TSS issue taken offline.

[bobbiwoz]

It doesn't seem like "strong arm" tactics to me.
Bobbi

 

[LisaS]

Then why did their salesman fail to inform me that I would be required to pay a fee if I did not choose to sell. This was brought up during the conversations numerous times and all I got was :sure, no problem....your not required to sell". Never a mention of their fee.

If you had pulled the listing prior to them finding a buyer, then I expect you wouldn't owe them anything. If they found a buyer willing to pay your asking price, you could probably still back out of the deal but would owe TTS their commission for fulfilling their end of the contract. So you may not be required to sell, but you probably owe them a commission.

As far as loosing the paperwork, I think its in my other office. However, this paperwork did not seem like a formal contract at all....looked more like a customer information sheet than anyhting else. I have seen many contracts in my days and have bought a sold a large amount of commercial real estate. Have I sold timeshares, no. However, I was not under the impression that you are responsible for a comission when you decide not to sell.

I think you should track down that paperwork to see exactly what you agreed to when you signed it.

 

[rinkwide]

No matter which side of the argument you're on, this discussion is an important one for all DVC members that might eventually be faced with selling a contract.

I think we all owe the DIS webmaster a tip of the cap for reinstating this thread. I expect it was a hard decision and I'm glad the right choice was made.

 

[jarestel]

No matter which side of the argument you're on, this discussion is an important one for all DVC members that might eventually be faced with selling a contract.

This is probably the most significant post in the whole thread. Though I don't understand why anyone feels obligated to take sides in a dispute between JimFitz and TTS, nevertheless the issue is certainly one that DVC members should be aware of. I second rinkwide's tip of the cap to the DIS mods.

 

[prez65]

Never sign anything...even if it does not look like a formal contract..until you read and understand everything that is written. I do not care what the salesperson said...even if you have it on tape...what matters is whats in writting and that you signed after the phone conversation....

I get contracts signed all the time..part of my job.....I can not tell you how many people sign them without reading them....it baffles my mind!

 

[lillasmom]

No matter which side of the argument you're on, this discussion is an important one for all DVC members that might eventually be faced with selling a contract.

I think we all owe the DIS webmaster a tip of the cap for reinstating this thread. I expect it was a hard decision and I'm glad the right choice was made.

Agreed! Ain't it great to be an American....

 

[Doug7856]

This discussion really isn't fair to all parties involved. We are not the jury. We don't have access to all papers/contracts that were signed. One party is not even permitted to respond. I'm sorry there is disappointment with this issue on the part of the seller, but I don't think the posts attacking TTS are evenhanded since they are one-sided and in light of these limitations, I don’t think this is a fair forum. Just my opinion, please don’t be offended.

 

[ilovepooh]

I don't think it's "strong arming" to ask you to pay their commission. TTS worked hard to *sell* your timeshare, that's what you wanted them to do.


They have an EXCELLENT reputation and I feel that they are justified in asking you to pay for their time spent on your contract. I agree with another poster-it's like paying "stupid tax." JMHO.

 

[Sammie]

If the contract states you owe the commission and you are trying to get out of paying, then your bad.

If they are trying to pressure you into selling after you have let them know you are not interested any longer regardless of the commission owed, their bad.

 

[Sammie]

This discussion really isn't fair to all parties involved. We are not the jury. We don't have access to all papers/contracts that were signed. One party is not even permitted to respond. I'm sorry there is disappointment with this issue on the part of the seller, but I don't think the posts attacking TTS are evenhanded since they are one-sided and in light of these limitations, I don’t think this is a fair forum. Just my opinion, please don’t be offended.

Not taking sides with Jim or the TSS, as you stated all facts are not known. But as to not posting here, why is this different from anything posted here against Disney or DVC, or any other restuarant or limo service, etc. We only get one side of those stories.

 

[Deb & Bill]

I'm still wondering why they didn't return Jim's phone call where he left the message that he had decided not to sell prior to being notified of the sale, which appeared to be a few days later.

 

[RobDoc]

... One party is not even permitted to respond. ...

Just to clarify, anyone may respond on this thread- including posters representing TTS. There is no prohibition regarding comment.

The OP has made it clear in this thread (hopefully in writing too) that he only wants response made thru his attorney -"I have contacted my attorney and notified him of the issue. I kindly request that you pursue this matter via my attorney ..."

IMO, there is no benefit of any response by TTS at this point and , as several have already pointed out, this may not be the best forum for any public airing anyway- especially if attorneys are already involved. I'm not too sure an internet discussion board is an effective place to try to resolve customer service complaints.

Hopefully, this is just a misunderstanding and an equitable solution to this matter can be worked out between the parties themselves - although it does point out the importance of understanding the rights and responsibilities of each party in any document signed.

 

[sajetto]

I disagree with you Doug. As all of you can see, when I posted only part of the information was disclosed. Now that this thread has been able to continue, others who have sold before have been able to provide excerpts from the contract. More and more information has come up and it is actually going in the favor of TTS. It would be in their best interest not to respond anyway because the issue is being solved without them. In this case they are able to let the OP make his own bed. Something tells me Jim may be scrambling to find that contract that he signed and will soon see that he has to pony up some cash


I did want to add that if I were in Jim's position I would request to see the offer of full asking price in writing with all the signed parties on there before handing over that cash though.

 

[Disneyrsh]

it's all gotten so, so ugly.

 

[LisaS]

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.

If TTS did operate this way, it would be a problem not just for them but for potential buyers as well. Let's say a seller lists a contract for $84/point and gets a buyer within 24-48 hours. The seller thinks, "hmm, I must be selling too low" so he rejects the offer to purchase at the listed price and relists the contract for $86/point (no penalty to the seller in doing so, so why not?) Let's say the buyer is not too happy about this but really wants the contract and agrees to pay the extra $2/point. So the seller thinks maybe they can squeeze the buyer a bit more and says "Sorry but I'm relisting for $88/point." I wouldn't want to be a buyer in a situation where there was no penalty to the seller to keep relisting the contract to see what the market will bear. (Good to be a seller under those rules but I'm not sure how many buyers will want to "play".)

Requiring a listing fee from the seller if a buyer is found who is willing the pay the asking price provides some protection to the buyer that the seller is serious about selling the contract.

 

[JimFitz]

I'm still wondering why they didn't return Jim's phone call where he left the message that he had decided not to sell prior to being notified of the sale, which appeared to be a few days later.

I am wondering the same.

 

[JimFitz]

FYI..............I am going to take this offline with TSS

 

[rinkwide]

...I did want to add that if I were in Jim's position I would request to see the offer of full asking price in writing with all the signed parties on there before handing over that cash...

Wouldn't it be great if we could have a few words with this convenient mystery buyer. Love to hear that side of the story (provided he/she exists).

 

[JimMIA]

Let's say a seller lists a contract for $84/point and gets a buyer within 24-48 hours. The seller thinks, "hmm, I must be selling too low" so he rejects the offer to purchase at the listed price and relists the contract for $86/point

In my first attempt at purchasing resale, this is precisely what the seller wanted to do. The advice I received from TTS was, "You can do this if you want, but I SURE WOULDN'T!" And I didn't. We canceled our offer and bought another contract...20 points larger and $1 less p/p than our original offer, so in reality that turkey paid most of our closing costs!

That buyer subsequently tried to re-list with TTS, but TTS declined the listing because of the buyer's unscrupulous conduct in the first deal.

[ETA: Jim's situation apparently was not similar to this, but mine was exactly on target with the example you gave.]

 

[bcvillastwo]

At some point the OP wrote the following.

Also, I have done many of RE transactions in the past and this is the first one I ever had a problem with. I am forced to pay for a service that was not completed? They listed my property, but I decided not to sell. Why should I have to pay a fee????

I've read through about 1/2 of the thread posts to date when I saw this comment from the OP. About 3 years ago I listed a property in the Shenandoah Valley of Virginia. The agent listed the property, showed the property, had interested parties, and was in the process of preparing an offer when someone in my family decided they wanted to live in the house and pay me rent. I immediately called the listing agent, explained that I had changed my mind about selling, explained the reason why, thanked them for their efforts and offered to pay any reasonable expense for their efforts on my behalf. They didn't kick up a fuss, told me that this kind of thing happens from time to time, and declined my offer to cover their reasonable expenses.

I know I don't know all of the facts and I certainly don't know both sides of this story but there appears to be something wrong somewhere in this story. I know nothing of the real estate laws in Florida and accordingly I will not comment on something I know nothing about.

With the said, I agree with many of those who have noted that buyers are under no obligation to accept an offer.

This is an interesting thread. I've enjoyed reading everyone's comments.