Blog Post Provided by Aaronson Law Group

Aaronson Law Group - Timeshare Recession and Cancellation

There are typically three levels of reality that accompany the purchase of any timeshare. Perception, legality, and reality. They are not to be confused with one another.

Level One – Perception:  Level one is what is perceived by the customer during the sales pitch. It is based upon the statements made by the timeshare salesman, who may have gilded the proverbial lily somewhat. The perception created by this gilding process is enhanced and reinforced by the location – an opulent resort environment, and the apparent professionalism with which the presentation is delivered.  Mind you, the prospective buyer is already relaxed, on vacation. He is wowed and wooed by the multimedia marketing sales tour-de-force. He wants to believe. This is no time for skepticism, no time for haggling. All of his defenses are down. He left them behind a thousand miles ago, back in Kansas City.  Back in the accounting department at Kroger. You may well be that account manager.

Level Two – Legality:  The second level is based upon the fine print in the closing documentation that you signed. You know, the part that you never really had time to read while the nice sales lady rifled through page after page of fine print to close the deal. Even if you’d had the time, you’d probably have also needed at least a solicitor, if not a duly licensed barrister by your side to fly-speck that fifty page missive and all of its legal nuances. You can’t help but wonder now if there might not have been some waivers or disclaimers, or other some words in there to protect the developer from some of the lily gilding that now seems to have occurred. Maybe that’s why the twenty thousand points you bought to get you to Maui won’t even get you to Muskogee this year.

Level Three – Reality:  This is why you’re stuck in Cawker City, Kansas at the Scuttlebutt Inn. Attractions include a complimentary hay ride, a dog walk, and a tour of the world’s largest ball of twine.

The progression from Perception through Legality and on to Reality can best be illustrated by way of example:

  1. What your timeshare salesman actually said:

“We’re selling these babies like hotcakes, ‘cause they’re an investment like none other. Imagine, the whole world at your fingertips.  That’s why they’re ten other people waiting in the wings to jump on it if you don’t.”

  1. What the fine print in your contract says:

Because vacation exchange is used intermittently as an adjunct to Vacation Ownership, potential Vacation Owners should select a Resort that best meets their ongoing vacation needs. A Member’s decision to purchase Vacation Ownership should be based primarily upon the benefits to be gained from the ownership, use and enjoyment of the Vacation Ownership and not upon the anticipated benefits of the RCI Points Exchange Program. RCI is not responsible for the financial viability or the quality of accommodations, facilities, amenities, management and services at any Resort, Inventory provider or Points Partner. The contents of this disclosure guide and all other network documents, including the terms and conditions of RCI points subscribing membership and any provision in any document related to, fees, benefits, procedures and priorities. Are subject to modification, amendment, or elimination by the network administrator without advance notice in accordance with the notice provision of the terms and conditions. (emphasis added).

  1. Translation to reality:

If you were gullible enough to think that your “points” actually constitute an investment, we’ve got some swampland for your down on the Okeechobee. Nor are these points necessarily going to get you anywhere else in our ‘network’, so you better really like your ‘host’ resort. For that matter, don’t even get too comfortable there, because we may be just capricious enough to eliminate your points altogether.

Our guess is that the average points ‘investor’ didn’t necessarily read all of this fine print before buying. Please feel free to contact us in order to discuss this as well as any other grievances that you may have in association with your timeshare ‘points’. We may be able to assist you in cancelling your timeshare points obligation.

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