Mr. David Siegel of Westgate Resorts is now pleading with the Supreme Court to review a recent court ruling which spanked Westgate with a $500,000 judgment. The ½ million judgment was commented on by the judge saying “I call it intentional and fraudulent conduct.”
TCA Reader may recall that the real estate magnate David Siegel started a quest with the sluice of cash. That quest filled a desire to live in the biggest house in the USA to fulfil the dream he would have to build a massive 90,000-square-foot home. Of course it would have to be splendid so he modelled on the Palace of Versailles. The indulgence was astounding and was the subject of a TV documentary. Called “The Queen of Versailles”.
In the legal case which awarded the large cash judgment Nathan and Patricia Overton alleged that Westgate salespeople of using “high-pressure tactics” and making promises that turned out to be untrue during an eight-hour sales pitch.
Shuddering European timeshare consumers can connect with this story, as it is not unique in the world of timeshare. In truth the virus of mis-selling is now worldwide and appears to have infected every industry from car to medicines and electricity to caring. No matter how many promises the government make to improve society, thieving is rife everywhere. Some say that if a business steals is called economic growth however if a consumer pilfers its call criminal.
The Overtons bought a timeshare in Gatlinburg, Tenn., in 2011 for just shy of $40,000. As part of the deal they were promised that they would be able to use additional nights at other Westgate resorts for only $59 more per night.
At the time the Orlando Sentinel reported when they tried to book those nights, they were told they didn’t qualify, according to court testimony.
Because of the habitual problems in consumers to business transactions it is getting to the point that no one trust anyone, this lack of trust migrates into the courts and therefore consumers are reluctant to pursue dodge companies.
Courts are very different and European judges everywhere “have a want” to hear these kind of cases. If they do they will hand down penalties and punishments against those who offend and if this occurs a lot, the offenders will have little choice but to change.
The Overtons’ complaint is similar to Consumer Affairs reviews posted by other Westgate owners.
“We have been owners at Westgate Smoky Mountain Resort in Gatlinburg since 2004. This past visit was one of the worst, but we have rarely had a good experience with getting reservations when and where we wanted them,” said Anita of Brandon, Miss. “There are always a set of changing rules about what can be booked, splitting weeks, banking days. … Westgate staff has misrepresented over and over and over.”
Westgate lost the case at trial and was also turned down at the state appellate level despite its argument that the treatment the Overtons received was “an isolated foul-up,” as company attorney Michael Marder put it.
The Overtons also explained they were given a copy of Westgate’s Public Offering Statement on a CD but that it was an old statement from 2006 and did not have amendments made after that time.
Since the court ruling in April, lawyers in Tennessee have been reported to be looking for additional clients and observers quoted by the Sentinal speculated Westgate was seeking the Supreme Court review because it feared additional lawsuits.
Florida is home to much of the USA timeshare industry, They, adopted new laws this summer that tighten regulations in timeshare sales. In Europe we have done the same however new schemes rise from the ashes of the old, the complaints keep raising and the regulators cannot keep up. In respect to rouge the resorts “the money keeps rolling in”
What is the result if unabated,,,, A sham after scam after sham.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk