South Carolina Supreme Court rules timeshare owners can sue

HILTON HEAD ISLAND, S.C. (AP) — The South Carolina Supreme Court has ruled that timeshare owners are now able to sue developers for violations of industry regulations.
The Island Packet reports the unanimous decision on Wednesday will allow the estimated 100 lawsuits filed against two Hilton Head Island timeshare companies to go forward.
Lawyers for timeshare companies Bluewater by Spinnaker and Coral Resorts LLC have argued that complaints should be decided by the state Real Estate Commission, not the courts. The state Supreme Court ruled that commission oversight doesn't preclude buyers' rights to file civil lawsuits.
Timeshare buyers' attorneys Joseph DuBois and Zach Naert say that many of the lawsuits that can now move forward have been stalled for more than five years.

GETTING YOU OUT AND YOUR MONEY BACK

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.

SPINNAKER HIT WITH CLASS ACTION LAWSUIT

Another Hilton Head Island timeshare company has come under fire.
Two North Carolina residents filed a federal class-action lawsuit Friday against Spinnaker Resorts.

Class-action lawsuit threatens Spinnaker Resorts on Hilton Head

Another Hilton Head Island timeshare company has come under fire.
Two North Carolina residents filed a federal class-action lawsuit Friday against Spinnaker Resorts.
The lawsuit alleges the company broke the law by not registering with the state to sell timeshares at Bluewater by Spinnaker -- its resort on Squire Pope Road -- until September 2014. Before that time, the company "knowingly sold unregistered timeshares to the general public," the suit says.
The company has not responded to the lawsuit. Attempts Tuesday to reach representatives from Spinnaker were unsuccessful.
Legal experts say the case could devastate the company since state law allows timeshare owners who bought from an unregistered company to cancel contracts, according to the lawsuit and the S.C. Timeshare Act.
"If owners can reverse most of the sales before that time, I'm sure this company would be seeking Chapter 11 relief," said Mike Finn, a Largo, Fla., attorney whose firm specializes in timeshare law.
It was not known Tuesday how many owners bought timeshares before Spinnaker registered Bluewater. The company started building the 86-unit complex on the banks of Skull Creek in 2005.
It registered Bluewater on Sept. 2, 2014, according to a copy of the registration included in the lawsuit. Spinnaker also runs Waterside, Southwind, Egret Point and Carolina Club on Hilton Head, as well as resorts in Florida and Missouri.
The lawsuit was filed by Mark and Paula Fullbright, who bought a $26,000 timeshare at Bluewater in June 2014, according to court records.
After buying, the Fullbrights found out the company was not registered to sell Bluewater timeshares.
"My clients filed a federal lawsuit ... To void the timeshare contract and obtain a full refund of all monies paid under the contract," Joseph DuBois, a Hilton Head attorney representing the couple, said in a statement. The lawsuit asks that other owners who bought before September 2014 have the option to receive the same refund.

Read more here: http://www.islandpacket.com/2015/04/07/3686952_class-action-lawsuit-threatens.html?rh=1#storylink=cpy

Timeshare Datashare: Resort Occupancy Remains Strong in 2011

Provided by ARDA International Foundation
According to the newly released State of the Vacation Timeshare Industry: United States Study, 2012 Edition, the timeshare industry reported an average 78.9% occupancy rate in 2011, compared with a 60% occupancy rate for the hotel industry. (Source: "STR Monthly Hotel Review: December 2011" Smith Travel Research)
Owners, their guests and exchange participants accounted for about 64% of available intervals. Renters accounted for another 12%, while marketing guests contributed another 3%. The percentage of occupancy related to rentals is up this year from 10% last year.
                        Occupancy Breakouts
 
Source: State of the Vacation Timeshare Industry: United States Study, 2012 Edition, conducted for the AIF by Ernst & Young

With numbers the industry is seeing, why can't you get into the resorts? The average is 21% vacant. With 3% being used for marketing guests, why are they letting potential members stay at the resorts and telling the owner there is no room for him.

$40 Dollar Gas Card Gift

Resorts are calling on people and promising them a $40 Gas Card for sitting through a 90 minute presentation. If only it were that simple, first off the 90 minute presentation lasts 3 to 4 hours, then when it comes time for the gas card you instead get a certificate, where you put ten dollars in your gas tank, mail the certificate in and the gas receipt and they will send you a ten dollars gas card. This goes on until you have redeemed the 40 dollars. Most people send off for maybe one and then it's forgotten. Hmmm you think that's what they count on? A lot of people drive to the resort expecting the $40 for gas to get back home, well be prepared the resort doesn't care and they claim they have nothing to do with it. Lie, they know exactly what will happen at the end of the tour, and will laugh about it. Do not rely on having an extra 40 bucks to get you back home.

Get Out Now

Most timeshare resorts will refund a member if it means stopping lots of bad publicity and a nasty lawsuit that will make public, their dirty little secrets.
They don't want you to know this, and will make you sign a "gag" agreement not to disclose any settlement. And they will sue you if you break the agreement.

I have helped owners get out of their contracts using the Breach of the Implied Covenant of Good Faith and Fair Dealing clause.  I also will list your timeshare for sale for NO Money up front. You pay a 6% commission when it sells and you have the money in your hands. If you wish to just get rid of the timeshare and give it away, I charge nothing. No tricks, no scams. Email me at notimeshare@gmail.com


This is why we are so successful, we research every aspect of the resort, from business dealings to background checks on salespeople. We find the information that will get you, your money back.

Make Your Complaint Posts Work

When posting your complaint on an online complaint forum, include the full name of your sales person and sales manager, anyone connected with the resort. A lot of states require timeshare salespeople to hold a real estate license, by logging complaints it will be possible to put sanctions and possible rejection of real estate licenses of these liars and scammers.

What I Offer You, The Timeshare Owner

The largest percentage of people who have joined timeshares, were not told the truth when purchasing. Some of the salesreps and managers will lie to you. This is unacceptable, and you can hold them accountable.
I can help you to force the resorts to refund your money and cancel your contract, I spend a few weeks researching complaints, news articles and previous lawsuits filed against the resort company. I also do background checks on the salespeople and sales managers. I will prepare a package including all the above including detailed court records and a statement for you to present to the resort pointing out where you were lied to and tricked into buying a membership.
With this in hand you make it clear to the resort that unless they make it right with you, your next step will be to turn this information over to the media and then file a lawsuit against the resort, and once you do, you will also file for punitive damages.
There are other companies that do the same thing, they charge up to 2000 dollars down and up to 25% commission on the recovered money. At No Timeshare, I charge $275 research fee to pay for records, research and printing and mailing costs. Once you have your money in hand, I get 6% of the money you get back. If for any reason you settle to just get out of your obligation and you receive no money, then you do not owe the 6%. I can make this offer because I know the resorts will pay you off so they will stay out of the news and a lawsuit they cannot win.
Email me at notimeshare@gmail.com I will send you a questionnaire  so we can determine if you have a winnable case.

Timeshare Refunds More Common Than You Think

Most timeshare resorts will refund a member if it means stopping lots of bad publicity and a nasty lawsuit that will make public, their dirty little secrets.
They don't want you to know this, and will make you sign a "gag" agreement not to disclose any settlement. And they will sue you if you break the agreement.

This is why we are so successful, we research every aspect of the resort, from business dealings to background checks on salespeople. We find the information that will get you, your money back.

Timeshare an Investment ?

It is illegal to tell a client that purchasing their timeshare is an investment and you can use this to help get your money back. Most salespeople use that line in their sales pitch. It's because the resorts train them to say that, but tells them never to put it in writing. That way they can deny it if it comes up later.Contact us at notimeshare@gmail.com to learn more

What Resorts Do we Have Info On?

We have expierence on Travel More Now, Forever Grand Vacations, Anytime Vacations, Vacation Services of America, Wyndham Resorts, Fairfield, Westgate, Sunterra, Diamond, Marriot, Bluegreen, Spinnaker, Festiva and Peppertree.
You can get out of these memberships and get your money back.
Contact us at notimeshare@gmail.com