TSS issue taken offline.

[JimFitz]

Deleted.............taking this item offline with TSS.

 

[drakethib]

Wow !!!


This is the first time I ever heard of anyone saying anything bad about the TTS.

I would contact Tom directly as if what you are saying is true, I am sure he would not tolerate it.

 

[Ms.Mouse]

What does the agreement say??? I'm not very knowledgable about buying/selling timeshare (which is why we decided to go through DVC) BUT, I would think that if you are selling property/timeshare that before this guy could have sold it, you must have made some sort of formal written agreement that you were selling it in the first place??? I would think people can't just take your property and sell it to someone else without a signature belonging to you allowing them to sell. What does the "fine print" say of whatever contract you had with them??? If there is no contract, I'd think you could leave it OR pull it off the market as you wished... AND if you didn't sign the papers saying you were sellling it, I'd think you can lift it off the market as you will.




Sorry you ended up having problems. Let us know how this ends for you...Hope all goes well.

 

[DiznEeyore]

Wow!! What a pain!! We've dealt with them several times and had no problems ... I'm really surprised they're doing this!

I can't imagine why they'd feel they could pursue something since a) you'd already pulled your listing via voicemail (that should predate anything they called you with afterward) and b) you hadn't signed anything as far as agreeing to that specific sale.

I could see if you'd already agreed to the sale, filled out the initial paperwork, and were just waiting for closing... But to be all up in arms and contacting lawyers in a case of crossed wires?? Not cool.

Please let us know how things turn out!

 

[JimMIA]

I was on the other end of that same scenario the first time I tried to buy resale.

A contract was listed by a broker in good faith.

I offered the listing price, and that should have been a deal because the seller had a contract with the realtor to complete the sale if someone offered to pay the listing price.

But my seller was unscrupulous and tried to reneg on their agreement.

The broker had listed the property in good faith, and I had made an offer in good faith, so the broker tried to enforce the contract -- as they should have, because they have legal and ethical responsibilities to both parties under Florida law as a transaction broker.

Unfortunately, my seller lived in Argentina and we could not enforce the contracts.

Sounds like you were not so lucky.

Good luck with your lawsuit.

 

[checkwriter]

In the normal course of most real estate transactions, the seller is basically soliciting an offer to buy. When the buyer makes that offer, it is the seller's to accept or reject. In that scenario, even if your listing was presented to a potential buyer, you have the power to reject the offer to buy. This way the seller retains the ability to change his/her mind up to the point the offer is accepted. This goes to some of the basic precepts of contract law.

You should take a close look at your agreement with the TSS. If it follows this model, then it seems that the TSS if off base in trying to force you into accepting the offer.

 

[LisaS]

I've only been on the other side of this and as a buyer and I must admit it never even occurred to me that the sellers might have a change of heart after listing the contract. I assumed they were as anxious to sell as I was to buy! So I'm just curious what options are open to the seller.

When someone lists their timeshare with TTS, isn't there some initial paperwork that the seller fills out and signs prior to the contract being listed for sale? At a minimum I would expect that things like the size of the contract and the asking price/point are all spelled out in writing. I would also expect there is something in the contract about whether or not the seller has the right to reject an offer or change his/her mind about selling the contract. There are a few people here who have listed contracts with TTS recently. Anyone care to enlighten the rest of us as to what is in the contract that the seller signs when listing a DVC contract with TTS?

 

[Beca]

Hmm...I have sold a couple of contracts via TTS. If I remember correctly, their contract states that you have the right to list with others and also to sell your contract yourself. However, I think you were supposed to notify them IN WRITING of your intent not to sell. I seem to remember reading (and, I do not have those contracts handy), that the rule was, if they found a buyer for you BEFORE they received word in writing of your intent to pull the listing, that you are still responsible for paying the broker fees for the sale of that contract.

I understand your frustration, but I feel you are trying to "strong arm" TTS by posting this on this site...that's not cool, either. Check your contract...there is VERY specific language governing this in your contract. If you followed it, you have nothing to worry about. If you did not....then you need to pay the broker fees. If there is no method mentioned about how you would notify TTS that the contract was no longer available, then a phone call would be fine.

Either way....if you really want to get this resolved, I would contact Tom Yeary personally (he is a frequent poster on this site). He is a very nice person. I just think you might draw many more bees with honey, instead of vinegar.

I wish you luck in resolving this,

Beca

 

[Dean]

I'd read your contract. Tom states the contracts are non exclusive. They can't force you to sell but depending on the terms, they might be due their commission in this situation. Still, if you notified them you didn't want to sell, I'd think they would accept that, esp. with the non exclusivity. Did you receive the paperwork. It does sound fishy that they would all of a sudden have a buyer and it'd have to be at your asking price since there were no negotiations. It also sounds strange they would be sending the paperwork without at least contacting you with an offer.

As presented, it sounds like Jason is trying to scare you to continue and I'm doubtful they really have a buyer. If they do, I'd look over the paperwork before you proceed, both the contract they are offering and the contract you signed to list with them.

 

[JimMIA]

Deleted because I appear to have been wrong.

 

[browniemtb]

Makes no sense!!!
As the owner of the property, and as others have said, you have the right to accept or reject the offer. Also they can't sell your interest with out a valid signature. Where is TTS going with this.....it will cost them more in legal fees than they probably would have made on the sale. Even if you have to notify them in writting the DVC is still yours..........defend yourself..
Brownie

Good Luck

 

[JimMIA]

Surely we all realize that we're only getting one part of one side of the story here.

 

[DVCconvert]

we're only getting one part of one side of the story here

Exactly what I was thinking

 

[smjj]

You know, I am not going to comment one way or another on 'strong arm tatic' or the such. However, I think this is what the forums are all about. They are not just 'happy post places'. These forums are full of questions, concerns and gripes on MANY subjects that members have. Others comment and critisize or aggree. Thats the whole purpose of the forums itn't it? I mean, I read this post, I can now choose to believe the OP or not. Either way I am now a little more prone to read fine print or be more aware if we were to ever sell our Timeshare. We also purchased thru The Timeshare Store and it went very smoothly. The folks were very pleasant. Who is to say but I sure don't want this site to be sensored more than it needs to be just because some don't like the comments or post of others...smjj

 

[DisDaydreamer]

I would move up the ladder and talk to superiors. This doesn't make sense to bite the hand that feeds you. I agree this seems to be strong arming or at least a bluff, but I don't have all the facts. I understand your frustration and lack of recourse short of spending money with an attorney, but I am pretty uncomfortable with this thread. Anyway, I say go back to TTS and talk to the higher-ups in a sensible, future customer sort of way. Good Luck!

 

[sajetto]

You know, I am not going to comment one way or another on 'strong arm tatic' or the such. However, I think this is what the forums are all about. They are not just 'happy post places'. These forums are full of questions, concerns and gripes on MANY subjects that members have. Others comment and critisize or aggree. Thats the whole purpose of the forums itn't it? I mean, I read this post, I can now choose to believe the OP or not. Either way I am now a little more prone to read fine print or be more aware if we were to ever sell our Timeshare. We also purchased thru The Timeshare Store and it went very smoothly. The folks were very pleasant. Who is to say but I sure don't want this site to be sensored more than it needs to be just because some don't like the comments or post of others...smjj

You took the words right out of my mouth.

 

[browniemtb]

Surely we all realize that we're only getting one part of one side of the story here.

Very good point................

 

[JimMIA]

Actually, now that I go back and look more carefully at Jim's OP, I think I was wrong. I believe it might be the ORIGINAL thread. Yesterday, the mods said they removed it pending review, and I can only assume they reviewed it and decided to let it continue.

I've edited my previous post to reflect my mistake.

 

[Disneyrsh]

.

 

[JimFitz]

Especially when the mods removed the original thread, and then later locked a subsequent thread (not started by this OP) regarding their decision and stated their reasons for closing the original.

It gets to be a "What part of 'No' don't you understand?" exercise.

It's pretty hard to attribute good motives when a poster knows the target of their attack can't respond in a forum like this -- and has also been told several times, both publically and privately, that their actions are inappropriate.

JimMIA, get your facts straight. I opened this thread to state my frustration. I belong to many discussion boards with Sponsors, and they are able to respond to customer comments (good or bad) in the public forum. I in no way posted this knowing that TSS could not respond, and quite frankly I was shocked that the thread was immediately locked and that TSS would not be able to respond. I talked to the mod via PM and he told me he was investigating.....I was mad, but left it alone. Then, Rinkwide opened a thread asking if we (posters) we not allowed to bash sponsors. I posted my comment there that I was not happy. I did not repost the original thread and just posted that I was not happy.....but no specifics because I knew the Mod was working behind the scenes.

So what do you mean by "what part of no don't you understand"?????


To all other posters..... TSS is not mandating that I sell my timeshare. However the calls from them have been "where do you stand with signing the papers?" and I would repeatedly tell them I am not selling. They went the route of making me feel like I was obligated to sell and that I had to. When they finally realized that I was not going to sell (repeated emails from me) They then tell me they want their listing fee of $1800 dollars.

When I listed with them I repeatedly asked if we can we pull out and anytime and their salesman told me "yes, no problems". I wanted to keep my reservations opened and they said "sure, you dont have to sell if you don't want to". There was never any mention that I would be responsible for the listing fees if I decided not to. Their salesman said "let me fax you the paperwork so we can list it on our site". "We need you to sign this so we can list your property". I recieved the paperwork and signed and faxed back....did not see anything about being required to pay the listing fee if they found a seller, and from my conversation with the salesman I thought this was a signature formality in order to list.

I dont have my original paperwork. It was two pages that needed my name, address and telephone # in order to list the property and I just faxed back and that was it. It did not seem to list any legal information. I may have the paper work at my other office, but I would need to check.

I just find it funny that after I call and leave a vmail to delist my property, I get a call a day and a half later saying they found a buyer offering full price. This seems fishy, but may just be crossed wires.

In the end I looked at this like a real estate transaction where I would have the right not to sell to anyone I did not want to, and would not be liable for any fees.