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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50202
Experience:  Qualified Solicitor
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Is there any way that I can dispose of my Diamond resorts timeshare

Customer Question

Is there any way that I can dispose of my Diamond resorts timeshare as am an old age pensioner and can no longer afford the maintenance
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

I am afraid that the news will not necessarily be good. Disposing of a timeshare or holiday club membership is an extremely difficult process these days, mainly because supply is much greater than demand. The timeshare industry had a huge boom some years ago and everyone was keen on getting involved, only to discover years later that they had signed up to something they rarely used or that they could no longer keep up with the fees.

As timeshare agreements rarely allow for an easy termination, the following are the only realistic options for trying to dispose of a timeshare:

1. Sell to another consumer – this is rather difficult, because as mentioned supply is much greater than demand. I should also mention that there are many scams offering to dispose of a share and you must be very careful not to get involved with anyone that asks you for any fees in advance, whatever reasons they use.

2. Return the ownership to the resort - some resorts offer an exit programme for their members, subject to certain conditions, fees, etc. However, as this varies from one resort to another, you need to check with your own resort to see if this is an option.

3. Walk away from the membership – simply stopping payments and ignoring any further requests for payment. However, this is somewhat risky because some resorts have taken non-paying members to court. Still, not every resort does that so it is worth doing further research to see if yours is a resort that has taken legal action in the past.

4. Claiming misrepresentation or breach of contract - this could make the original contract unenforceable and it could be cancelled now without further liability. For example, if you were promised certain things that have not materialised or the resort has acted in breach of the terms of the agreement you could try and cancel the contract by arguing it is now void due to this. However, that will not always succeed, especially if the alleged breach is not serious enough and you are relying on trivial reasons.

So as you can see there are only a handful of options open to you. There are thousands of other people just like you and unless they find a breakthrough, the majority just continue with their memberships and write this off as a bad decision. I wish I could give you a guaranteed way of exiting, however I'm afraid that simply does not exist and this is evidenced by the large number of other 'victims' of the timeshare industry who are struggling in the same position as you.

JACUSTOMER-8a07nxrg- : I did not know I signed up for in perpetuity and can see no evidence in my original documentation with Sunterra before they were taken over by Diamond Resorts
Ben Jones :

it is entirely possible to sign up to a timeshare in perpetuity and that in itself is not illegal. he issue is whether you were missold the timeshare at the outset, for example told that it was for a fixed period when in fact it was not

JACUSTOMER-8a07nxrg- : I was told it was an investment but I have no proof of this
Ben Jones :

if you are trying to claim that the resort had misled you when selling the timeshare it would be for you to prove that - after all it would be your word against theirs so if you cancel and they then take you to court as a result, you need to show that the reasons you relied on to cancel were genuine

Ben Jones :

the system says you have been typing for nearly half an hour - is that the case or are you experiencing technical issues?

JACUSTOMER-8a07nxrg- : I was also told that I could travel to any of their resorts which has not been the case and. I have never been able to book a cruise
Ben Jones :

why have you not been able to book a cruise?

JACUSTOMER-8a07nxrg- : i have evidence that I cannot book in certain areas although promised that I could I have even placed it for sale with diamonds recommended resale company at a virtual give away. Can I ask for proof that I did sign for perpetuity
Ben Jones :

you may ask for a copy of the original agreement

Ben Jones :

but whatever the case, you would need to prove that the reasons tyu are relying on were sufficient and true to be able to successfully defend any potential claim made by the resort. Of course I must stress again that it is not guaranteed that they would actually take the matter further but the risk of course exists

Ben Jones :

are you still there, do you need any further help?

JACUSTOMER-8a07nxrg- : I have tried many times for the cruise giving 12months as a period always full
Ben Jones :

Now this would depend on availability I presume, I do not expect the resort to have given you guaranteed travel, I suspect they would have said you are eligible to go to other resorts subject to availability so if that was not the case then travel would not necessarily be guaranteed. Was that the case?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?