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Manhattan Club Lawsuit
We purchased a flex time share, 9-26-2005.
We did not receive what we were told we would get, which was a 2 bedroom-2 bath unit. The first time we used the unit we explained, this was not what we were told. They said this is all that is available, too bad.
The second time, we went the place looked like it had been used and abused for many more years than it's age.
After that we were not able to get in.
We stopped paying and were supposed to get give a deed in lieu. then learned, we would still need to pay.
We stopped and now our credit is pretty much damaged. Anyway I can get Help? I would love to reverse sell and have all information taken my credit report. chyrl47@gmail.com
johna916 wrote:I just successfully sold my timeshare back to The Manhattan Club with the use of a very effective attorney. The process only took two months. If anyone would like the name of this attorney, please contact me at the following e-mail address: jockwood@hotmail.com
Chyrl K.
As the owner of a public relations firm, my suggestion would be to contact real estate/business reporters at New York newspapers. They would have an interest in this unique story. There is also a political angle. I received a letter from the attorney general's office also, in response to a long complaint I wrote. Their response? 1. We are not taking legal action against The Manhattan Club. 2. We have met with representatives of The Manhattan Club and they have agreed to be "more transparent" in their dealings with owners.
And I bet The Manhattan Club paid for lunch when they met with the attorney general's office representatives.
The attorney general's office is useless.
The media is powerful.
John
John A.
you're absolutely right about the POWER OF THE MEDIA...............WHICH WE NEED TO TAPE INTO DESPERATELY BECAUSE NO LEGAL REMEDIES SEEM TO BE AVAILABLE TO US.
johna916 wrote:As the owner of a public relations firm, my suggestion would be to contact real estate/business reporters at New York newspapers. They would have an interest in this unique story. There is also a political angle. I received a letter from the attorney general's office also, in response to a long complaint I wrote. Their response? 1. We are not taking legal action against The Manhattan Club. 2. We have met with representatives of The Manhattan Club and they have agreed to be "more transparent" in their dealings with owners.And I bet The Manhattan Club paid for lunch when they met with the attorney general's office representatives.
The attorney general's office is useless.
The media is powerful.
John
Chris V.
jacks......... my recommendation: don't waste time with another useless lawsuit. the first one failed. a second one, with, i assume, using the same attorney is, not only useless but totally ridiculous and ludicrous.
what we need is media coverage of the mc frauds. get on that kind of bandwagon. contact any and all nyc area news media and let them know what's going on at that sham operation.
jacks333 wrote:I would also like to be part of the suit. How do I do this? I was an early owner and have similar complaints - increasing maintenance fees and little ability to use the 2 weeks we have.
Chris V.
I too bought a time share for 30K, I too frustrated with not getting a room every time I asked. I got behind on my yearly payment but have since caught up with all years behind. I was frustrated and always complained saying how many time shares have been sold you oversold and have no rooms for us that pay our yearly fee. I truly don't understand nor accept the way in which this was done. I cant believe this when looking for a hotel for next week here comes up manhattan club with rooms??? what!!!
alexc100 wrote:http://www.crainsnewyork.com/article/20110713/REAL_ESTATE/110719963Ritzy NYC time-share developer sued for fraud
Buyers of shares in The Manhattan Club allege developer Ian Bruce Eichner is letting anybody but them into his West 56th Street hot spot; say they paid up to $53,000 for little.
A lawsuit has been filed against developer Ian Bruce Eichner and other owners and operators of The Manhattan Club, the city's first time-share condominium resort late last month. The suit accuses Mr. Eichner and other entities of fraud and “breach of implied covenant of good faith and fair dealing,” according to court documents. Five time-share owners in The Manhattan Club, located in The Park Central Hotel at 200 W. 56th St., are alleging that “through a coordinated and uniform marketing strategy, defendants fraudulently create and maintain the impression that access to and beneficial use of timeshare units in The Manhattan Club is completely or almost completely limited to timeshare ownership interests,” the court filing dated June 28 said. “The sponsors and other entities are being sued for committing fraud,” said Steven Blau of the law firm of Blau Brown & Leonard, which represents the plaintiffs. “Timeshare owners paid valuable money and they are not being permitted to use the apartment, even if they are requesting the unit nine months to a year early.” Mr. Eichner declined to comment. The suit suggests that there's an easy explanation for that. The defendants “intentionally and fraudulently engage in the continuous and unconscionable practice of overselling the occupancy capacity of the 286 time-share units by renting them throughout the year to the general public through Expedia, Hotel.com and other Internet-based travel websites,” according to the lawsuit. “As a result, a significant percentage of holders of flexible timeshare ownership interests are precluded from reserving the use and occupancy of their time-share units…and are routinely told by defendants that ‘availability is on a first-come first serve basis' and ‘there are no available [units].'” The Manhattan Club's management company, which is also run by the developer, earns 20% of gross revenues from the general public which rents the units, according to Mr. Blau. Meanwhile, he insists that “the owners get nothing and have to pay real estate taxes, time-share charges and for the mortgage on their time-share interest.” Purchasers of the time-shares spent roughly $10,000 to $53,000 depending on the type and size of unit. The sponsor also offered buyers up to 90% financing, with terms of up to 15 years with varying interest rates of up to an 18% fixed-rate, the filing said. Therefore, the defendants are also making money from the plaintiffs via mortgage payments. “It's in the best interest of the sponsor, who runs the management company, to rent it to strangers because when owners use of the apartment they make nothing,” Mr. Blau said. The Manhattan Club is located in a mixed-use property that is also home to The Park Central Hotel. Mr. Eichner converted some of the hotel into time-share condos in 1996. The plaintiffs are seeking to recoup unspecified monetary damages.
Eileen L.
I want to be part of this lawsuit or sell back my unit to them. I called today and found that no rooms til jan 2014 if that maybe feb 2014. how many units did they sell vs weeks. this is a crazy situation and I have stayed here maybe 3 times in the last 8 years...help....
Eileen L.
The attorney general's office was useless. I suggest someone read the contract all owners signed upon buying these timeshares. Buried in the contract might be some language that covers them on availability of the timeshare. There has to be a reason the first judge refused to hear the case, and that might be it. I sold my timeshare back, but am still willing to offer advice as I learned a lot talking this through with my lawyer.
John A.
mkw, don't waste your time and/or $ on this useless lawsuit. from what i understand, owners are using the same attorney who, last may, ended with the suit being dismissed by the court; why start with a losing slate?! we need new and creative tactics to combat the mc's fraud. keep flooding the nysag's office with complaints, and write directly to the AG, not one of his ineffective underlings. also, media coverage of the MC SHAM would be an effective tool. perhaps you were not aware that the mc principal, bruce ian eichner, was accused of real estate fraud in 2011.....see crain's ny business.....article by amanda fung dated june, 2011, and a follow up dated june, 2012.
marylouk6 wrote:I would like to be added to the class action lawsuit. I have suffered through the same problems as everyone else on this forum. mwk93@aol.com Thank you.
Chris V.
I own 2 "Gold" weeks. These are full weeks, but I can only book two weekends. There are no other booking restrictions except I cannot book over January 1.
I bought them in 2003. I paid a little less than $50,000 for these two weeks. I have only been able to use the weeks a few times, back in 2003 and 2004 and I think in 2005. Ever since then I have not been able to book any time that meets my schedule.
For a few years, I was able to book my weeks in advance. I did this by paying my fees early, and booking my weeks for Thanksgiving week. I thought it would be an easy week to sell on Ebay, but in several years I only sold one week. It was so much trouble to do this, and with such a poor result (selling only one week in several years) that I gave up on this.
My fees, for two Gold weeks, are $4,779.96 for 6/28/13 to 6/28/14. I have always paid this months in advance, as this part of the scam (and this whole deal is one huge scam) allowed me to begin booking past my current year, which starts every June 28.
After several years of this, for the first time, I have not paid the fees. It is hard to pay this every year when I get nothing in return,
Now they say they are about to send me to a collection agency.
They must be having one big problem collecting their fees. Who wants to pay money for nothing? But I do not want the hassle, nor do I want a bad mark against my credit score, which is about as high as is possible.
So, now, I am going to deed my weeks back to these thieves. On top of that, I have to pay the $4779.96 fees, which cover the period of 6/28/13 to 6/27/14, almost a year in advance, to get them to do this deal.
But I do not want to continue paying these fees, year after year, for absolutely nothing. And, when I die, I would imagine that my estate will have to continue paying these fees. It will never end.
In conclusion, after reading many of the comments on this blog, any resolution to this, through a law suit, attorney general, etc., is far fetched, and a long way off. I think it is better for me to just eat my original investment, the current fees, and be rid of this, and that is what I am going to do right now.
Eric J.
SORRY FELLOW MANHATTAN CLUB OWNERS:
THIS FORUM IS SO STALE THAT IT REEKS.................AND IT'S USELESS. IT, PERHAPS FORTUNATELY FOR SOME, IS CATHARTIC, BUT THAT'S AS FAR AS IT GOES. I'VE BEEN A FORUM MEMBER FOR SOME TIME AND NOTHING THAT WE'RE ALL CLAMORING FOR IS ANYWHERE WITHIN REACH, E.G., MAINTENANCE FEES ARE STILL ON THE RISE; RESERVATIONS ARE AS HARD TO GET AS HENS' TEETH...YOU GET THE POINT......NOTHING HAS CHANGED SINCE THIS FORUM'S INCEPTION OR, FOR THAT MATTER, THE FORUM OR BLOG ON YAHOO....THE MC CLUB OWNER'S ASSN...AND THE REASON...........FELLOW OWNERS????? WE'RE ALL TALK AND NO, NADA, 0000, NON, NEIN...............ACTION. ZERO, ZIP, ZIPPO ACTION. JUST WHAT THE SHAM FRAUDS WANT.............. 'NUF SAID. COMMENTS ARE MORE THAN WELCOME!
Chris V.
That's why I am doing a deed-back right now, and after reading all the tales of woe posted here, I feel that I am lucky that I have been able to do this.
chrisv126 wrote:SORRY FELLOW MANHATTAN CLUB OWNERS:THIS FORUM IS SO STALE THAT IT REEKS.................AND IT'S USELESS. IT, PERHAPS FORTUNATELY FOR SOME, IS CATHARTIC, BUT THAT'S AS FAR AS IT GOES. I'VE BEEN A FORUM MEMBER FOR SOME TIME AND NOTHING THAT WE'RE ALL CLAMORING FOR IS ANYWHERE WITHIN REACH, E.G., MAINTENANCE FEES ARE STILL ON THE RISE; RESERVATIONS ARE AS HARD TO GET AS HENS' TEETH...YOU GET THE POINT......NOTHING HAS CHANGED SINCE THIS FORUM'S INCEPTION OR, FOR THAT MATTER, THE FORUM OR BLOG ON YAHOO....THE MC CLUB OWNER'S ASSN...AND THE REASON...........FELLOW OWNERS????? WE'RE ALL TALK AND NO, NADA, 0000, NON, NEIN...............ACTION. ZERO, ZIP, ZIPPO ACTION. JUST WHAT THE SHAM FRAUDS WANT.............. 'NUF SAID. COMMENTS ARE MORE THAN WELCOME!
Eric J.
MARYLOU, PLEASE READ MY LAST COMMENT.
CHRIS
chrisv126 wrote:mkw, don't waste your time and/or $ on this useless lawsuit. from what i understand, owners are using the same attorney who, last may, ended with the suit being dismissed by the court; why start with a losing slate?! we need new and creative tactics to combat the mc's fraud. keep flooding the nysag's office with complaints, and write directly to the AG, not one of his ineffective underlings. also, media coverage of the MC SHAM would be an effective tool. perhaps you were not aware that the mc principal, bruce ian eichner, was accused of real estate fraud in 2011.....see crain's ny business.....article by amanda fung dated june, 2011, and a follow up dated june, 2012.marylouk6 wrote:I would like to be added to the class action lawsuit. I have suffered through the same problems as everyone else on this forum. mwk93@aol.com Thank you.
Chris V.
ChrisV,
I wonder what happened with this case with Eichner you talk about in the previous post? Did he get away again from courts? If you research his background Google him. You will see that he worked as a prosecutor for the City of NY before becoming a real estate developer. I'm certain that this stint in the DA's office has helped him with his corrupt real estate scamming of hundreds, maybe, thousands of people. There could be no other explanation! This has been happening for far too long and to too many people. Who is protecting him from prosecution? Is it Bloomberg? or some other connection higher up? Where there is smoke, there is fire! Of this I am certain. He will be exposed if we all write AG office and keep on them they will have no choice but to address. Call media, contact media, Amanda Fung? Has she done any other articles on MC owners in Crains?
Vanessa S.
vanessa, amanda fung, in crain's ny business newspaper, did two articles on bruce ian eichner: june or july 2011 & 2012. the one in 2012 was, primarily, at my urging. the one in 2011 uncovered his being accused of real estate fraud in florida and nevada. needless to say, he's still very much in (very successful) operation, cheating the hell out of the manhattan club owners. he's must have a staff of the best attorneys imaginable. and, according to your research, he has a great grasp of the law. we tried the nys attorney general.........nada, no, nein, zip, zippo, 0000, sin, sans, sens, without..............satisfaction. LET'S STOP GETTING CATHARSIS FROM THESE FORUMS AND DO SOMETHING CREATIVE THAT WILL BRING EICHNER, ET AL, TO THEIR FEET....REASONABLE MAINTENANCE FEES AND EASIER METHODS OF MAKING RESERVATIONS. vanessa, and all other owners...................ANY IDEAS????????????????????????
vanessa175 wrote:ChrisV,I wonder what happened with this case with Eichner you talk about in the previous post? Did he get away again from courts? If you research his background Google him. You will see that he worked as a prosecutor for the City of NY before becoming a real estate developer. I'm certain that this stint in the DA's office has helped him with his corrupt real estate scamming of hundreds, maybe, thousands of people. There could be no other explanation! This has been happening for far too long and to too many people. Who is protecting him from prosecution? Is it Bloomberg? or some other connection higher up? Where there is smoke, there is fire! Of this I am certain. He will be exposed if we all write AG office and keep on them they will have no choice but to address. Call media, contact media, Amanda Fung? Has she done any other articles on MC owners in Crains?
Chris V.