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Class Action Against Diamond Resorts?
Susan; thanks so much for the advice you have given me. !!!! I will get on that right away, especially getting a lawyer on contingency. I have demand letters and their reply is , "you signed a binding contract,so unfortunately we cannot free you from this obligation", so pay your monthly mortgage payment and maintainence fees and be quiet. Where is the class action against them if I and so may others wanting out have to contact lawyers individually????? I really want out of this mess, and now that they have sold to I don't know who, I'm thinking things may change . Hopefully for the better , but my gut tells me different so before it hits the fan..I want out. Ok Thanks again for helping me and pointing me in the right direction. Brendag
Brenda G.
I am meeting Thursday with Jeffrey Norton in New York City, lead attorney on the Marriott timeshare racketeering case. He is a class action lawyer and the lead attorney on the charges against Marriott - that Marriott is charging real estates fees for something that is not real estate. I am meeting with him about Diamond resorts. Please contact Mr. Norton at Newman Ferrara in New York City if you are interested in pursuing a class action.
There are only two attorney generals on the side of the consumer. One is Eric Schneiderman investigating the Manhattan Club due to a "bait and switch" scheme. We signed our second DRI contract because DRI said they were adding New York hotels. When I went to book for next week, it would have cost us $12,700 in maintenance fees dollars for what could be booked online for $2,600. including taxes and fees. This holds true year round and also applies to San Francisco and all the England resorts.
If Mr. Norton is onto something charging Marriott's points are not real estate, the same should hold true for DRI. If it is a membership like a country club, why is the contract perpetual. I was not in favor of class action, but if the attorney is in timeshare owner friendly New York where the oral representation clause does not hold water, there may be a chance with an attorney already in a high profile class action case against Marriott.
I have also talked to Douglas Wasser by phone, attorney for the Manhattan Club. His charge is lack of availability in that people booking online can get reservations, but owners cannot. AG Eric Schneiderman halted sales at TMC. The case is pending appeal but Mr. Wasser said that does not stop the investigation.
Actions speak louder than words. My Facebook address is Facebook/irene.parker7923. Please let m know if you contact either Mr. Norton or Mr. Wasser. I selected Mr. Norton because of a wider exposure.
Please join the Diamond Resort Facebook page consisting of 6,200 DRI members (many from Europe) fed up with lack of availability and maintenance fees that incorporate a 15% 100% profit to shareholders. Apollo founder founded Drexel Burnham Lambert of junk bond fame. Junk had some value but DRI points become worthless the moment the contract is signed, should an owner need to sell. https://www.facebook.com/groups/diamondresortsmembers - is the DRI Facebook address.
Irene P.
brendag239 wrote:Susan; thanks so much for the advice you have given me. !!!! I will get on that right away, especially getting a lawyer on contingency. I have demand letters and their reply is , "you signed a binding contract,so unfortunately we cannot free you from this obligation", so pay your monthly mortgage payment and maintainence fees and be quiet. Where is the class action against them if I and so may others wanting out have to contact lawyers individually????? I really want out of this mess, and now that they have sold to I don't know who, I'm thinking things may change . Hopefully for the better , but my gut tells me different so before it hits the fan..I want out. Ok Thanks again for helping me and pointing me in the right direction. Brendag
You are very welcome Brenda. I work with a group that is developing a class action against DRI.
Please feel free to contact me at sbharbison@gmail.com. I may be able to give you more specific help and I would be happy to do so.
Susan B.
New York class action Mr. Jeffrey Norton feels Marriotts class action is warranted because points are deeded and Marriott is blatently charging fees associated with real estate, but his firm is not interested in a Diamond Resorts class action after reviewing the information I emailed him. He said other cases have not faired well in the courts. He is the fourth attorney who said class actions are not warranted because the claims are not uniform, unlike the Marriott case where all are charged real estate fees. I know and respect each of the attorneys who looked into it.
Irene P.
Attorneys answer the question that is posed to them. Mr. Norton is correct of course, that there is no DRI claim that involves treating a VOI as real estate.
"He is the fourth attorney who said class actions are not warranted because the claims are not uniform, ...".
Yes, in order to bring a class action, you have to have a uniform claim. That means claims like fraud, where each case depends on exactly what lie was told to a buyer, can't be litigated via a class action. If you can't sue them for fraud, that only leaves 10-20 other claims that are suitable for a class action.
Susan B.
Was there ever a class action lawsuit. A friend of mine just got fuked out of their membership. A standard letter saying they were renting on redweek and airbnb therefore account shut down. The person wasn't renting on either, but claim they were.
The person is thinking about class action, but will most likely sue themselves.
Eric B.
Recommend you read previous posts on this string from susanb1439 in the last month. She has very graciously offered very sound advice regarding the steps necessary to move forward in an organized fashion to address your issues. She has been criticized on this site for doing so. Frustration and uninformed opinions aside, she has provided a means for aggrieved owners to move forward in a focused and effective fashion. Her contact info is listed in these posts.
Mark S.
You just need to search "state name" attorney general" but ARDA makes sure AGs are on the side of the developers. The only credible AGs for sure are Eric Schneiderman NY and Slattery in TN. Still file with the Consumer Financial Protection Bureau under mortgage option even if no mortgage and AG state you live NV where DRI lives and state where you signed contract.
Irene P.
This is a waste of time. Stop being lazy and realize that this product works and it's not perfect but if you spend 10 minutes reading how simple it is to use you will be very happy.
Resale is the big scam. You are complaining about resale which any developer has nothing to do with.
You are comparing apples and coconuts.
The internet is full of BS. Don't fall into these traps. FYI. I was banned from this site because I wanted to purchase something and not use them as the escrow and pay their absurd fees.
I wanted to deal with the developer and not pay their brokerage fee and this site said no!!!
This website is a front for a resale company in the timeshare capital of the world. Florida. It's all BS to make you use them and make them money. It's a total scam.
This site is a resale marketing website. It's a total joke. Deal with a real professional. Not people who don't use their name and also do your homework. Do you really think a website has more knowledge then legitimate professionals in this field. Real estate agents and real estate developers?
Or aome shack in Florida, no real business address with any legitimate signs and some BS website. Don't be fooled and ripped off.
This is a scam!!!!
Best of luck. Brad
Brad L.
Olufemio This from the attorney I contacted: What state do you live in? Most states have a long-arm statue that allows you to sue out of state defendants. Ask the Secretary of State in your state if Diamond has a designated registered agent whom you can serve with process. If the answer is no, then it is typical for the Secretary of State to be deemed the registered agent for service of process. You typically serve the Secretary of State with the suit and the the Secretary of State forwards it to Diamond. Assuming that you are not a Nevada resident then you should check the long-arm statute in your state where you live so that you can find out what you need to do to effectuate service of process on Diamond. You should probably call the Nevada secretary of state too to see who Diamond's registered agent is for service of process.
If this is Greek to you, find an attorney or search the internet for more information. Hope this helps.
Irene P.
RedWeek is not a scam, but if you want to buy or sell a timeshare, contact the Licensed Timeshare Resale Broker Association. I know several of the members, some who have been working the timeshare secondary market for decades.
My husband and I used and enjoyed our timeshares for over 25 years until Diamond purchased ILX. If someone pays $50,000 for Diamond points, suffers a catastrophic illness that does not allow them travel, there is no secondary market. They can surrender, but receive 0 for the points. Members of the LTRBA will buy and sell all timeshare programs except Diamond resorts. Westgate has an almost non existent market but I did find one member who will attempt to sell a Westgate week.
People have no idea they are signing a multi-generational perpetual contract because the Diamond contract says you can sell points. The problem is that you have to find your own buyer, or resort to scams, because not one of the 64 members of LTRBA will buy or sell Diamond points. They feel the points become worthless the moment you sign your contract. Diamond points are like an expensive country club, except that if you die, their contract says your heirs, successor trustees and personal representatives are bound by the contract for eternity. Who, in their right mind, would sign off on that? I have a Masters degree in business, read the contract, but thought I could sell our points like we would a house not understanding they have put restrictions on the use of secondary points to the extent there is no secondary market. Diamond says the LTRBA members just don't understand the Diamond program despite several members having decades of experience.
I know how to use our points, but signed a second contract because Diamond said they were adding New York hotels. Our daughter lives in NY. It would take $12,700 in equivalent maintenance fee dollars to stay one week at the same hotel for the same week for $2,300, including tax. If that is not deceptive, I don't know what is. If we want to stay in the Ozarks or Orlando, which we don't, there is great value.
Irene P.
Tell your kids (family) to disinherit if they don't want it when your die.
irenep59 wrote:RedWeek is not a scam, but if you want to buy or sell a timeshare, contact the Licensed Timeshare Resale Broker Association. I know several of the members, some who have been working the timeshare secondary market for decades.My husband and I used and enjoyed our timeshares for over 25 years until Diamond purchased ILX. If someone pays $50,000 for Diamond points, suffers a catastrophic illness that does not allow them travel, there is no secondary market. They can surrender, but receive 0 for the points. Members of the LTRBA will buy and sell all timeshare programs except Diamond resorts. Westgate has an almost non existent market but I did find one member who will attempt to sell a Westgate week.
People have no idea they are signing a multi-generational perpetual contract because the Diamond contract says you can sell points. The problem is that you have to find your own buyer, or resort to scams, because not one of the 64 members of LTRBA will buy or sell Diamond points. They feel the points become worthless the moment you sign your contract. Diamond points are like an expensive country club, except that if you die, their contract says your heirs, successor trustees and personal representatives are bound by the contract for eternity. Who, in their right mind, would sign off on that? I have a Masters degree in business, read the contract, but thought I could sell our points like we would a house not understanding they have put restrictions on the use of secondary points to the extent there is no secondary market. Diamond says the LTRBA members just don't understand the Diamond program despite several members having decades of experience.
I know how to use our points, but signed a second contract because Diamond said they were adding New York hotels. Our daughter lives in NY. It would take $12,700 in equivalent maintenance fee dollars to stay one week at the same hotel for the same week for $2,300, including tax. If that is not deceptive, I don't know what is. If we want to stay in the Ozarks or Orlando, which we don't, there is great value.
Ralph O.
This forum may be getting a bit off track, since to our knowledge, there are NO class-action lawsuits pending against Diamond. Three were filed (and dismissed) against the Manhattan Club, and there is currently one pending against Marriott. RedWeek is aware of several lawyers who are contemplating filing lawsuits against various developers, but until they go public, it is just talk. We have also published numerous articles about the resale market and identified options available to owners based upon our interviews with experts in the field. We urge owners who are seeking solutions to check our Ask RedWeek forum, and related resources, for more information. Wishing and hoping for a magical legal solution may be just that --- a wish and a hope.
Jeffrey W.