Timeshares By Owner, 8578 Palm Parkway, Orlando FL; What history does this "advertising business" have? We paid this company $6,207 to advertise our timeshares and to connect us to potential renters. Up to mid March, they provided us with one contact which had an imposible rental request. We have asked for a refund and of course for refused. Is this company a scam? What recourse do we have? Ronald DeVelde Email:XXX@XXXXXX.XXX
We requested a refund from Timeshares By Owner. Refused.
We went through our credit card holder and were finally told we have no reversal rights against the merchant.
Hi, and thanks for your question. The company is not a scam per se, in that they actually do advertise timeshares for sale. Unfortunately, time share sales do not require a real estate license, if they did, it would not be legal for them to charge an upfront fee.
You are 1 of several thousand timeshare owners at this time to sell their timeshare. The real estate market in general is terrible, and timeshare sales even more so. Unfortunately in this market, nobody wants to buy your timeshare. The best you can probably hope for is to find a company that does timeshare bailouts. This can only be done if your timeshare is paid off, it isn't cheap, but it gets you and your family out of the timeshare contract. Also, because of the pitch used by timeshare sales agents, referring to it as an investment, you can claim the price you are charged, as well as fees and initial cost of the timeshare as a loss on your taxes. Never believe ANYONE who says they can sell your timeshare.
So, what recourse do we have?
Part of your question about recourse depends upon the contract you signed with this company.
If they did what they said in the contract - and this is hard for me to guess since I haven't seen it - but for example, if they advertised it on their site, promoted it as promised, etc. - then they have not breached their contract with you.
You would have to carefully read the contract to see if they did what they promised you.
I have found in my fraud databases many complaints about this company.
I also find that complaints have been filed against them with the FL attorney general's office. You may want to consider filing a complaint - if the AG's office gets enough complaints, they will investigate. If their investigation turns up unscrupulous practices that harm the public, they will take legal action and try to recover money for consumers who have been damaged.
In general, my advice would be to never pay a company an upfront fee to sell your timeshare (or anything, for that matter). Payment should be made only upon a successful sale transaction.
This site has a compilation of complaints and compliments about Timeshares by Owner. http://www.complaintsboard.com/complaints/timeshare-by-owner-orlando-florida-c82393.html
As you can see, there are many people unhappy with them, but there are others who are satisfied.
So they are not scammers in the criminal sense, but may be guilty of overpromising and underdelivering. If you absolutely after reading your contract that they did breach their duties to you, you could file a civil action against them to try to recover the fee you paid. But you must have a good reason to do so, you must be able to point to specific provisions in the agreement that they breached.
I hope this is helpful, and please let me know if you need additional information.
For the sake of argument, they probably advertised as contracted. The result however was one potential renter (we are not selling our timeshares) who we could not possibly help. The performance of their rental advertising does not come close to the sales pitch which "sold us" initially.
I understand. Very frustrating, arrgh. I do think it sounds like a matter of advertising what they can't deliver - probably a high pressure sales pitch - definitely a potential candidate for a complaint to the FL attorney general's office. If it is not a breach of your contract that you can sue for, at least perhaps that will give you some chance for recourse down the road.
18 years of law practice including fraud investigation