 |
 |
 |
 |
My Consumer Advocate - Resource Center
This section will be updated frequently.
| Statutes & Rules |
Resale Company Information |
We will not offer our personal opinions of any company. What we will do is provide you with all the resources you will need to form your own opinion and decide for yourself if you have been a victim of a timeshare resale scam.
Did you know that is against the law for a resale company that is not a real estate broker, to suggest a sale or rental price? If you bought your timeshare through the resort, the reality is that your timeshare is most likely worth about 10%-15% of your original purchase price.
In almost all cases, your timeshare can simply never be sold for more than what you bought it for, unless it was bought on the resale market. They are not an investment and do not appreciate in value. Anyone telling you differently in order to induce you to pay an up-front fee to list your timeshare may be guilty of unfair and deceptive trade practices.
Click on the link below to see for yourself why you can't sell or rent your timeshare for a profit.
Click Here to See How You Can Buy a Timeshare for $1
After reviewing the information contained on this page, you can decide for yourself if you have been a victim of a timeshare resale fraud. If you conclude that you have fallen victim to an unscrupulous timeshare resale company, feel free to submit our survey and an advocate will contact you to discuss your case.
Top 5 Reasons Why Timeshares are Horrible Investments
10 Secrets Time Share Resorts Won't Tell You
How Timeshare Can Ruin Your Wealth
Timeshare resales run into trouble
Complaints about timeshare resale companies on the rise
Statutes, Rules, and Regulations
The Law - Florida
http://www.myfloridalegal.com/tshares.nsf/pages/Law
The above is a link to the Florida Attorney General's website concerning Timeshare Resale Fraud. MCA is in no way affiliated with the Florida Attorney General's office.
Chapter 501 Part II - Deceptive and Unfair Trade Practices
Chapter 501 Part IV - Florida Telemarketing Act - Consumer Protection
Chapter 721 - Part I - Vacation and Timeshare Plans
721.121 Resale service providers; disclosure obligations
(1) Resale service providers and lead dealers shall maintain the following records for a period of 5 years from the date each piece of personal contact information is obtained:
(a) The name, home address, work address, home telephone number, work telephone number, and cellular telephone number of the lead dealer from which the personal contact information was obtained.
(b) A copy of a current government-issued photographic identification for the lead dealer from which the personal contact information was obtained, such as a driver’s license, passport, or military identification card.
(c) The date, time, and place of the transaction at which the personal contact information was obtained, along with the amount of consideration paid and a signed receipt from the lead dealer or copy of a canceled check.
(d) A copy of all pieces of personal contact information obtained in the exact form and media in which they were received.
(e) If personal contact information was directly researched and assembled by the resale service provider or lead dealer and not obtained from another lead dealer, a complete written description of the sources from which personal contact information was obtained, the methodologies used for researching and assembling it, the items set forth in paragraphs (a) and (b) for the individuals who performed the work, and the date such work was done.
(2) In any civil or criminal action relating to the wrongful possession or wrongful use of personal contact information by a resale service provider or lead dealer, any failure by a resale service provider or lead dealer to produce the records required by subsection (1) shall lead to a presumption that the personal contact information was wrongfully obtained.
(3) Any use by a resale service provider or lead dealer of personal contact information that is wrongfully obtained pursuant to this section shall be considered wrongful use of such personal contact information by the resale service provider or lead dealer, as applicable. Any party who establishes that a resale service provider or lead dealer wrongfully obtained or wrongfully used personal contact information with respect to owners of a timeshare plan or members of an exchange program shall, in addition to any other remedies that may be available in law or equity, be entitled to recover from such resale service provider or lead dealer an amount equal to $1,000 for each owner about whom personal contact information was wrongfully obtained or used. Upon prevailing, the plaintiff in any such action shall also be entitled to recover reasonable attorney’s fees and costs.
(1) Any seller of a timeshare plan must be a licensed real estate broker, broker associate, or sales associate as defined in s. 475.01, except as provided in s. 475.011.
(2) Solicitors who engage only in the solicitation of prospective purchasers and any purchaser who refers no more than 20 people to a developer or managing entity per year or who otherwise provides testimonials on behalf of a developer or managing entity are exempt from the provisions of chapter 475.
(3) A solicitor who has violated the provisions of chapter 468, chapter 718, chapter 719, this chapter, or the rules of the division governing timesharing shall be subject to the provisions of s. 721.26. Any developer or other person who supervises, directs, or engages the services of a solicitor shall be liable for any violation of the provisions of chapter 468, chapter 718, chapter 719, this chapter, or the rules of the division governing timesharing committed by such solicitor.
(4) County and municipal governments shall have the authority to adopt codes of conduct and regulations to govern solicitor activity conducted on public property, including providing for the imposition of penalties prescribed by a schedule of fines adopted by ordinance for violations of any such code of conduct or regulation. Any violation of any such adopted code of conduct or regulation shall not constitute a separate violation of this chapter. This subsection is not intended to restrict or invalidate any local code of conduct or regulation.
(5) This section does not apply to those individuals who offer for sale only timeshare interests in timeshare property located outside this state and who do not engage in any sales activity within this state or to timeshare plans which are registered with the Securities and Exchange Commission. For the purposes of this section, both timeshare licenses and timeshare estates are considered to be interests in real property.
(6) It is unlawful for any real estate broker, broker associate, or sales associate to collect any advance fee for the listing of any timeshare estate or timeshare license.
(7) It is unlawful for any broker, salesperson, or broker-salesperson to collect any advance fee for the listing of a personal property timeshare interest.
(8) Subsections (1), (2), and (3) do not apply to persons who offer personal property timeshare plans.
Chapter 721.205 - (effective 7/01/2012)
(1)(a) Before engaging in resale advertising services, a resale service provider must provide to the consumer timeshare reseller:
1. A description of any fees or costs related to such services that the consumer timeshare reseller, or any other person, is required pay to the resale service provider or to any third party.
2. A description of when such fees or costs are due.
(b) A resale service provider may not engage in those activities described in s. 475.01(1)(a) without being the holder of a valid and current active license in accordance with chapter 475.
(2) In the course of offering resale advertising services, a resale advertiser may not:
(a) State or imply that the resale advertiser will provide or assist in providing any type of direct sales or resale brokerage services other than the advertising of the consumer resale timeshare interest for sale or rent by the consumer timeshare reseller.
(b) State or imply to a consumer timeshare reseller, directly or indirectly, that the resale advertiser has identified a person interested in buying or renting the timeshare resale interest without providing the name, address, and telephone number of such represented interested resale purchaser.
(c) State or imply to a consumer timeshare reseller, directly or indirectly, that sales or rentals have been achieved or generated as a result of its advertising services unless the resale advertiser, at the time of making such representation, possesses and is able to provide documentation to substantiate the statement or implication made to the consumer timeshare reseller. In addition, to the extent that a resale advertiser states or implies to a consumer timeshare reseller that the resale advertiser has sold or rented any specific number of timeshare interests, the resale advertiser must also provide the consumer timeshare reseller the ratio or percentage of all the timeshare interests that have resulted in a sale versus the number of timeshare interests advertised for sale by the resale advertiser for each of the previous 2 calendar years if the statement or implication is about a sale or sales, or the ratio or percentage of all the timeshare interests that have actually resulted in a rental versus the number of timeshare interests advertised for rental by the resale advertiser for each of the previous 2 calendar years if the statement or implication is about a rental or rentals.
(d) State or imply to a consumer timeshare reseller that the timeshare interest has a specific resale value.
(e) Make or submit any charge to a consumer timeshare reseller’s credit card account; make or cause to be made any electronic transfer of consumer timeshare reseller funds; or collect any payment from a consumer timeshare reseller that exceeds an aggregate total amount of $75 or more in any 12-month period until after the resale advertiser has received a written contract complying in all respects with paragraph (f) that has been signed by the consumer timeshare reseller.
(f) Engage in any resale advertising services for compensation or valuable consideration without first obtaining a written contract to provide such services signed by the consumer timeshare reseller. Notwithstanding any other law, the contract must be printed in at least 12-point type and must contain the following information:
1. The name, address, telephone number, and web address, if any, of the resale advertiser and a mailing address and e-mail address to which a contract cancellation notice may be delivered at the consumer timeshare reseller’s election.
2. A complete description of all resale advertising services to be provided, including, but not limited to, details regarding the publications, Internet sites, and other media in or on which the consumer resale timeshare interest will be advertised; the dates or time intervals for such advertising or the minimum number of times such advertising will be run in each specific medium; the itemized cost to the consumer timeshare reseller of each resale advertising service to be provided; and a statement of the total cost to the consumer timeshare reseller of all resale advertising services to be provided.
3. A statement printed in at least 12-point boldfaced type immediately preceding the space in the contract provided for the consumer timeshare reseller’s signature in substantially the following form:
TIMESHARE OWNER’S RIGHT OF CANCELLATION
(Name of resale advertiser) will provide resale advertising services pursuant to this contract. If (name of resale advertiser) represents that (name of resale advertiser) has identified a person who is interested in purchasing or renting your timeshare interest, then (name of resale advertiser) must provide you with the name, address, and telephone number of such represented interested resale purchaser.
You have an unwaivable right to cancel this contract for any reason within 10 days after the date you sign this contract. If you decide to cancel this contract, you must notify (name of resale advertiser) in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to (resale advertiser’s physical address) or to (resale advertiser’s e-mail address). Your refund will be made within 20 days after receipt of notice of cancellation or within 5 days after receipt of funds from your cleared check, whichever is later.
You are not obligated to pay (name of resale advertiser) any money unless you sign this contract and return it to (name of resale advertiser).
IMPORTANT: Before signing this contract, you should carefully review your original timeshare purchase contract and other project documents to determine whether the developer has reserved a right of first refusal or other option to purchase your timeshare interest or to determine whether there are any restrictions or special conditions applicable to the resale or rental of your timeshare interest.
4. A statement that any resale contract entered into by or on behalf of the consumer timeshare reseller must comply in all respects with s. 721.065, including the provision of a 10-day cancellation period for the prospective consumer resale purchaser.
(g) Make or submit any charge to a consumer timeshare reseller’s credit card account; make or cause to be made any electronic transfer of consumer timeshare reseller funds; or collect any payment from a consumer timeshare reseller in an aggregate amount totaling less than $75 in any 12-month period unless the consumer timeshare reseller has been provided a copy of the terms and conditions of the contract provided for in paragraph (f) and the consumer timeshare reseller has agreed to such terms and conditions by mail or electronic transmission.
(h) Fail to honor any cancellation notice sent by the consumer timeshare reseller within 10 days after the date the consumer timeshare reseller signs the contract for resale advertising services in compliance with subparagraph (f)3.
(i) Fail to provide a full refund of all money paid by a consumer timeshare reseller within 20 days after receipt of notice of cancellation or within 5 days after receipt of funds from a cleared check, whichever is later.
(3) If a resale service provider uses a contract for resale advertising services that fails to comply with subsection (2), such contract shall be voidable at the option of the consumer timeshare reseller for a period of 1 year after the date it is executed by the consumer timeshare reseller.
(4) Notwithstanding obligations placed upon any other persons by this section, it is the duty of a resale service provider to supervise, manage, and control all aspects of the offering of resale advertising services by any agent or employee of the resale service provider. Any violation of this section that occurs during such offering shall be deemed a violation by the resale service provider as well as by the person actually committing the violation.
Federal Trade Commission - PART 310 - Telemarketing Sales Rule
§ 310.3 Deceptive Telemarketing Acts or Practices
(a) Prohibited deceptive telemarketing acts or practices. It is a deceptive telemarketing act or practice and a violation of this Rule for any seller or telemarketer to engage in the following conduct:
(2) Misrepresenting, directly or by implication, in the sale of goods or services any of the following material information:
(iii) Any material aspect of the performance, efficacy, nature, or central characteristics of goods or services that are the subject of a sales offer;
(vi) Any material aspect of an investment opportunity including, but not limited to, risk, liquidity, earnings potential, or profitability;
(4) Making a false or misleading statement to induce any person to pay for goods or services or to induce a charitable contribution.
§ 310.4 Abusive Telemarketing Acts or Practices
(a) Abusive conduct generally . It is an abusive telemarketing act or practice and a violation of this Rule for any seller or telemarketer to engage in the following conduct:
(1) Threats, intimidation, or the use of profane or obscene language;
(3) Requesting or receiving payment of any fee or consideration from a person for goods or services represented to recover or otherwise assist in the return of money or any other item of value paid for by, or promised to, that person in a previous telemarketing transaction, until seven (7) business days after such money or other item is delivered to that person. This provision shall not apply to goods or services provided to a person by a licensed attorney.
Information about Various Timeshare Resale Companies
Use This Information to Judge For Yourself. The following information is compiled from third party sources and does not necessarily represent the opinions of MCA. Company info is added as a result of client requests. At MCA, we believe you have the right to know the company you've done business with.
Timeshares By Owner (TSBO) / Timeshares Direct, Inc.
Complaints Board
Complaints.com
Timeshare Users Group
BBB Report
whocallsme.com
Ripoff Report
Premier Timeshare Solutions / Commercial Property Partners
Contact 5 Investigates - News article
Complaints Board
Timeshare Users Group
BBB Report
Legalnewsline
Universal Marketing Solutions / Creative Vacation Solutions
BBB Report - Universal Marketing Solutions
BBB Report - Creative Vacation Solutions
Rip-off Report - Creative Vacation Solutions
Complaints Board - Creative Vacation Solutions
State of Florida vs. Universal Marketing Solutions and Creative Vacation Solutions
Palm Beach Post - Consumer Alert
Miami Herald - News Article
Legal Newsline - News Article
Real Estate Channel - News Article
COMPLAINT FORM - STATE OF FLORIDA
Nationwide Marketing Solutions
Rip-off Report
Complaints Board
BBB Report
Florida DOACS - Press Release
Resort Equity Marketing / American Resort Planners (Both owned by Equity Marketing Corp)
my3cents.com
Ripoff Report
Redweek.com
pissedconsumer.com
Attorney General News Release
whocallsme.com
800notes.com
BBB Report
CHL Marketing, Inc. - GMAC Timeshare Division ( Alternate Business Names: FSBO Timeshare, GMAC Real Estate Timeshare Division, Timeshare Division, Timeshare Division GMAC Real Estate, Timeshare FSBO)
Complaints Board
Timeshare Users Group
800notes.com
Rip-off Report
My Consumer Advocate Phone: 727-954-7001 compliance@myconsumeradvocate.com
PO Box 23221
St Petersburg, FL 33716
Fax: 813-699-8696