashion.

TCPluto, the original poster has already said they have been getting no response from the Timeshare Store. I would think the courtesy of a response wouldn't be too much to ask for considering a mistake was made on someones part (definitely not the buyer) - don't you? If the Timeshare Store is not being responsive to the buyer, exactly how long do you think the buyer should wait before moving on to more forceful means of resolving the situation?

As I see it, your main beef should be with the seller.

No, I'm sorry vernon, the main beef should be with the Timeshare Store. They are responsible for listing the contract. If they are not responsible and accountable for verifying the facts of what they are putting on the contract, then what exactly is their purpose here? A listing service? It doesn't take a real estate license to simply advertise.

 

[TCPluto]

If Pat was on vacation and the OP is waiting for a return call, it may be a while.

This matter was posted on Friday in the late morning. I think it is reasonable that The Timeshare Store is working on the matter, and may be waiting for Pat's return to assist in clearing up what the issue is.

In any event, getting angry and all worked up is accomplishing nothing for the OP. I think the matter will resolve itself.

Good luck Stuart, I hope it is resolved quickly for you. I still suggest patience.

 

[anniet]

Sorry to hear about your misfortune, I hope that things work out for you.

Thanks for making me happy I went directly through DVC for my initial contract AND the add-on!