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Original Message:

Re: WALK AWAY FROM TIMESHARE (by KC):

pattig31 states, quoted in pertinent part:

>> The last thing these organizations want is a class action suit based on breach of contract...which you know as well as I is entirely feasible based on (a) breach of verbal contract and (b) fraudulent representation of future services to be provided. << ======================================

You've either missed (or simply chosen to ignore, as is your prerogative) several key points already made clearly known to you here:

1. There is simply no such thing as a "verbal contract". As far as contracts go, anything not expressed in writing, under the authorized signature of both parties to the contract, simply *DOES NOT EXIST* in the eyes of the law. Whether or not you've been lied to by a slimy sales representative does not in any way influence or alter this basic, fundamantal, indisputable fact of contract law. Obviously, since there is no such thing as a "verbal contract", there is (no surprise) also no such thing as "breach of verbal contract". You might wish and hope it was otherwise, but I'm afraid that you'll just have to keep wishing and hoping......

2. Class action suits require consolidation of numerous individuals or entities who collectively assert (and are willing to try to prove) a demonstrable, common harm. RCI, in fact, is currently the defendant in a class action suit by some of its own members). That said, your individual acceptance of the verbal lies, misrepresentations and half truths of a slimy salesperson (and never seeing those lies ever expressed in writing, but then going ahead and signing that contract anyhow) hardly constitutes any valid grounds whatsoever for a "class action lawsuit".

As far as RCI goes, they've never promised you (or anyone else) ANYTHING. They merely provide their membership the OPPORTUNITY and POSSIBILITY, as a VOLUNTARY MEMBER of their exchange company, to TRY to exchange what you own for something else of comparable value, WHEN AND IF it MIGHT become available. If some slick talking salesman told you otherwise, you have no valid "beef" with RCI, as disappointed as you might be (...join the crowd...) in your RCI membership.

Clearly, you have heard or read a few legal "buzz words and phrases" somewhere, but with all due respect you clearly don't otherwise know anything at all about their actual meaning and/or their application in the real world of U.S. law. ======================================

Re: >> Also...regarding ebay sales of eBay timeshares...these are placed by resorts who have had to reposess units based on owner's failure to pay maintenance fee. <<

Sorry, but you are completely wrong.....again. Resort HOA's which foreclose on owners generally only offer those units up for sale or auction internally (i.e., within the resort's current ownership population). VERY FEW resorts EVER sell on eBay AT ALL. I can count all the ones I know of in the U.S. on one hand (and still have a few fingers left over). Where on earth are you getting your information and erroneous conclusions?

The vast majority of timeshares offered on eBay are by so-called "Postcard Companies" (another group of slimy bottom dwellers in the timeshare world) who have acquired ownership of those timeshares from owners so frustrated that they have PAID the PCC (around $3k) just to "take the timeshare off their hands". The PCC has absolutely no connection to the resort being sold, and never did at any time. The PCC then just sells the timeshare on eBay for whatever they can get (even if it's only $1.00, they ALREADY made $3k taking the unit from the owner in the first place). If it doesn't sell, they have still made money (except that eventually THEY will be the ones holding the bag for overdue maintenance fees). Additionally, many PCC's have either their own "internal" closing company (more profit still) or a contract with one particular closing company, getting a reduced rate (or a direct kickback) for sending the PCC sales closings their way. There are, of course, also honest, individual owners / sellers on ebay, but they are a statistical minority. Again, my point is that very, very few resorts EVER sell (or even try to sell) their HOA owned weeks on eBay.

I am ALWAYS an advocate for the timeshare consumer, but I respectfully suggest that you really need to get a grip on the facts and realties of the situation you're discussing here while apparently being completely unencumbered by any actual knowledge of the legal details or applicable aspects of the law(s) involved.

Apologies for multiple edits undertaken solely to correct my poor typing skills. Content wise, I stand by every word........