| The ol’ Bait-and-Switch. That’s what many have called the tactics used in timeshare agreements. But when it comes to bait-and-switch, this recent lawsuit against Hilton Grand Vacations has to take the cake. In this crazy story, Hilton Grand Vacations claims that a contract for a timeshare… in Florida… wasn’t covered by Florida law… …and despite the fact the sales contract says it is covered in Florida… …right there in black and white!! According to the lawsuit, here’s how it went down. During a sales presentation in Hawaii on January 5, 2022, Elizabeth Domingo “entered into an agreement with Defendant HGV for the purchase of a ‘vacation ownership interest’ at Tuscany Village Vacation Suites in Orlando, Florida.” “The Timeshare Agreement specifies that it ‘shall be governed under and interpreted and enforced in accordance with the laws of the State of Florida.’ The Timeshare Agreement further specifies that the ‘law of the state where the Project is located will govern [the] Agreement, Deed and the Note and Mortgage, if any, and all other aspects of the Project.’ The Project was located in Orlando, Florida.” Seems clear enough, right? You would think so. But when Elizabeth canceled her contract well within the 10-day window allowed under Florida law, Hilton Grand Vacations “claimed that Hawaii law governed the Timeshare Agreement, and that Ms. Domingo failed to submit the cancellation requests within the 7-day window under the laws of Hawaii.” Huh? The legal timeshare purchase agreement everyone signed says Florida laws applies to the deal, but Hilton Grand Vacations now wants to say that Hawaii law applies? That sounds like a classic – and outrageous – example of bait and switch. Now, here’s the kicker: The lawsuit notes that in the timeshare agreement, “The Cancellation Notice stated that either Ms. Domingo or the developer could cancel the transaction within 10 calendar days after executing the contract or after receipt of the timeshare disclosure statement, whichever occurred later.” The timeline goes like this: “On January 6, 2022, Defendant HGV sent Ms. Domingo copies of its disclosure documents for the sale of the timeshare.” “On January 13, 2022, Ms. Domingo invoked her right to cancel the transaction by faxing an executed copy of the Cancellation Notice to Defendant HGV. The Cancellation Notice was timely.” That’s 7 days. Elizabeth canceled her contract within even the shorter 7-day window. But Hilton Grand Vacations still fought her cancellation tooth and nail. “On March 3, 2022, Defendant HGV sent Ms. Domingo a collection notice seeking to collect a “significantly past due [balance] in the amount of $454.39.” In the collection notice, Defendant HGV warned Ms. Domingo that “[it] may report information about your account to credit bureaus[, and] [l]ate payments, missed payments or other defaults may be reflected in your credit report.” Hilton Grand Vacations’ actions “have caused Ms. Domingo’s credit score to decrease by more than 200 points…”and “Ms. Domingo has had multiple credit accounts involuntarily closed due to the negative credit information submitted by Defendant HGV to one or more of the credit reporting agencies.” Elizabeth did everything by the book (and the contract!!), and Hilton Grand Vacations still came after her! Makes your blood boil, doesn’t it? Seems like Mark Wang, the CEO of Hilton Grand Vacations, which also purchased Diamond Resorts in 2021, needs a refresher course on how to read a contract. Let’s email Mark at mark.wang@hgv.com to educate him. Let’s see if Jason Gamel agrees with us. 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 And if your timeshare company did something similar, share your story with us at info@timesharefacts.com. PS: Follow us on social media. Twitter Facebook Instagram |
