Consumer Law, Warranties Timeshare Dispute, promises made were not in contract...

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Sphinxxy13

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Hi,

We purchased a timeshare almost a year ago, and were promised by the sales associate a lifetime price if we ever wanted to upgrade. We assumed that this was true, until we went to a "owners update meeting", and found out it wasn't. At the owners meeting, the sales manager who took our "case" said the associate would be fired...but then wouldn't do anything about the actual situation. I've now spent almost 7 months of phone calls, certified letters, and meetings trying to dispute this matter. Up until 2 weeks ago I was just getting passed around. Today I called, and they stated unless it is written in our original contract they cannot honor the deal, or except a return of the time share for a refund.

We are really kicking ourselves now for now checking the contract (which is about 100 pages long) more thoroughly. We had other family members with us at the time of the purchase who could verify the deal we were offered. But we have nothing in writing. Doesn't a verbal agreement count for anything?

We are really considering getting a lawyer and pressing the matter further to get our money refunded. What kind of lawyer do we look for? And do you think we even have a chance?

I have all my paperwork, and certified letter receipts. The dates of who I talked to and what they said. What we were asking for is the company to either honor the deal we were told about, or refund us our money. They simply said they would not do either.

Any advice would be appreciated, its costing us almost $300 a month for something we didn't think we were buying. :mad:
 
You've got a serious problem and not a great remedy. Typically verbal agreements are not typically enforceable for the purchase of real estate, e.g. I'll buy your house for $200,000 and you agree to sell it. An executed contract of sale is what is needed and the Statute of Frauds covers this situation.

If the sales person insisted that something was the case then you should have asked him to point out where that was mentioned in the 100 page contract and probably get a real estate lawyer to review it. Is the sales associate still employed by the company selling the time shares? Whatever remedy you have it won't likely be rescinding the deal. Best of luck with this.
 
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