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Re: WALK AWAY FROM TIMESHARE (by R P.):

It's ONLY your WRITTEN contract that's LEGALLY binding. Anything said by a salesperson verbally won't hold water in a court of law UNLESS you used a tape recorder to tape the presentation (which I would do if I were to be present at a future timeshare presentation and was thinking of buying).

There's an old saying by knowledegable timeshare owners that, "if a timeshare salesperson is moving his/her lips they're lying". That's why it's so important to read your WRITTEN contract backwards and forwards before signing on that dotted line and everything TOLD you verbally by your salesperson that's not in the written contract be added to the written contract.

Does it mention anything about exchanging in your WRITTEN contract and, if so, does it state that via the exchange company you can get anything in the RCI/II Wishbooks you want at any time in an exchange? If not, then you don't have a leg to stand on as far as a breach of contract lawsuit.

No, it's not fair, but that's just the way it is. If the salesperson was pushing the benefits of exchanging to make you buy, then that should have raised a red flag. Exchanging is merely a side perk of timeshare ownership and getting what you want in an exchange is all about the trading power of the week you own and supply and demand of the week you want in an exchange.

As far as the Canadian RCI exchange fee, I know that it's somewhere around $199 while USA exchange fees are $164.

I wish you luck on your breach of contract lawsuit but don't hold your breath thinking you'll succeed from what a timeshare salesperson told you verbally.

pattig31 wrote:

Regarding exhange costs...I own an American timeshare, and therefore have a contracted exchange fee of $164, however, I am a Canadian. When I call RCI, they consistently quote me an exchange fee of $200 + and I consistently have to argue with them to provide me with the fee I agreed to ....$164. Canadians who have bought in the US, and Americans who have bought in Canada should be aware of this attempt to pick your pocket.

In my case 75% of the sales pitch was around the benefits of exchange. Legally, because the timeshare company acted as the sales agent for RCI, they are legally required to ensure that the services are supplied as promised. In effect there are two contracts between the buyer and the timeshare company...the written one with the timeshare company and the verbal one regarding exchange. The timeshare company is legally responsible for adequate provision of (in my case RCI) services as the sales agent for those services. For those of you who were sold your timeshare primarily based on the value of exchange, you can easily prove breach of contract.