In America, everyone has the right to an attorney – even criminals!
EVERYONE, that is…EXCEPT timeshare owners at Diamond Resorts International.
That’s what Robert and Suzanne Curthoys of Folsom, California discovered when they tried to get Diamond to take their timeshare back under the company’s much-publicized “Transitions” relinquishment program.
They had purchased a timeshare with Pacific Monarch Resorts in 1999. Diamond acquired Pacific Monarch in 2011. But as Robert and Suzanne explained in their lawsuit against Diamond, their timeshare experience was a frustrating one.
“[The Curthoys] have tried diligently to use their timeshare but in twenty years, they have never once been able to reserve it for a week that worked with their schedule.”
Not once in twenty years!
Small wonder, then, that by the time Diamond took over, Robert and Suzanne were looking for a way out.
“In 2013, the Curthoys requested that Diamond take their timeshare back. Diamond refused.”
No surprise there.
“The Curthoys then paid for the services of an attorney to assist them in transferring their timeshare to a new buyer. The attorney was unsuccessful and no longer represents the Curthoys.”
That’s the way it goes sometimes – well, actually, a lot of times – with timeshares. Lord knows, they are difficult to resell.
But things began looking up in 2016 when the Arizona Attorney General’s office reached a settlement requiring Diamond to establish a relinquishment program. Arizona timeshare owners who met five basic criteria, such as having no loans on their timeshare and being current with maintenance fees, could have Diamond buy their timeshare back.
The program was such a public relations hit that Diamond decided to take it nationwide.
“Shortly after the [the settlement] was entered, Diamond implemented the relinquishment program on a national basis under the name ‘Transitions.’”
Good news…or so Robert and Suzanne thought…
“The Curthoys accessed their account on the Diamond website on or about July 30, 2019 and saw that they were eligible for the Transitions program. This was no surprise to them as they meet each of the Agreed Criteria.”
Except…
“One day later, the Curthoys received an email from [Diamond] stating that their application was not processed. The email explained ‘Your application for Transitions ™ for contract XXXX7518 was not processed due to failure to satisfy the following condition(s) for application:’ No condition was provided.”
That’s odd. The Curthoys were sure they met the five basic criteria, so…
“That same day, Mr. Curthoys wrote to [Diamond] to ask what condition he had failed to meet.”
“The following day, [Diamond] responded that it was ‘unable to move forward due to your account history reflecting legal representation on your end submitted to relinquish your vacation interest.’”
“Mr. Curthoys responded that the attorney who had represented him in the past no longer represented him.”
That didn’t matter to Diamond.
“[Diamond] responded, ‘Since working with a third-party company or law firm is a disqualifier for Transitions, I am unable to submit a Transitions Request for you.”
In other words, because the Curthoys had exercised their right to an attorney – before Transitions was even created – they lost their rights at Diamond!
How un-American! And yet…so Diamond.
Seems like Mark Wang, the CEO of Hilton Grand Vacations, which purchased Diamond Resorts in 2021, needs a refresher course on basic American rights. Let’s email Mark at mark.wang@hgv.com to educate him.
Let’s see if Jason Gamel agrees. Jason’s the President and CEO of the American Resort Development Association (ARDA), which represents timeshare companies in Washington, DC. His email is jgamel@arda.org
Does your timeshare company guarantee you a right to an attorney? Use the information in this list of ARDA VIPs to contact its leaders and find out.
Has a timeshare company violated your rights? Let us know at info@timesharefacts.com
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