Missed The Broadcast? Listen Here

Delighted to have had the opportunity to discuss timeshare issues and answer listener questions on KIRO-AM a few weeks ago.

In case you missed the broadcast, here's the link:

http://kiroradio.com/listen/9993915/

Guest Blog Post From Michael Finn

As anyone who has read this blog knows, the ongoing issues with Festiva Orlando (formerly Celebration World Resort) and RCI and the ensuing Class Action lawsuit have been going on for several years.

Understandably, frustration has set in among many owners of the resort that are or may be affected.

Sadly, this frustration has taken a nasty turn...I've been accused of being a shill for Festiva...NOT TRUE.  The Finn Law Group has been accused of not being a real law firm...NOT TRUE.  And so on.

What follows is an unedited response from Michael Finn of the Finn Law Group:

Of course it's disheartening to hear that Finn Law Group is being characterized as being part of the problem and maybe even being controlled by the Defendants. It's further a frustration that I cannot divulge the status of the settlement negotiations because of the imposition of confidentiality that governs all settlements activities, this one being no exception. There are some statements I can make that shouldn't impact the settlement discussions, and I do feel compelled to defend my firm's efforts to obtain some recompense for the injured owners.

 

First, know that I believe the settlement negotiations have been mostly successful and we well should have a proposed resolution prior to the court ordered mediation date of Dec 16th, 2015. We have the framework of a potential resolution already in place, and, as they say, the devil has been in the details.

 

More importantly perhaps, at least to me, is addressing the insinuation that I've somehow, after 45 unblemished years of law practice, fallen in with the very industry I've been battling over the past 5 years. Believe me folks, no one on the timeshare developer/operator side of the equation is inclined to even speak to me, and selling out my clients after all these years is not even possible. They can't print that much money.

 

Please do recall that Celebration World, a defunct company did not sell or transfer the subject resort to Festiva. Festiva purchased the assets from a third party who obtained the Celebration assets after Celebration defaulted on their secured debt to this third party. Neither Festiva nor RCI, the prominent defendants in our litigation, were directly involved in either the default nor the repossession of Celebration Word assets. Many of you received notice from the State of Florida's DBPR (Department of Professional Regulation) that they had investigated the complaints of Celebration World owners, and in their opinion, nothing inappropriate occurred and further that they planned to take no action against any of the players, including our named Defendants. 

 

Finn Law Group saw things differently and with the involvement and direction of the class representatives, brought suit on their behalf. Class action litigation is costly and time consuming with no guarantees of a win. We've invested a lot of time and money in this, and owe a duty of loyalty to our clients, the class representatives. We have yet to receive a penny on this matter and are therefore perhaps the most unhappy participants in this oft delayed ordeal.

 

I can deal with all of the above, but what is a bitter pill for me to swallow after taking the risks I've taken, is being accused of being the reason for the delays in the proceedings, when exactly the opposite is accurate. I know you folks are looking for the source of delay to blame but to castigate the only law firm who's tried on their own dime to make some of this right, is simply inaccurate, and a tad hurtful!

 

I can't offer more than this at this time but I do hope the coming holiday season will be good to all of us similarly situated participants in this sad clean up of what should have been far better handled by the regulatory agencies who sat back and did nothing. Perhaps if you're looking for someone to be upset with, that might be a better place to start.

 

Mike Finn

Thinking About A Vacation Club? READ THIS

Day in and day out I receive e-mails from consumers who either are thinking that a vacation club is a great alternative to a timeshare, or have spent thousands of dollars on a vacation club and now that they are faced with the truth, want my help in getting their money back.

Sorry no can do.

Before you even think of spending a dime on a vacation club, READ THIS taken directly from our friends at Inside The Gate:

Global Vacation Ventures has entered into an agreement with the Florida Attorney General’s Office following accusations of fraud. An Assurance of Voluntary Compliance for Global Connections Inc. also known as Global Discovery Vacations, Premium Destinations, LLC, GVV, Florida Inc. doing business Global Vacation Network and Global Vacation Ventures was filed earlier this month.

Through 2013 the AG’s office received at least 51 complaints, most of them from people over 55, citing high pressure sales tactics and bait-and-switch, among other things. For instance, one couple booked a cruise through Global, but found their promised ocean view room turned out to be a view of a lifeboat. Others reported they could not reach the company within the three days required when they tried to cancel their membership.

Global Vacations is a distributorship/sales agent for Kansas-based Global Connections, Inc., the company that fulfills the travel club members’ vacation requests. Global has agreed to pay $5,000 towards attorneys’ and investigative fees and agreed to comply with a number of requirements, such as not using the word “free” in offering incentives to consumers to attend its sales presentations.

And of course Global denies it engaged in any wrongful or unlawful conduct and contends that its business practices were and are consistent with industry best practices and that fair and adequate disclosures were and are made to consumers. But just to resolve the complaints, the company agreed to the following requirements, among others:

• It cannot distribute any advertisements or offerings to the public using the following words: free, awarded, prize, absolutely without charge, free of charge, and words or groups of words of similar intent which reasonably lead consumers to believe they may receive something of value without payment, unless the item or a portion of it is free.

• It cannot make any statements to the public which offer items as free with conditions such as having to travel to a pickup location unless that is clearly and conspicuously disclosed.

• It must make an effort to ensure that at least 90 percent of all consumers who are offered and accept a marketing incentive for attending a sales presentation utilize it within one year. For example if 100 consumers are offered a free cruise, attend a presentation and seek to attend the free cruise within one year, at least 90 of those consumers must be able to book the cruise within a year.

• It must not make any misrepresentations to consumers with respect to the identity of the company selling the vacation club and travel services products, the identity of the company which is the actual fulfillment center for the products, which company’s Better Business Bureau ratings are being displayed or provided, the number of consumers served or a particular period of time and the length of time Global has been in the business of selling the product.

• It must provide consumers attending sales presentations with access to view a date-specific list of destination -based properties currently available for reservations through the travel club program during the succeeding 12 months via a web page or print-out hard copy of the webpage.

• It must not make false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions as it relates to the sales of vacation club and travel services products.

• During sales presentations, it must accurately present the vacation club and travel services products and membership uses and benefits and fully describe the membership’s pricing and options.

Aw rats! A vacation/travel club distributor forced to sell a clean product in a clean manner? What’s next? Politicians forced to tell the truth?

PLEASE READ THIS, PRINT THIS, SHARE THIS....THE ONLY WAY THESE COMPANIES WILL STOP IS IF YOU STOP FALLING FOR THIS STUFF.

The Timeshare Crusader Returns To The Airwaves

I'm delighted to announce that I return to the radio airwaves, this Sunday, October 25th.  From 12:00 noon to 1:00 pm, I'll be talking timeshare with Tom Kelly on KIRO in Seattle.

You can listen live and call in as well.

Here's the link:

http://mynorthwest.com/800/2832406/Cold-season-coming-Timeshare-bargain-time--9-am-Sunday

Hope to hear from you!

News Related To Bluegreen

This story may be of interest to any current or future Bluegreen owners.  Or not, it's up to you to decide.

Thanks to our friends at Inside the Gate for this story which I am passing on unedited.


In a decision that has been anticipated for quite some time, U.S. District Judge Darrin Gayles has given Alan B. Levan 90 days to step down as chairman and CEO of both BBX Capital Corp. and BFC Financial Corp. following a civil fraud judgment. The decision follows a jury trial verdict of securities fraud and accounting fraud against Levan and BBX involving misleading statements made by Levan about the health of development loans at former BBX subsidiary BankAtlantic during an investor conference call in 2007. The judge also hit BBX with a $4.55 million penalty and Levan with a $1.3 million penalty. Once the judge confirmed the verdict, the SEC, which had asked for a permanent ban against Levan, instead won a two-year ban against him serving as an officer or director of a public company. Levan is appealing.

And why should we care? What does it have to do with us here in timeshare land? Because BFC and BBX Capital own 54% and 46% of Woodbridge Holdings, respectively, and Woodbridge owns 100% of Bluegreen Corp., aka Bluegreen Resorts/Bluegreen Vacations.

What You Need To Know When Buying A Timeshare-Part 4

Ah yes, apologies...between too many days in the mid 90s with 80% humidity and a full e-mail box every day from confused new timeshare owners who didn't do any homework prior to plopping down their credit card for $15,000 and just today $22,000...I've neglected this important thread.

So I've given you some information on terms /conditions, maintenance fees and assessments.

Today the multi-part question you need to ask is:

Is the resort under developer control or HOA control and if HOA control, who is on the board, can an individual owner be on the board and what has the board done lately?

If you are unsure about why these are important questions to ask, what an HOA is and what does it do and why it's important to ask before you buy...you may want to hang unto the credit card until you get those answers.

Ever Wanted To Travel To Portugal? You Will After This.

Today in the timeshare blog, we're delighted to reprint this wonderful review of 10 Great Portuguese Treasures directly from our friends at Worldwide Timeshare Hypermarket (http://www.timeshare-hypermarket.com/) a wonderful resale company based in the UK.  Give them a look!

TEN GREAT PORTUGUESE TREASURES!

You don’t have to fly half-way round the world to find some truely awe-inspiring beaches and costal curiosities that make for stunning holiday snaps. Perhaps the most beautiful coastline in Europe, the Algarve is awash with beauty spots that perhaps don’t always get the fame they deserve.

Here’s our ten favourite sights along this impressive coast along with links to some great 360 degree panoramas on Google Maps to whet your appetite. We’ve also included the exact coordinates for each listing to help you locate them whether you’re there on holiday or armchair exploring. But, don’t forget! Nothing beats seeing these sights for yourself!

Please Note: The panoramas work best on up-to-date desktop internet browsers

PRAIA DONA ANA

Click on the image above to see a 360 degree panorama on Google Maps of Praia Don Ana

The “Best Beach in Portugal” according to TripAdvisor’s Travellers Choice Awards (2015) the Praia Dona Ana in Lagos is definitely worth its title! This outstanding beach is popular with families, in particular local Portuguese families who flock here for its unique rocky formations and calm bathing waters. Backed by orange cliff-tops this beach is known as one of the more sheltered stretches in Lagos making it perfect to escape the winds on a blustery afternoon. Geo Coordinates: 37.091620, -8.669186

PRAIA DE BENAGIL & CAVE

Click on the image above for a full 360 panorama of the fantastic Benagil Cave

Awarded TripAdvisor’s Certificate of Excellence (2015) this stunning beach is located close by to the bustling harbour town of Carvoeiro and RCI Gold Crown Pestana Palm Gardens. Praia de Benagil’s typically golden sands are joined by an intriguing sea cave, only accessible by sea, which provides one of the most beautiful locations on this gorgeous coastline. Geo Coordiantes: 37.087428, -8.426299

PRAIA DO CAMILO

Google Maps is a great way to find your perfect beach in Portugal. Click on the image above to see more.

This idyllic secluded cove near Lagos in the West of the Algarve boasts a wonderful restaurant on its clifftop serving locally caught seafood dishes to complement its stunning sea views. This TripAdvisor Certificate of Excellence (2015) winning beach can be accessed via a wooden spiral staircase that guides visitors down onto the golden sands and crystal clear waters. Geo Coordinates: 37.087307, -8.668444

PRAIA DA ROCHA

Take a tour of Praia da Rocha by clicking on the image above!

Regarded as the main beach in Portimao the Praia da Rocha was voted in the Top 10 in Portugal from TripAdvisor’s Travellers Choice Awards (2015). Boasting plenty of space this vast beach is lined by the Avenue Tomás Cabreira, which is full of restaurants, bars and shops bringing the area to life. Standing proudly at the end of the avenue is the Fortress of Santa Catarina de Ribamar once helping to defend Portimao from pirates it now gifts holidaymakers with wonderful views of the beach and marina. Geo Coordintes: 37.118526, -8.532662

PRAIA DO BARRIL

Anchors on the beach at Praia do Barill. Click on the image above to see more great images and photo spheres on Google Maps

Translated as Barrel Beach this narrow strip of white sand also features in the Portugal’s Top 10 beaches from TripAdvisor and is a haven for those looking to soak up the sunshine. Enjoy the walk to the beach by crossing a narrow footbridge over the Ria Formosa about 4-5km from the town of Santa Luzia or catch the miniature train from Pedras d’El Rei resort to this Blue Flag beach. Nestled amongst the dunes at Praia do Barril you will also find a rather mysterious sight, The Cemitério das Âncoras (Anchor Graveyard, hundreds of rows of anchors commemorating the once thriving tuna fishing industry. Geo Coordinates: 37.085927, -7.661886

PRAIA DO SUBMARINO

Click the image above to see more landscapes and photo spheres of Praia do Submarino on Google Maps.

Located in Alvor in Western Algarve the Praia do Submarino offers a calm retreat from Portugal’s windswept Atlantic coastline. Protected by Ponta de Joao de Arens the crystal clear waters of this beach are ideal for families wishing to cool off from the warm embrace of the Portuguese sunshine. Geo Coordinates: 37.116522, -8.570489

PRAIA DA MARINHA

Praia da Marinha offers some great elevated views. See more on Google Maps by clikcing the image above.

Voted as the 3rd best beach in all of Portugal by TripAdvisor’s Travellers Choice Awards (2015) the Praia da Marinha, known as Navy Beach, is a real hit with families. A wide array of intriguing rock formations and caves are great to explore and the numerous rock pools are home to an interesting collection of marine life. Swim a little further out from the beach and you’ll discover a wealth of underwater interests hiding out in the clear waters below. Geo Coordinates: 37.089768, -8.412543

PRAIA DOS TRES IRMAOS

As great as the photo spheres and images of Praia dos Tres Irmaos are, they won’t spoil your enjoyment! Click on the image above to see more.

Praia dos Tres Irmaos, Three Brothers Beach, is another of the popular family beaches in Portimao and boasts a characteristic cave for the children to play within. The emerald waters lapping the shore are bursting with interesting marine life that must be explored, remember to bring your snorkel for this one! The RCI Gold Crown Pestana Alvor Park is located just a 10-minute drive away and offers a truly wonderful holiday experience for families in Portimao. Geo Coordinates: 37.117958, -8.577757

PRAIA DE ARRIFES

The image above links through to a photo sphere of Praia de Arrifes.

Referred to locally as the Praia dos Tres Penecos, beach of triple rocks, the golden sands provide a wonderful location to relax close by to the lively town of Albufeira and Pine Cliffs Resort. Another ideal snorkel spot, the rocky formations off the shoreline are home to some intriguing local wildlife. A lovely local restaurant is nestled on the rocks overlooking the beach offering the ideal spot to relax with a chilled drink and admire the inspiring views. Geo Coordinates: 37.076079, -8.276768

SUBAMARINE ROCK – ARMACAO DE PERA

Finally the Submarine Rock! You know what to do to see some more!

Hidden close by to the Armacao de Pera is this beautiful isolated beach which gifts you with moments of peace and tranquillity nearby to lively Albufeira. The centre-piece to this beach is a submarine shaped rock offering a truly unique photo opportunity to capture. Swim out around the corner and you’ll discover another inviting cave perfect to explore the secrets held within. Geo Coordinates: 37.092948, -8.394174