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[Q=garym172] [Q=ken1193] sherrym121 asks, in relevant part: >>Why have these "businesses" not been busted by now?<< ================================================== These "businesses" are despicable parasites, but the answer to your question is nonetheless very simple --- they haven't been "busted" because they haven't actually broken any law. These parasites convince desperate people to VOLUNTARILY make the CHOICE to pay them a ridiculously high "advertising fee" to advertise a timeshare. The timeshare does indeed then get "advertised" --- so they meet their one and only legal requirement. Unfortunately, the advertising itself is essentially worthless, being just an overpriced listing on an obscure web site which knowledgeable people would never take seriously. The advertised prices are also absurdly high --- many times higher than prices in the open resale market for the exact same week at the exact same place. I despise ALL of these "upfront fee" maggots, but what they do is NOT illegal. It's unethical, despicable, deceitful and opportunistic --- but unfortunately NOT illegal. It will take federal regulation to eradicate these maggots by MAKING what they do against the law.[/Q] Ken, you're very knowledgeable in regards to timeshares and the legal system. You' always have a lot of very good input on the various threads. However, you have stated several times that what the advance fee timeshare companies do isn't illegal. I agree that selling overpriced worthless advertising on an obscure website isn't illegal and if these companies presented their services as a paid advertising website where timeshare owners could list their units without using misrepresentation to make the sale then they certainly would be legal. As we all know they don't do this. These companies can't make a sale without claiming any number of misrepresentations that are flat out lies. These claims that entice a timeshare owner to hand over their money to an advance fee resale company are solely for the monetary gain of the sales rep and the resale company. Or in short, they are committing fraud to deceive a timeshareowner to give them money. Websters definition of Fraud: 1 a: deceit, trickery; specifically : intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right b: an act of deceiving or misrepresenting : trick When these companies cross the line into outrageous claims of someone being in the office right now who is looking for time at your resort, or you will get $30,000 for your unit or we've got so many people interested in your resort we guarantee it will be sold in 90 days or so forth and so on aren't they now committing fraud by definition? I may be wrong but it seems they are certainly partaking in illegal activities when they do this.[/Q] I agree that the actions of upfront fee companies often constitute fraud. But, proving fraud is very difficult. These are usually verbal contracts handled over the phone with a desparate seller seeking to unload a bad mistake. The company promises to advertise the timeshare and you give verbal or tacit approval by giving them your credit card information. This is a binding verbal contract. The upfront fee company records the portion of the conversation that protects them in the rare event you allege fraud. The portion of the conversation in which they make outlandish promises is not recorded and certainly never is reflected in a written contract. I suggest anyone talking to one of these charlatans record the entire conversation. I suspect that once you tell them you are recording the conversation you will suddenly lose contact with the up front fee salesman! Yes, Jayjay, verbal contracts are legal. The statute of frauds found in the common law and in the statutory law of all 50 states provides that the conveyance of real estate must be in writing. But,a verbal contract to advertise property for sale for an upfront fee is perfectly legal. Fraud is never legal but again very difficult to prove unless you have a recording of the entire conversation. Otherwise it is a "he said" "she said" situation.