Timeshare Question

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Adverse

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Here's a different sorta question, and one that is being debated on a popular timesharing forum. If you are not a timesharer, you may not be able to follow it.

The basics: When timeshare owners exchange for a vacation in another resort, they deposit their vacation ownership with an exchange company and then request vacation time that another owner has deposited.

Once an owner deposits their vacation ownership with the exchange company, they give their rights to that ownership to the exchange company. Similarly, since they do not own the interval they receive in exchange, they are not allowed to sell or rent it.

My question has to do with what lies between depositing ownership and receiving an exchange. Very seldom does an owner receive an exchange at the same time they deposit their ownership. Rather, they receive from the exchange company the right to make a future exchange.

Here's the question: What legal right does the exchange company have to not allow their members to sell this right to make an exchange? If the exchange company gives an owner one of these credits for the deposit of their vacation ownership, how can the exchange company then claim ownership, or control, over the credit?

Is that not having your cake and eating it too?

The sale of these credits is not specifically prohibited in the Terms and Conditions of Membership, while the sale of "Confirmations" (the eventual vacation time traded for) are.

The explanation they have given is that since the credit can only be used to acquire vacation ownership time from them, it is the same as the ownership time that will eventually be given, and since that time cannot be sold or rented, neither can the credit. Their logic is that it would be a way for the member to sell the eventual vacation time traded for, before the fact, and the member has no right to do that.

No one appears to be harmed by the sale of one of these credits. The exchange company gets $49 for transferring the credit to another member's account, $149 exchange fee from whoever trades for the original week deposited, and another $149 exchange fee from the member who purchases the credit when they confirm their exchange.

They are being sold on eBay, and elsewhere, with the exchange company charging $49 to transfer these credits into other owner's accounts, while at the same time the exchange companies claim to not allow this practice. Various brokers are selling them, wholesale, in large quantities.

All you get from the exchange companies is spin.
 
I don't doubt that there could be much fraudulent activity and churning going on. This makes dealing with a reputable company that much more important.

It sounds like to me that the exchange company doesn't want to deal with the hassle of having another party claim to own your vacation time. They should have written this into the agreement you had. I understand why exchange companies exist but to me it almost feels as though there is no point to buying a time share if you want variety.

Originally posted by JLB
Here's a different sorta question, and one that is being debated on a popular timesharing forum. If you are not a timesharer, you may not be able to follow it.

The basics: When timeshare owners exchange for a vacation in another resort, they deposit their vacation ownership with an exchange company and then request vacation time that another owner has deposited.

Once an owner deposits their vacation ownership with the exchange company, they give their rights to that ownership to the exchange company. Similarly, since they do not own the interval they receive in exchange, they are not allowed to sell or rent it.

My question has to do with what lies between depositing ownership and receiving an exchange. Very seldom does an owner receive an exchange at the same time they deposit their ownership. Rather, they receive from the exchange company the right to make a future exchange.

Here's the question: What legal right does the exchange company have to not allow their members to sell this right to make an exchange? If the exchange company gives an owner one of these credits for the deposit of their vacation ownership, how can the exchange company then claim ownership, or control, over the credit?

Is that not having your cake and eating it too?

The sale of these credits is not specifically prohibited in the Terms and Conditions of Membership, while the sale of "Confirmations" (the eventual vacation time traded for) are.

The explanation they have given is that since the credit can only be used to acquire vacation ownership time from them, it is the same as the ownership time that will eventually be given, and since that time cannot be sold or rented, neither can the credit. Their logic is that it would be a way for the member to sell the eventual vacation time traded for, before the fact, and the member has no right to do that.

No one appears to be harmed by the sale of one of these credits. The exchange company gets $49 for transferring the credit to another member's account, $149 exchange fee from whoever trades for the original week deposited, and another $149 exchange fee from the member who purchases the credit when they confirm their exchange.

They are being sold on eBay, and elsewhere, with the exchange company charging $49 to transfer these credits into other owner's accounts, while at the same time the exchange companies claim to not allow this practice. Various brokers are selling them, wholesale, in large quantities.

All you get from the exchange companies is spin.
 
Re: Re: Timeshare Question

Hmmm! :confused: :confused:

We bought precisely because of the variety and have vacationed at more than 50 resorts in the last 15 years. Actually more than 70 vacations, but some resorts more than once.

Isn't it strange how the same thing looks different to different people?

To give you credit, though, with the popularity of the Internet, overselling of timeshares in some popular destinations, and the exchange companies and resorts themselves renting weeks to non-owners, owning is making less and less sense each year.

All you have to do is put "Orlando Timeshare Rentals" in Google and you will be able to rent at a nice resort for not much more, or even less, than the owners pay in annual fees.

I know my post is hard to follow (which you didn't quite) if you are not a well-versed in timeshare, but I still would like to know the legalities of the exchange company having rights to both the week you give them AND what they give you in return, the promise of an exchange. Why can we not give, or sell, that promise to someone else?

PS--You sound like an NASD arbitration attorney, with your "fraudulent activity and churning" phrase! :D

I don't quite follow how that applies, but it's not important.


Originally posted by freebird
I understand why exchange companies exist but to me it almost feels as though there is no point to buying a time share if you want variety. [/QUOTE
 
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Timeshare Owner Wisconsin dells (BLUEGREEN)

The time share company Bluegreen is changing the rules on the fly, for FLEX owners. I am an owner of a Cabin for 1 week Friday though Friday weeks 21 though 35. I was able to Book and Cabin at Christmas mountain lodge based on availability until lately, when owners who convert their week to the point system by joining the new Association thus removing that week from my selection (inventory). For example cabin 224 213 for week 29 2009 is no longer available for Flex owners only point owners. If every one changes to point system the only week for me will be my contracted week 32 and cabin 231. How is this fair they just start a new corporation with points and sell my available inventory right under my nose. Great for BlueGreen bad for me as I purchased 16 years ago for very reasonable price.
What can I do. Is this legal?
 
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