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I believe I may be getting scammed. I own a Monarch

Customer Question
I believe I may...

I believe I may be getting scammed. I own a Monarch Resorts/Diamond Resorts

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Con't. timeshare in Las Vegas. I don't use it and have been trying to sell

Lawyer's Assistant: Has any paperwork been filed?

It. I received an offer from "TIMESHARE RESOURCE CENTER" . They sent me a contract to sign, then wanted $768. for trans. of deed , Lawyer fees, Title search etc. Service agreement states NO Hidden Fees. There are NO additional fees collected. Then they wanted $864 for Luxury Tax, now they want $550 for wire transfer fee from bank. I believe I have been scammed and want my money back. The contract states "By law, as per he Consumer Protection Act (CPA) series #10- Chapter21, Section 56. They have to refund 100% of your service fee, and now they tell me I can only get back 10%.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I checked with LV Realestate Comm. yesterday and they said they are not licensed, they say they are but have not provided a number. I would love to have this sale go thru, but I no longer trust them. Can you help me?

Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
11/28/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. This appears to be a case of fraudulent misrepresentation. Basically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled. Keep in mind that this is different than what is known as “puffing” in sales terms which generally allows salespeople to give their opinion on a product or service. For example, it’s not against the law to say, “I believe that this product is the absolute best on the market.” The only exception would be if they made misrepresentations to the safety of a product. In your case, if they said that there were no additional fees, but they are providing additional fees, they either intentionally knew this was the case or failed to verify whether this was the case.

This also appears to be a classic breach of contract on the grounds that they are charging you more fees than they promised and are not giving you your 100% money back. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. I also know of something that can help you with this situation. If you click here, you can request an attorney-prepared breach of contract letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

Did you have any other questions for me today that I could help you with?

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