Have you ever bought something because you thought it would drastically improve your quality of life? Have you ever looked back on the decision with regret? Whether a new swimming pool wasn’t a hit or you never use the upgraded mud tires on your 4×4, remorse rarely sets in unless you were persuaded to make the purchase. Especially when the price tag is high. Any product that doesn’t pan out the way it was presented never elicits contentment. It’s why fractional owners immediately want to sue timeshare companies when they don’t get what they paid for.
Nobody cheerfully pays for something that they can’t use in the way they envisioned. A majority of owners never even planned on making a purchase of this magnitude. They were sold on an “affordable” vacation package that conveniently allowed them to travel with family or loved ones every year. When they find out that the actual costs are nearly double, they quickly become angered by a sense of mistrust and deception.
Harness Emotions and Be Smart With Next Actions.
While the desire to sue timeshare companies notably justifiable reaction, we want disgruntled timeshare owners to be smart about their decisions moving forward. Resorts know exactly what they’re doing. They’re normally two steps ahead of you and acting out of emotion will only make matters worse. If you’re ready to take action against the timeshare because you know they’ve lied to you, then you’re going to have to be able to prove it. If you’re not careful, a lack of evidence coupled with an emotional attack can end in the resort suing you.
The last thing you’ll want to do is open yourself up for further financial burdens. Although complaints by unhappy timeshare buyers are being heard now more than ever before, it doesn’t mean that voicing your disappointment will bring you favor. For more than half a century, timeshare companies have been combatting consumer claims. Unless obvious misconduct has occurred, their ability to squash fraudulency claims is second to none.
We’d be remiss if we didn’t disclose that canceling vacation ownership is tough. No matter which route you take, the resort isn’t going to make it easy on you. If you’ve experienced multiple layers of deceit (3rd party resale or phony exit programs), then it can be difficult to have confidence in your decision. So in order to encourage you to keep fighting for relief, we thought we’d explain the pros and cons of different legal actions. Hopefully you’re able to get a better idea for what it takes to sue timeshare companies successfully.
1. Class Action Lawsuits Against Timeshares
First and foremost, you must understand that you cannot just file a class action lawsuit and be done with it. Multiple parties with similar experiences need to collectively organize their case against the timeshare. Moreover, there are certain specifics to the process that need to be followed before any type of prosecution will consider your claim. Once several plaintiffs have been validated and certified, other possible claimants are notified with the choice to join the class action lawsuit or opt out altogether.
You have a far greater chance of winning when a large number of victims join the litigation efforts. But just like an attempt to sue timeshare companies on your own, the proof needs to be in the pudding. The good news is, when multiple parties have the same complaint, there’s a pretty high chance that someone has some pretty damning evidence. Vague accusations by angry consumers don’t carry much weight. This is why plaintiffs normally work with an attorney to collaborate on and organize the case before filing anything.
Numbers Don’t Always Help Class Action Litigations.
When you use an attorney that specializes in class action lawsuits vs timeshare companies, they tend to provide good feedback before any prosecution begins. Good legal teams won’t require payment until cases are won and most won’t even offer representation if victory isn’t likely. Just know that hiring a lawyer is risky either way. If you don’t win, you’ll be on the hook for payment. While a large class action lawsuit increases your chances, the corresponding legal fees can be outrageously high.
Should You Sue Timeshare via Class Action?
Indictments that are presented effectively rarely ever go to trial. Most timeshare companies prefer to quietly settle proven disputes outside of court in order to avoid negative publicity or any type of admission of guilt. Either way, the decision to sue timeshare companies by means of class action litigation can be favorable when organized properly. The main benefit of a collaborative prosecution is that victims can be relieved of their timeshare contract while receiving monetary compensation for the inconvenience.
The Negatives Can Be Quite Troubling.
At the same time, there are some drawbacks to this legal approach. First of all, class action lawsuits can take a long time to resolve and many underestimate the overall investment. The countless hours required for researching laws to formulate a claim can be grueling. Not to mention the time it takes to allocate and secure an attorney.
If the contract itself isn’t reviewed, then arbitration clauses can hold up litigation efforts. Even cases that make it to court can be unpredictable. Timeshare legal teams will try to exhaust your capital or force you to give up by doing their best to drag out the litigation. In the end, it’s your word against a signed contract. If the timeshare has surveillance of buyers signing the perpetual agreement, then those filing the lawsuit could be in for a big surprise.
2. The Reality of Personal Litigation.
The most difficult element of class action is that everyone’s experience is different. What may be perceived as valuable to you may not be seen the same way to another fractional owner. Moreover, it’s difficult to prove similar misconduct if the promises made by the resort varied. Since these “guarantees” are rarely written down during the closing period, it can be tough for those suing the timeshare to prove the intent behind the sales presentation.
Even though the whole town might have their pitchforks ready for battle, it might be in your best interest to pursue litigation individually. While researching next steps, you might realize you were uniquely defrauded and that the experience was personal to you. Although fractional owners rarely sue timeshare companies, make it to litigation and win, there is a chance you can come out on top. But it’s going to cost you.
When you sue timeshare companies on your own, the main disadvantage tends to surround capital. In most cases, disgruntled owners are already strapped for cash. Hiring a lawyer to represent your case requires a lot of front end costs. You could find yourself in the hole for thousands of dollars before litigation even begins.
Like we’ve mentioned in previous articles, most attorneys have no empathy when billing retainers. Whether you have a chance to win or not, they’re going to get paid for their time. While it may be hard to gauge your chances of winning, a well-documented presentation coupled with a proven timeshare attorney will increase your chances. But it still does not guarantee a winning verdict. At the end of the day, a failed personal litigation can be devastating to a single plaintiff.
3. Relief Via Attorney Backed Services.
Taking legal action against the timeshare company may seem like the right thing to do, but it’s a hit or miss strategy. Even the best attorneys in the world struggle to help fractional owners find restitution. Unless they specialize in litigating timeshare contract sales, it’s always an uphill battle. Hospitality conglomerates are well prepared to fight bland accusations and buyer’s remorse.
In most cases, the only way to walk away from timeshare ownership is to work with a company – equipped with a legal team – that’s already litigated prominent resorts and won. While many timeshare exit services are misleading in themselves, companies like ours have a track record of client satisfaction. We’re not interested in maybe getting you out of your timeshare. We take the time to qualify all applicants in order to cancel fractional ownership for good.
Although the cost of cancellation varies (depending on your loan and the amount paid off), it’s a mere fraction of what personal or class action litigation adds up to be. Instead of putting together a case and covering endless retainers, you could let go of the burden for a one time fee. You’re able to cease communication with the resort and rest easy while your agreement is processed and terminated. You don’t have to worry about conditional fees or being harassed and stressed by your timeshare. You simply let us do what we do best.
For those of you that think you need to sue timeshare companies in order to repay them for what they put you through, we understand. But you don’t have to put yourself through even more turmoil just for a shot at closure. Wasting a lot of time and money – only to still own the timeshare – can be disheartening to say the least. Sometimes we have to look at things rationally in order to pick and choose our battles. When it comes to timeshare travel, optimism can be misleading.
If you’d like to learn more about our exit services, feel free to schedule a free consultation or proceed with the qualification form below.