The Lawsuit revolves around a claim that a customer of Diamond Resorts International was mis-sold diamond jewelry after she went on an “informal” trip there. The plaintiff charged that Diamond Resorts International, a known defendant, used many deceptive sales tactics and made several false representations and oral statements during its sales presentation aimed to drive potential customers into contracting with its business. She further charged that Diamond Resort’s agent/s did not properly train her regarding the terms of its contract and that she suffered emotionally as a result.
The Lawsuit further alleged that the agents mis-sold the jewelry by omitting several clauses in the agreement. The plaintiff further claimed that during the second visit to the Diamond Resort, the same agent offered to refund her money if she would change her mind about purchasing jewelry and would no longer require a trip to Florida in order to get her “perfect” diamond. This contract, the Lawsuit contends, is void because it constitutes an improper attempt to influence the plaintiffs with ill intention and is therefore, a violation of the Fair Debt Collection Practices Act and the Fair and Accurate Transaction Act among other statutes.
Lawsuits Against Diamond Resorts International
The plaintiffs further claimed that during the third visit to the Diamond Resort, this same agent attempted to sell her a timeshare without verifying the buyer’s identification. Despite repeatedly asking for verification, the agent repeatedly refused to provide it citing that the buyer was not a United States citizen and was not a legal resident of the state.
Finally, at the fourth visit, the same agent provided plaintiff with a final contract that purported to transfer plaintiff’s timeshare but was presented to be in written form only. Although plaintiff had previously expressed her desire to purchase a timeshare in Florida, the contract presented to her on that last visit was not what she had originally consented to on the first visit. Consequently, the Lawsuit charges that this conduct constitutes a breach of contract and entitles her to monetary damages for her wrongful purchase of a timeshare in Florida.
Several of the accused representatives have been involved in similar instances in the past.
In one case, an individual purchased a timeshare from S.C. properties representative and was presented with an ownership agreement upon signing. Despite the representations that the S.C. properties offered were directly owned by their principals, the same agents attempted to register the timeshare as belonging to their principal. Subsequently, the State filed suit against the S.C. properties owner, challenging the legality of his actions.
There are two class action lawsuits currently pending in Florida that address issues similar to the one in the Diamond Resorts International Case.
Plaintiffs in both cases assert that Diamond Resorts International knowingly sold timeshares to unsuspecting senior citizens without taking reasonable steps to verify the identity of the purchaser. As a result, the complaints are being handled by the same attorneys who handled the defective transactions case brought against the resort. This case highlights the necessity for consumers to thoroughly research any purchase of a timeshare before purchasing.
The second case involves a Florida vacation property owner who was selling a timeshare to an undercover agent.
Once the agent purchased the timeshare, the owner instructed the undercover agent not to inform the courts or anyone else about the sale. Despite this instruction, the undercover agent did inform the law firm representing the defendant entities that he had sold the timeshare to the defendant. On the information which they received from the defendant entities themselves, the law firm pursued the case. Ultimately, the defendant lost their first lawsuit against the plaintiff, but was able to retain their second lawsuit.
In both cases, the plaintiffs’ primary problem was the fact that they were never provided with a contract, written agreement, or any details regarding how, when, and under what circumstances they could sell their timeshares.
The proposed class action lawsuit provides an ideal opportunity for plaintiffs to receive such information. In addition to providing these details, the proposed class action lawsuit should provide a viable method for plaintiffs to recoup damages. Whether or not such a method is appropriate in each case is a question only the courts can answer.
In the above example, however, the proposed class action lawsuit provides a simple way to obtain all of the information necessary to properly pursue a timeshare point of purchase lawsuit against Diamond Resorts International and its partner companies.