LOS ANGELES (Legal Newsline) — A California couple are suing a resort, alleging negligent misrepresentation and unfair competition.
Matt Daniel Finazzo and Janet Louise Finazzo of Riverside County filed a class action complaint, individually and on behalf of all others similarly situated, Oct. 27 in U.S. District Court for the Central District of California against Diamond Resorts International Club, Inc., alleging the resort made false representations regarding timeshare contracts to the plaintiffs.
According to the complaint, in 2014, Matt Finazzo and Janet Finazzo suffered monetary damages of up to $20,000 from being misled into entering a timeshare contract, The suit says the defendant failed to inform the Finazzos about important details of the timeshare contract, including the right to cancel and the incurring of debt.
The Finazzos seek trial by jury, restitution, statutory-enhanced damages, all legal fees and all other relief the court deems just. They are represented by attorneys Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman in Woodland Hills, California. U.S. District Court for the Central District of California Case number 5:16-cv-02256-VAP-KK
Mike Schneider, Associated Press, Daily Business Review
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Julieta Corredor, her two sons and their families have used their two-bedroom townhouse in the heart of Orlando's tourist district as a place for honeymoons, family gatherings and college housing during the more than 30 years they've owned it.
When one of the world's largest timeshare companies bought up the surrounding condominium units and made entreaties for 81-year-old Corredor to sell hers, the South Florida family refused. Nonetheless, bulldozers for a Westgate Resorts contractor demolished the entire condo development—trees, a tennis court, and a spa—leaving only the Corredors' 1,125-square-foot townhouse standing.
If the Corredors continue to refuse to sell, they could join real estate "holdouts" like Edith Macefield, who prompted a developer in Seattle to build a five-story commercial development around the home she refused to sell in 2006 and whose house later was used in promotion for the Disney film "Up."
The Corredors say that their case is a matter of principle on property rights and that they feel bullied by developer Westgate. Westgate officials say the family is being greedy and awaiting a bigger offer. Family attorney Brent Siegel wouldn't comment on negotiations.
Officials at the timeshare company said they've offered to rebuild the unit at the same or a new location and provide $50,000 in furnishings. They've presented an offer of a $150,000 cash buy-out, and they've said they're willing to offer a comparable, newly renovated unit in a different building. The Corredors have said "no" to each offer.
In China, the fast pace of development has led to a name for these holdout properties—"nail houses"—for the owner's refusal to be "hammered down." Some hold out because of attachment to their homes. Some do it for money, though that's a gamble that doesn't always pay off if the developer builds around the property.
During the demolition of the complex surrounding Corredor's townhouse, the Westgate contractor damaged the home's stucco walls and fractured sections of the red-tiled roof to the point that it was left uninhabitable. A "Danger No Entry" sign now hangs near the front door and a blue tarp covers the side. Jagged sections of wall and remains of a staircase to the second floor are what's left of the unit next door.
On top of it, the family says, Westgate lied to county officials that they owned all the land so that their development plan would be approved, and the demolition was performed without proper permits.
As Westgate is now halfway toward completing an eight-story, 80-unit timeshare tower around their vacant townhouse, the Corredor family isn't giving up the fight. The timeshare tower is set to open next June.
"It is our land and it's our property, and we were never asked to do anything by Westgate on it, and they did whatever they did without our consent," said Carlos Corredor, Julieta Corredor's son.
Westgate's CEO, David Siegel, is one of the richest men in Florida. He and his wife, Jackie, were featured in the 2012 documentary, "Queen of Versailles," chronicling their attempt to build one of the largest single-family homes in the U.S.
Westgate says the Corredors hadn't stepped foot in the condo for more than a decade and that it had mold and wood decay. The Corredors purchased the property in 1985 for $154,000. The local property appraiser this year gave it a market value of $35,000.
The company's chief operating officer said the Corredors were making "unreasonable requests" for more money.
"They're trying to be the holdout and go for the money," said Mark Waltrip, the Westgate executive. "Hopefully they'll stop the charade and start acting responsibly."
Orlando-area attorney Howard Marks, who successfully litigated against the timeshare company's parent company, Central Florida Investments, several years ago in a different case about the same condo complex and has nothing to do with the Corredors' case, said Westgate's treatment of the Corredors was part and parcel with how the company does business.
"They will just do things, and if there are consequences, they will worry about it in litigation," Marks said.
After reading about the case, University of Florida law professor Michael Wolf, who has a background in land-use planning and has no connection to the case, said he was concerned that what happened may be "an insult to private property."
"How could they tear apart the building without doing damage to her unit?" said Wolf, adding that the demolition could be considered a crime or at least grounds for a lawsuit.
After the Corredors told Orange County development officials earlier this year that Westgate didn't own all the parcels to the property the company was developing, as officials thought, the plan was revoked. Orange County also told Westgate that the demolition work was done without proper permits.
But the county later approved a revised plan that included the Corredor parcel.
The Corredor family appealed to the Orange County Commission to block the revised plan. Overturning the decision would have halted construction on the $24 million project and possibly forced Westgate to tear down what it has already built.
The commission sided with Westgate last month. Commissioner Scott Boyd said the Corredors have been given options by the timeshare giant and now it's up for them to make a decision.
"This has been a difficult one to watch. … Mistakes were made," Boyd said. "I feel at this point there's not a whole lot that we can do. The options have been laid out pretty clearly."
The Corredor family is considering taking the case to court, their attorney said.
Waltrip said construction will continue on the timeshare tower.
"They certainly have the right to take us to court, and if they do so, we will gladly meet them there," he said.
Travel clubs do not work. They can't get you discounts on airfare or even motel. Not anymore than you can get on Kayak.com.
Travel Clubs are set up with two companies. Company A is the fulfillment company, they book the trips and motels and such. They find you deals on the internet, just like you can do. But they hope you trust them to save you big. They want someone who will call and tell them I want to go to Hawaii, they say no sweat we'll take care of it. Bam they look it up in the same places you do.
Company A just has a few employees. Not some huge company with 100's of agents working hard to save you money. To join Company A, the cost is around 250 dollars plus 200 to 300 a year. But to join Company A, you have to buy through Company B.
Company B is a sales organization, they have heavy hitter sales people. Company B pays the 250 dollars for you when you join. Company B sells their "membership" starting out at around 12,000 dollars. If you keep saying no, you could end up with a membership for 1000 dollars. Company B makes a boatload of money.
So after you join and discovered you paid thousands of dollars for a program that doesn't work, you get mad.
You call Company B. Company B tells you it's not their fault, your membership is with Company A.And it appears Company A lied to us (Company B) and we are really sorry. So you call Company A and complain. Company A says Company B lied to you, sorry but there's nothing we can do.
You hang up frustrated.
Company A calls Company B and talks about all the great sales they made that week. And Company A and B laughs and laughs.
email timesharetricks@gmail.com and we'll go after Company Aand B together.
If your timeshare or travel club salesperson lied to you and misrepresented what you were buying, then you can get out of your contract and get your money back. I have been collecting owner complaints for years where the salespeople have lied to clients. Sothe resorts no longer can use the excuse "you must have gotten a rogue salesperson" we are sorry but too bad. Not when there are hundreds of innocent owners at all of their different resorts telling the same lies. Or omitting information that would have stopped you from buying. I can help, I do all of the work. Gathering the research, ordering court records and running background checks on the salespeople. All you have to do is print, sign and mail. I am with you until the end. No matter how many letters. We won't take no for an answer.
Another Hilton Head Island timeshare company has come under fire. Two North Carolina residents filed a federal class-action lawsuit Friday against Spinnaker Resorts.
Better Business Bureau timeshare warning about high pressure presentations.
Time can stand still during timeshare presentations
By The Better Business Bureau
Timeshares continue to be a popular choice for vacationers who want
to get away from the familiar and enjoy an exotic locale. Investment in
one, however, should only be done after careful consideration of the
different options and of all the factors involved.
Your Better Business Bureau warns that you should proceed with
caution. A favored tactic of the timeshare industry is an intense
marketing pitch, given with the promise of a reward if you sit through
it. Typically, these sales pitches can last from two to three hours, but
sometimes even longer. They are hoping for a quick, spur-of-the-moment
decision from you, made under the influence of their high-pressure sales
staff – exactly the type of thing that BBB always warns against.
The primary reason for professional liability coverage is that a typical general liability insurance
policy will only respond to a bodily injury, property damage, personal
injury or
Not all timeshare people use lies and tricks to sell you, but there is a lot
of them that purposely leave information out and lie, once they have you
signature on the contract they don’t care about you. I have been collecting
owner complaints since 2008, there are hundreds of pages. And it’s easy to see
these lies are being told at all of their resorts all over the world.
85% of people who buy into timeshares just accept the fact they’ve been
shafted and chalk it up to a hard lesson learned, the timeshare companies
expect to refund the other 15%, it’s the cost of doing business, we just have
to bully them into putting you in that 15%.
Holidaymakers
have brought the first High Court case against a timeshare exchange
company, alleging they were victims of an operation that kept them in
the dark and rented out their properties for the company’s profit, writes Jane Croft.
Proposed class action targets Marriott, First American, Orange County FL
Marriott Vacation Club's timeshare sales are actually an
illegal "racketeering" scheme, a new proposed class-action lawsuit says.
The
lawsuit takes aim at Marriott's points program, which replaced
traditional sales of timeshare weeks at specific resorts in 2010.
According to the suit, Marriott timeshare customers pay fees associated
with owning real estate — such as closing costs and recording fees — but
don't actually own any real estate.
Wyndham Resorts is planning a major overhaul, and you're paying for
it. 14 of Wyndham's older resorts (Fairfields mainly) need to have major
work to revitalize them. Remember when the salesman promised you that
the maintenance fees would keep the resort looking as good as the day
you toured it. That was a lie.
“Moving
timeshare from exploiting its customers and members to servicing its customers
and members. Everybody wins”.
A Timeshare Tricks client is working on getting changes passed in the
timeshare industry. He has a Petition at www.timesharerights.com,
this petition is for the State Attorney Generals across the United States. Take time to sign this, it is going to take
each and every one of us to make a change that will protect honest, hardworking
people.
Timeshare Bill of Rights For
Members
Timeshare companies and their antecedents (i.e. maintenance
fee termination companies) have become increasing exploitive
of timeshare customers and members. I propose protection for
TS consumers now and in the future for these services.
1. Timeshare points should not be equated with real estate,
because they have little or no value in that area.
2. Maintenance or membership fees should be for use only
and limited to a 10-year span.
3. Timeshare companies should recognize that a customer
has free will and human rights and he/she can decide to be
member of a timeshare club or not.
4. Anything related to maintenance or membership fees must
be explained and understood.
5. Exit policy for members must be known and any fee
associated with it should be made known as well.
6. Complaints concerning timeshare should be handled by an
ombudsman of the state.
7. All of these issues would be retroactive from the date of
implementation.
Timeshares and Travel Clubs know they are going to have to refund 15% of owners. Its the cost of doing business. Sounds like a large group unless you think about the fact that 85% of owners will continue to pay for the timeshare. And they will spend thousands to sell it, which works into thousands of dollars down the drain.
Not everyone who wants out can get out, but if you were the victim of misrepresentation, you can force them to let you out and refund your money.
Email timesharetricks@gmail.com now and find out if you qualify.