Timeshare Dispute, verbal agreements count for nothing?

Question

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.

Answer 1

Yes, you can sue for fraud; you can have your other family members submit affidavits (A letter describing what they witnessed while they were with you; these need to be signed by a notary or lawyer), which need to be as detailed as possible.

It sounds like you are well prepared for a case.  Obviously, I can't tell you what your chances are, but you do have a good amount of evidence to prove your case.

And yes - a verbal agreement is generally held to be as valid as a written one; it's just much harder to prove, because there isn't as much proof the agreement existed.

Answer 2

If you want to upgrade i.e. buy more points why not just buy from a resale market. you could get it for less that you paid for your from people trying to get out of a timeshare at all cost.

Answer 3

If the contract you  signed contains an integration or merger clause, there is a presumption that the contract is the entire agreement.  Parol evidence (oral evidence that modifies or interprets the meaning of a contract) may be introduced for limited reasons.  Without knowing the specifics, it sounds like the salesman committed fraud in the inducement to get you to sign.  The oral evidence would be admissible in that case.  Consult an attorney who handles civil matters and ask him of his experience in contract rescission.  

Answer 4

Was that timeshare salesman's lips moving?  If so, he definitely lied to you.

Unfortunately, timeshare salesmen have a reputation of being slimy, dirty scumbags who will lie and whatever else to get the deal signed.

I do not have any advice for your situation.

I would recommend taking your question to Timeshare Users Group (TUG) www.tug2.net or http://www.tugbbs.com/forums/ which is a free forum to discuss everything about timeshares.  Some users there may be able to point you in the right direction on what to do.  I bet many that have been in similar situations.