Time Share Adventures Timeshare Adventures refuses to release paid for timeshare becasue of their error! St. Petersburg Florida
I purchased a time share at the Marriot Grande Vista Resort through Time Share Adventures. We have the Closing Statement that indicates the sellers mortgage was paid in full.
We have the Warranty Deed with a raised seal and signed by both the sellers and us as the buyers was recorded with the Comptroller in Orange County, Florida on October 3, 2007.
On October 11, 2007 we received a copy of the letter sent to Marriot Vacation Club to notify them that the property was transferred, with checks for the payment of transfer and FROR fees. This letter was signed by Phillip w. Dann in their legal department.
On November 28, 2007 I received a call from Jessica at Time Share Adventures. She advised me that the property had not been released becasue although they thought the seller had paid their mortgage they had not. Our payment was released to the seller without checking to confirm their mortgage had been paid.
Now Time Share Adventures claims I have to wait for the seller to complete payment of her mortgage before they will release the property to me. I called Marriott and they in fact do not have any record that the time share was sold by the seller.
At this time I am unable to exercise my right to reserve usage of the time share that I have paid for in FULL. i have told Time Share Adventure that I am not responsible for their error and the property needs to be released. To date this has not happened.
Pamela
Ridgefield, Connecticut
U.S.A.
5 Updates & Rebuttals
Phil Dann
St. Petersburg FL,Florida,
U.S.A.
Mistake Post
#6UPDATE Employee
Wed, September 17, 2008
The September 15, 2008, post does not apply to this situation. It was posted in error.
Phil Dann
St. Petersburg FL,Florida,
U.S.A.
Complainant Ignored Instructions on How To Avoid Problem
#6UPDATE Employee
Mon, September 15, 2008
Even though this complaint is almost ten months old, we only learned of it about a week ago. We have reviewed our file and make the following response (which is the same as the response we made to the BBB in October of 2006).
At the time the complainant (who was not our customer or client) signed the contract for purchase of the timeshare, she received a closing introduction document which stated, in part, Our investigation is limited to determining the status of maintenance / assessments, the next available year of use, confirming ownership, and whether there is resort financing on the unit. If a buyer desires proof of the unit layout, the nature of the week (red, white, high season, et cetera), whether it's poolside, beach front, ocean view, or whatever, it is up to him to obtain satisfactory proof. The information in our ad is supplied by the seller or an exchange company; we do not verify it.
Although she acknowledges receipt of this document, she ignores the fact that she failed to verify that the timeshare was as advertised. She now seeks to place blame for her failure on Timeshare Adventures.
Philip W. Dann, Esq.
Closing Department
Timeshare Adventures, Inc.
Phil Dann
St. Petersburg FL,Florida,
U.S.A.
Complainant Ignored Instructions on How To Avoid Problem
#6UPDATE Employee
Mon, September 15, 2008
Even though this complaint is almost ten months old, we only learned of it about a week ago. We have reviewed our file and make the following response (which is the same as the response we made to the BBB in October of 2006).
At the time the complainant (who was not our customer or client) signed the contract for purchase of the timeshare, she received a closing introduction document which stated, in part, Our investigation is limited to determining the status of maintenance / assessments, the next available year of use, confirming ownership, and whether there is resort financing on the unit. If a buyer desires proof of the unit layout, the nature of the week (red, white, high season, et cetera), whether it's poolside, beach front, ocean view, or whatever, it is up to him to obtain satisfactory proof. The information in our ad is supplied by the seller or an exchange company; we do not verify it.
Although she acknowledges receipt of this document, she ignores the fact that she failed to verify that the timeshare was as advertised. She now seeks to place blame for her failure on Timeshare Adventures.
Philip W. Dann, Esq.
Closing Department
Timeshare Adventures, Inc.
Phil Dann
St. Petersburg FL,Florida,
U.S.A.
Complainant Ignored Instructions on How To Avoid Problem
#6UPDATE Employee
Mon, September 15, 2008
Even though this complaint is almost ten months old, we only learned of it about a week ago. We have reviewed our file and make the following response (which is the same as the response we made to the BBB in October of 2006).
At the time the complainant (who was not our customer or client) signed the contract for purchase of the timeshare, she received a closing introduction document which stated, in part, Our investigation is limited to determining the status of maintenance / assessments, the next available year of use, confirming ownership, and whether there is resort financing on the unit. If a buyer desires proof of the unit layout, the nature of the week (red, white, high season, et cetera), whether it's poolside, beach front, ocean view, or whatever, it is up to him to obtain satisfactory proof. The information in our ad is supplied by the seller or an exchange company; we do not verify it.
Although she acknowledges receipt of this document, she ignores the fact that she failed to verify that the timeshare was as advertised. She now seeks to place blame for her failure on Timeshare Adventures.
Philip W. Dann, Esq.
Closing Department
Timeshare Adventures, Inc.
Phil Dann
St. Petersburg FL,Florida,
U.S.A.
Response of Timeshare Adventures, Inc.
#6UPDATE Employee
Thu, September 04, 2008
Although this may appear to be a belated respone, Timeshare Adventures did not become aware of this posting until a week ago. We have throroughly reviewed our records and based on that review, offer the following response. (Documentation is available provided the buyer and complaining party, Pamela, will agree to its release.)
A check drawn on our escrow account to pay off the mortgage was forwarded to Marriott on September 26, 2007. That check cleared on October 4, 2007. Unfortunately, due to our miscalculation the check was approximately $850.00 short of the required amount. Marriott notified us of this by a letter faxed to us on November 15, 2007. We immediately contacted the sellers and advised them of the mistake and requested that they pay the outstanding balance.
On December 12, 2007, we advised Pamela by telephone that the sellers anticipated making the payment directly to Marriott by the 15th of the month. On December 26, 2007, the sellers advised us that the balance had been paid by electronic transfer. This information was relayed to the buyer by phone on the same date.
On December 28, 2007, we confirmed with the owner modifications offfice at Marriott that the mortgage had in fact been paid off and that the transfer would be completed in Marriott's records that day.
A copy of the recorded deed and checks to pay Mariott's transfer fee and its fee for waiving its first right of refusal had been mailed to Marriott on October 11, 2007. Those checks cleared on October 19 and 22, 2008.
Marriott's advice to Pamela that it had no knowledge of the transfer was obviously incorrect as it had recived notice and proof of the sale no later than shortly before October 19 when the first of the checks sent to it with the notice of the sale cleared.
Pamela's statement that she should not be held responsible for our error is correct. Had the seller failed to pay the balance, we would have paid it and the pursued the seller for reimbursement to us. Fortunately that wasn't necessary and Pamela officially became owner before the end of 2007. As her first use was to have been in week 28 of 2008, it seems to have been a no harm, no foul situation.
We have apologized to Pamela for her inconvenience and discomfort and reiterate that apology. Timeshare Adventures, Inc., strives to deliver a first rate product and services to those with whom it deals. On those very rare occasions when we make mistakes, we are fully prepared to remedy them at our at our expense if necessary.
We are, after all, only human but we are also responsible humans.
Philip W. Dann, Esq.
Closing Department
Timeshare Adventures, Inc.
(800) 581-7330