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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11582
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I just got a call from a woman named Cindy G today from Reseort

Customer Question

I just got a call from a woman named Cindy G today from Reseort Placement Services.
When I asked where she got my number from i got the usual answer that we have lists we buy to show us who is sellign their timeshares.
I currently have been duped by 3 timeshare companies to "sell" or "rent" my property.
I hired one 2 years ago,never got one rental or sell offer to date(today being sept 30 2010)National Vacation Sales & Services
2nd one I hired was 16 months ago and never got one rental or sell offer to date(today being sept 30 2010)
Timeshares around the world
The 3rd I recently hired this year about 5 months ago never got one rental or sell offer to date(today being sept 30 2010)Global resort management
I was also told by Cindy G from RPS today that she has a buyer for me and they already have $5852 in an escrow and they have been preapproved to buy and that they want to buy.
the closing would happen in about 45 to 60 days however she would be able to shave off 10 to 20 days off the closing by doing a reverse procedure of somekind, i forget right now, way too much info was given at once although i took the best notes i could.
She said they are also going to get me back(in 3
weeks time or less)all the monies i spent on the 3 companies to help me sell or rent my property.
Of course I have to come up with "title search" costs up front of $2137 which was itemized to me to help me understand what im paying for, man she is good, really made me feel like i cold trust another one of these companies
I too cannot find them on BBB and although i am desperate to sell this timeshare nightmare, i dont know what to do as far as...do i hire them in the sense and go for it?
i read the other responses and it sounds like in the end, you would advise it.
I feel pressured because i have until noon tommorrow or they are going to find the buyers someelse to buy from.
i just dont know what to do. how can i be sure this time im not going to really be taken for the ride of my life?
Submitted: 3 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 3 years ago.

Hi, and Welcome to JustAnswer

 

Thank you for question,

 

 

The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so no attorney-client relationship is formed and we do not take on client representation. I wish we could represent you, but the JustAnswer policy prohibits this as well as any contact with customers outside of the website. However, I can give you all the informatio you need.

 

A word of caution, as you know, everyone has access to the internet today, so please do not enter any personal information that you do not want viewed by the public.

 

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. JustAnswer's policy and State Bar restrictions prohibit any attorney-client relationship, giving legal advice and client representation though this forum.

 

 

ANSWER

 

1. If I were in your place, I would not trust this "outfit". First of all, Title searches are the responsibility of the buyer. If the buyer wants to have a title search done, it would be at the sole cost and expense of the buyer. Similarly, if the buyer chose to buy title insurance, it would be at the sole cost and expense of the buyer - Absolutely, positively, not at the cost to the seller.

 

2. I do not care what kind of itemization they gave you, it was all phony as far as I can see because Title searches do not cost anywhere near the $2,137 which this organization quoted you. A title search costs about $200 to $300, usually less. Trust me because I know what I am talking about. Before I started my own law practice, I was Assistant General Counsel for Underwritng and Claims for a major title insurance company and I know what the costs involved are. They are no where near what they are quoting you.

 

3. I seriously doubt that any buyer would entrust them to hold over $5,000 of their funds, even in an escrow account, without having some assurance that there was a seller out there ready, willing and able to sell their timeshare. So, this too, was a lie on their part.

 

4. A seller should not have to pay aything in avance, or up front to an agent to find them a buyer. If the agent is reputable, he, or she will find a buyer and then will be paid his or her commission at the time of settlement from the sale proceeds.

 

5. On what basis is this organization giving you a guarantee that you will receive all the money that you paid out to other disreputable agents who also guaranteed that they would rent and/or sell your timeshare ?

 

6. Do not let them sway you or convince you that you must immediately hand over your money to them, or else they will find another timeshare seller for their alleged buyers. I can almost guarantee that they have no buyers in the wings and if they were reputable, they would not be putting so much pressure on you and they would have you meet the buyers. The only thing you can be sure of is that they will take your money and run.

 

7. If you sign anything they give you, or give them even a dollar of your money, you will be repeating history. How many times does someone have to put their hand on a hot stove before they are convinced that they will again burn their hand ?

 

8. I can guarantee you that the money that they want you to hand over will be to a phony title company which they own. If you want proof of this, tomorrow when they call you, make them believe that you will be paying the money to them and allowing them to sell your timeshare and ask them the name of the title company which will do the title search and ask what relationship they have to the title search company.

 

9. You should also ask them why are you, as the seller, paying for the buyer's title search. I can also guarantee you that they will give you a bunch of double talk which, when you later think about it, will make no sense to you.

 

10. If I were in your place, I would strategically place ads of my own and try to rent and/or sell the time share myself.

 

Kindly press the "Accept" button so that I receive credit for my time and effort in researching your question and giving you these Answers. Your question window will not close and you can ask follow up questions to clarify anything you do not understand in my Answers.

________________________________________________

 

Please press "ACCEPT" so that I may receive credit for assisting you

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Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

Customer: replied 3 years ago.

Thanks for the reply.

I see I should have been more detailed with the "title search"fees.

Although I did say it was itemized, I should have mentioned the individual fees.

You were correct with the fact that the title search was in fact $297.00, scans were $87.00,$1050 for the title itself,$300 for owner verification,$403 for some kind of letter i didnt understand the phrase she said, thought she said estaples, dont knwo what that means...

in the end, i did call her today to try as you suggested, to gain a greater understanding as well as get some answers as you pointed out she may not have been able to give me.

how do i know who i can trust to help me or assist me to get rid of this nightmare timeshare situation im in?

i had one of the timeshare companies, National vacation sales and services, the one ive had for 2 years now, suggest to me they would refund the $1500,in a sense, and put it towards an attorney firm that not only guarantees to get me every single cent ive ever spent on this timeshare back to me, but in fact my monthly maintainence fees and mortgage payments would stop instantaneously until it is resolved, although i would lose out on the $2400 on 3 timeshare companies that were supposed to help me rent/sell my property.

Of course this comes with a price of $2495,plus the $1500 i already spent on NVSS, thats the "in a sense" getting it back would be.

Also, I was told in the same convo that if , within 1 years time, i want to back out of the contact to get back all my money i've ever spent on the timeshare, they offer a 100% money back guarantee,minus any index or filing fees that have come about. I'd have to get you that info, if needed, but so far it all sounds like...im gonna be a timeshare owner for a lonnnnnnnnnnnnnnnnnnnnnnnnnnnng time!....?

So just to recap after answering all this, what do i do , can i do to get out of this?

Customer: replied 3 years ago.
Its been a few days, id like to know if you can help me any further with just some answers?

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