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Hi Tracey! "I read the original results to that case and I think much of it hinged on the 2006 CD rom contract hidden in the case" My apologies. I should have linked to the actual opinion. http://www.documentcloud.org/documents/1532933-westgate.html First, this case provides a good example of a contract term that turned out to be unenforceable (at least in this particular case). Westgate had a clause that said all disputes would be litigated in Florida. The court found that in spite of that clause, this case should be litigated in Tennessee. Next, you are correct that the court found the plaintiff's had a valid claim for rescission based on the seller's failure to provide a current, readable POS. That claim entitled the plaintiff's to a refund of their purchase price, which was approximately $39,300. This claim was discovered by the lawyer that the victims consulted. It is not something the average victim, or person giving out advice on an internet forum, would ever be likely to detect. Finally, the real money in this case was the result of a verbal promise made during the sale. The buyers were told they would enjoy some kind of special "owner's nights" prices at the resort. This program is not mentioned in any of the written documents. The salespeople testified that they were trained to make this offer but that they knew it was not in the written contract. The court found that the promised benefit was not exactly the way it had been described during the sale (sound familiar?) and that Westgate knew the salespeople were making fraudulent statements. Such intentional fraud allows a jury to award special damages that are intended to punish the offender and deter others from engaging in such practices. The jury awarded $600,000. Westgate did appeal and the award was reduced to a mere $500,000, lol. Still a pretty good outcome for the plaintiffs. "if you bought from Westgate in Tennessee, there is precedent and your chances of winning are probably higher" There is nothing special about a timeshare case. The law is what it is. The claims in this case would be valid anywhere in the country, against any timeshare developer. "and worth it." Worth what? The work of finding a good attorney that will take your case on a contingency basis? It is true that the victim will have to invest some time and kiss a lot of frogs before finding her prince of an attorney, lol. I do hope I can make that process easier for people by telling them how to cast a wide net with very little work on their part. It is not unusual to contact 20-50 attorneys before you find the one that is right for you and your situation. The internet makes that chore fairly easy though. "I haven't heard of any such wins against DRI." Do you think that is because DRI never breaks the law, or that DRI is somehow above the law? More likely it is because of the perpetuation of the myth that it is a bad idea to consult an attorney in these cases. The people that are smart enough to ignore that myth and find an attorney, get paid off in a settlement and then there is a non-disclosure clause. Why didn't Westgate pay off the plaintiffs and avoid all that bad publicity from the trial? My guess is that the plaintiffs' attorney was very confident about what that case was going to be worth if it got in front of a jury. Westgate must have taken a different view. Settlement is a game of chicken. Each side is gambling on the potential outcome of going to court. The plaintiffs' attorney may have been holding out for a lot more money than Westgate thought a jury would award. Westgate gambled and lost. I enjoyed the discussion of this case. I will eventually publish the opinion on my own site. I will go through it blow by blow to show people how there ARE laws to address the deceptive practices of these TS developers. This case really is a great example of how no contract is "iron clad" and businesses can only get away with conning you if you let them.