Manhattan Club Lawsuit

fellow mc shareholder/owners: the lawsuit that i believe you're referring to was dismissed by the court in may 2012. personally, i believe our attorneys were ill prepared for a court presentation of our class action case.

Unfortunately, Mr. Eichner is some how hooked into the politics of NYC courts. Therefore, I feel is being protected by the judges in the courts. Look up Mr. Bruce Eichner background. His past position as a prosecutor for NY. This not good for owners/customers of TMC. He was once in a position to prosecute criminals. We owners need to join up together and protest Mr. Eichner's office in NYC. Bring attention to The Manhattan Club representing ourselves in ownership of timeshares and the unhappiness and unsatisfactory treatment and financial gawging of maintainance fees. What about the N.Y.S. Attorney Generals office? NYS Attorney's Generals office should investigate the business practices of Eichner and his managment team at The Manhattan Club and put the pressure on them for their unethical practices! That is the only way to turn the tables on Eichner and the management of The Manhattan Club.

When and where did you hear that about the class action suite? I'm not surprised because of Eichner's connections, but that does not help us and many, many other people from getting ripped off. The poor practice of selling the timeshares that people are being forced to give.... back.

vanessa175 wrote:

When and where did you hear that about the class action suite? I'm not surprised because of Eichner's connections, but that does not help us and many, many other people from getting ripped off. The poor practice of selling the timeshares that people are being forced to give.... back.

...i heard shortly after the court dismissal. i wouldn't be surprised about eichner's connections. the nys ag has been notified, and his office responded with directions to the mc owner/mgmt to be "transparent in its sales presentations" and to respond to (my) letters...to the ag. THIS B.S. HAS STILL GOTTEN US UP THE SAME SHI**Y CREEK. MAYBE A LETTER TO MAYOR BLOOMBERG'S OR EVEN DONALD TRUMP'S OFFICE WOULD HELP; AT LEAST IT COULDN'T HURT!

I have been in touch with Lynn O'Donnell at the mc and she was to help me by taking back the mc as a reverse sale. But upon speaking to the financial deartment they said they had no idea whatI I was talking about. My account is in collection as I have not paid my 2012 to 2013 m.f. and I was told by Lynn I had to pay them before we could do this transaction. Now the collection company claims I have to pay my bill and also does not know about this reverse sale.I think that they must think I am an idiot that I would pay these charges which have been increased by hundreds of dollars and have no guarantee of them taking this unit back unconditionally.Anyone have any suggestions?

my first suggestion is to pay your mfees, o tmc can ruin your credit rating, if that matters to you. a reverse sale (which i haven't heard of) means that they'll TAKE it back (and kiss your purchase price goodbye!) that seems unlikely since that adds to their inventory and they'll (allegedly) have to pay maintenance fees on it till it's sold. as for HELPING YOU, that doesn't seem to be in tmc's vocabulary or, for that matter attitude. so, either live with all the crap they're handing us owners or look into some creative legal maneuvers to outwit the (alleged) frauds that manage/own tmc.

marya830 wrote:

I have been in touch with Lynn O'Donnell at the mc and she was to help me by taking back the mc as a reverse sale. But upon speaking to the financial deartment they said they had no idea whatI I was talking about. My account is in collection as I have not paid my 2012 to 2013 m.f. and I was told by Lynn I had to pay them before we could do this transaction. Now the collection company claims I have to pay my bill and also does not know about this reverse sale.I think that they must think I am an idiot that I would pay these charges which have been increased by hundreds of dollars and have no guarantee of them taking this unit back unconditionally.Anyone have any suggestions?

It would have been nice if someone had told us the result of the class action suit since we had signed up as participates. Not only did we have the reservation problem but we were assured emphatically that there would always be smoking units availabe which there are no longer. My bankruptcy attorney assures me that they have breached the contract. The Bankruptcy Court is trying to make up its mind as to what to do. We haven't made any payments in two years and have no intentions of doing so!

Hello Marya830,

You must be current on your dues before any transaction can take place. You don't 'own your year to sell unless you pay for it. otherwise people would not pay for years, then expect them to take it back. That will never happen. Therefore, when you wipe the slate clean they will then 'take back' your unit at no profit to you. So essentially you are giving it away but you are no longer locked into to the contract. I did it, and it was worth it. Pay the dues and cut your losses and NEVER buy another timeshare again.

Sarah: I did pay my dues plus late fees and penalties and collection charges and they are suppose to go forward with a deed change. I am happy to hear that it worked for you as I am very worried about trusting the m.c. I did not want my children to have to inherit this situation so it was worth it for me to try to get rid of it. No one out there wants to buy this thing as I have tried for years through many areas. I hope my next message will say I am rid of it for good!

Marya,

I hope you next post is a good one, I'll keep good thoughts for you. I found Lynn to be very pleasant and helpful. she put me on the list and within 4 months of paying my dues, she called me. but if I were you I would stay in touch with her every couple of months. My experience with MC wasn't all that bad, I always got reservations, unlike some others and the staff were nice to me when I called. But I try always to treat people with respect, even if I'm complaining about something. I never blame anyone but I ask for assistance. Being nice really does work. Best of luck to you.

MaryA,

When did you give back the timeshare? We have been thinking about it for some time now because of what has been happening with our lack of availability and the decline of the property. Always, always, have some big improvment going on and the only making out here is Eichner and the Managment staff. I was told that they would not take back timeshares. How can I get in touch with Linda O'Donnell?

also am interested in revere sale can I get some contact info? Linda

T hose interesed in giving back the m.c. to them which is what I am doing, I would sug. gest that you wait for it to happen and once it does I will let you all know. They do not call it a reverse sale which is what I thought but a deed back or something like that. Wish me luck and then I can wish you luck as well when it finally happens

brother&sistermanhattanclubowners:

forget about the lawsuit. it's over; we lost. let's think CREATIVELY about our next step (s). here are collective goals: 1. lower maintenance fees substantially 2. rectify the crappy reservations process 3. stop having the mc called a hotel; it's a timeshare and should be listed as such on expedia, bookings, hotels, etc. dot com. (that's clearly a case of misrepresentation.) 4. if developer legally has shares for rental, other owners should be given priority for reservation time. we paid for this "privilege." 5. the mc financial statement should show how (and if) developer rented space is helping to keep our maintenance fees down. 6. ask mc for a city tax statement we pay for each owned week for income tax purposes. 7. please add to these goals if your issue (s) were overlooked above. NOW, dump what strategies we've tried to to date since we thought they would help but didn't, and come up with some new and fresh ideas. SURELY THERE MUST BE AT LEAST ONE ATTORNEY SISTER/BROTHERMCOWNER. COME FORWARD AND LEND A HAND.

chris

Hi MaryA,

it's called a Buy Back. And I thought you were already in touch with Lynn McDonald (not Linda) I did mine about 9 months ago. Don't have her contact handy but she's in the financial dept. Just call and ask for her. If you don't get her leave a complete message and tell her you are interested in a Buy Back and if necessary agree to be put on the list for when they are doing it again. It won't help you to mentioned me or that I did it. They don't owe you ANYTHING, you have NO leverage. Just be NICE and thank her for her keeping you in mind.

Good luck

Good luck!

does anybody here realize that THE MANHATTAN CLUB, NYC IS NOT LISTED WITH THE BETTER BUSINESS BUREAU. in order to be listed, organizations, companies, businesses, etc. must apply for the listing. WHY DIDN'T TMCNY APPLY FOR SAID LISTING WITH THE BETTER BUSINESS BUREAU. DO THEY HAVE ANYTHING TO HIDE. HMMM, MY GUESS IS YES!

chris

Please contact me regarding the lawsuit outline, full details and contact info for person to coordinate with. Thank you. lhulitt@hotmail.com

alexc100 wrote:

http://www.crainsnewyork.com/article/20110713/REAL_ESTATE/110719963

Ritzy NYC time-share developer sued for fraud

Buyers of shares in The Manhattan Club allege developer Ian Bruce Eichner is letting anybody but them into his West 56th Street hot spot; say they paid up to $53,000 for little.

A lawsuit has been filed against developer Ian Bruce Eichner and other owners and operators of The Manhattan Club, the city's first time-share condominium resort late last month. The suit accuses Mr. Eichner and other entities of fraud and “breach of implied covenant of good faith and fair dealing,” according to court documents. Five time-share owners in The Manhattan Club, located in The Park Central Hotel at 200 W. 56th St., are alleging that “through a coordinated and uniform marketing strategy, defendants fraudulently create and maintain the impression that access to and beneficial use of timeshare units in The Manhattan Club is completely or almost completely limited to timeshare ownership interests,” the court filing dated June 28 said. “The sponsors and other entities are being sued for committing fraud,” said Steven Blau of the law firm of Blau Brown & Leonard, which represents the plaintiffs. “Timeshare owners paid valuable money and they are not being permitted to use the apartment, even if they are requesting the unit nine months to a year early.” Mr. Eichner declined to comment. The suit suggests that there's an easy explanation for that. The defendants “intentionally and fraudulently engage in the continuous and unconscionable practice of overselling the occupancy capacity of the 286 time-share units by renting them throughout the year to the general public through Expedia, Hotel.com and other Internet-based travel websites,” according to the lawsuit. “As a result, a significant percentage of holders of flexible timeshare ownership interests are precluded from reserving the use and occupancy of their time-share units…and are routinely told by defendants that ‘availability is on a first-come first serve basis' and ‘there are no available [units].'” The Manhattan Club's management company, which is also run by the developer, earns 20% of gross revenues from the general public which rents the units, according to Mr. Blau. Meanwhile, he insists that “the owners get nothing and have to pay real estate taxes, time-share charges and for the mortgage on their time-share interest.” Purchasers of the time-shares spent roughly $10,000 to $53,000 depending on the type and size of unit. The sponsor also offered buyers up to 90% financing, with terms of up to 15 years with varying interest rates of up to an 18% fixed-rate, the filing said. Therefore, the defendants are also making money from the plaintiffs via mortgage payments. “It's in the best interest of the sponsor, who runs the management company, to rent it to strangers because when owners use of the apartment they make nothing,” Mr. Blau said. The Manhattan Club is located in a mixed-use property that is also home to The Park Central Hotel. Mr. Eichner converted some of the hotel into time-share condos in 1996. The plaintiffs are seeking to recoup unspecified monetary damages.

Thank you Chris for your thoughts on these strategies. Any would be better than what is happening now. What if everyone who is unhappy with the MC just stopped paying maintenance fees. Then through legal representation pursue matters in the issues you have listed, until we get these very issues resolved? We have no other bargaining chip.

We should be paying for legal fees to get us all out of this situation, instead of just handing over our timshare and thousands of dollars we paid out. How can we move forward? I'm up for any approach in getting to a better place with this timeshare. I have exchanged it for the past two years because every year I kept it, I couldn't get the nights I paid for.

Vanessa, this is the smarted suggestion I've read so far. All you need is 75% of owners to stop paying to get results. If people would have the courage to take a stand and do this 'protest', it would get results. It has to be organized though, and you have to trust that owners will do it. Good luck everyone!

vanessa, it is not legal to stop paying maintenance fees. we all signed a legal contract to pay them annually. owners could be subject to legal action and/or penalties should the mc wish to pursue the matter. that's not the answer. i think that CONSISTENT appeals to the nys ag's office from all owners might be an answer. my take on this action (or lack thereof) is that far too few of us owners have taken the initiative to write the nys ag. this is a must-do, or we must continue to pay the mc management fees of 20-30% and stop complaining about the totally exorbitant maintenance amount for shares.

vanessa175 wrote:

Thank you Chris for your thoughts on these strategies. Any would be better than what is happening now. What if everyone who is unhappy with the MC just stopped paying maintenance fees. Then through legal representation pursue matters in the issues you have listed, until we get these very issues resolved? We have no other bargaining chip.

We should be paying for legal fees to get us all out of this situation, instead of just handing over our timshare and thousands of dollars we paid out. How can we move forward? I'm up for any approach in getting to a better place with this timeshare. I have exchanged it for the past two years because every year I kept it, I couldn't get the nights I paid for.