Beware - Another Scam?

Was just contacted by a Beatrice Farmer regarding her interest in making an offer on my timeshare at San Luis Bay Inn:

<Thanks for the details. Having reviewed all the information provided, I have made my offer as clearly as possible below.

1- I will be willing to pay $3,000 for your timeshare, closing will commence within the next few days.

2- I am hearing impaired in both ears and as a result, I will doing all closing formalities through my broker. I will be responsible for the closing cost and title transfer fees along with my broker fees.

3- Closing will be done through First American title transfer ( www.firstam.com/title) and funds will be held in Escrow during closing.

Let me know if this works and I will inform you on the next step.

Sincerely, Beatrice Farmer>

I figured this was a scam and gave her a higher figure for my timeshare, and the above is how she replied. When I contacted someone at First American Title, I was told this was a scam that had surfaced about a year ago, and now seems to making a comeback. I've since asked if there's anywhere I can report this. I also asked "Beatrice" for information about her broker to see what other response I get, and made it clear that I'm not paying anything in advance.

Unfortunately I fell for a sale scam last year, though I at least have the satisfaction of knowing that the perpetrators were caught. Still, it's discouraging, since we almost lost our home to foreclosure and can no longer afford maintenance fees on the timeshare.

I've seen this scam a few times before - it takes advantage of people trying to sale their timeshare by responding to their online ads. It sounds like a fake check scam (https://www.onguardonline.gov/articles/0002d-fake-check-scams).

This is how the scam works

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- The Buyer gets the Seller (Victim) to agree verbally or in writing

- Claims to really trust them

- Sends a check to the Victim (which is more than the price offered for the timeshare to the Victim)

- Says they for some reason can't pay their broker (or someone else), but wants the Victim to get the money as soon as possible

- Convinces the Victim to pay someone via wire or other unretrievable method

- Then as the FTC says, "The check is no good, even though it appears to be a legitimate cashier’s check. ...[if you] wire the money, your bank would soon learn that the check was a fake. And you’re out the money because the money you wired can’t be retrieved, and you’re responsible for the checks you deposit — even though you don’t know they’re fake." See http://www.consumer.ftc.gov/articles/0159-fake-checks

Jim Robertson, esq.

Thanks Jim - I thought as much. Any authorities I can report this to, as I'm playing along trying to get as much info as possible.

Are there any legitimates ways for me to sell my timeshare? I barely avoided foreclosure on my home and I've fallen behind on maintenance payments, which have now gone to collections. I'm tired of people trying to rip me off, but I just can't keep up with the payments and really need some help.

First of all, kudos to you for sniffing out this scam. This scam has stung many people before with use of names like Albert Boulay and Samuel Kaplan.

Now for your timeshare. Your problem right now is being behind on maintenance fee payments. Nobody is going to want to take a timeshare from someone else with a mortgage or maintenance fees owing on it. Your best bet in this regard is to contact the resort's HOA and explain your situation and that it would be in the resort's best interests to take the unit back right now, as is, or face costly foreclosure proceedings.

What I do not recommend is contacting these law firms or other companies that claim to get you out of your timeshare because they will charge you a hefty fee and might not even accomplish what you paid them to do.

You're welcome.

You can report it to agencies in your state government. In Florida the best place is http://www.freshfromflorida.com/Divisions-Offices/Consumer-Services/Consumer-Resources/Consumer-Protection/File-a-Complaint (The Division of Consumer Services). However, most of these guys are using throw away cell phones and other temporary contact info. The best information is the wire instructions (bank name/ABA number/account number). Even if they can't find the people, the division can often shut down that account. Also the agency won't tell you what happened and even if you follow this issue, like we do, it's hard to tell if a report you made was successful when they issue press releases about arrests because all the names are fake, but the arrests give their real name.

As to our services, I don't want to advertise so I'll just say: we don't charge a hefty fee; you talk/meet with a licensed attorney (not a paralegal or other person) during the paid initial consultation; and subsequent fees are contingent on success. So you don't have to worry about paying us for something we might not accomplish.

However, I agree, contact your HOA and see what they say. Some consumers have us help them draft their communications to the HOA so that's also an option (discussions like that regarding your legal position and the best options for you are part of an initial paid consultation).

Jim Robertson

Jim - I tried several times to negotiate with the timeshare company but they could care less about my situation. They don't take back units and aren't open to discussion.

Is there a site where I can review your services? It may have to come to this as I really don't know what else to do. They sent my account to collections who told me a sale isn't an issue as long as I clear any outstanding balances; it's finding a legitimate way to get rid of the timeshare that's the problem. Even they warned me about scams and not to pay anything upfront.

NEVER pay anyone money upfront to sell your timeshare. Contact a licensed realtor that handles timeshares. I posted a hypothetical way to get rid of a timeshare that is extreme but legal. You just need to find someone with " nothing to lose " and transfer it to him or her through a quit claim deed. That person may be terminal and have a last wish to travel to your timeshare for a week. To sweeten the pot pay the next years maintenance fee for them and maybe a few dollars for expenses. Charity is a wonderful thing.

I know it's and extreme measure but the developers that flaunt their riches in front of you on television and other media have no conscience so it's up to the individual. You could also walk away from it if you're not worried about your credit rating taking a hit.

The timeshare industry spends millions of dollars pushing their products on unsuspecting individuals who are on a vacation and in a euphoric state to get you to sign on the dotted line. They know that by the time you return home from vacation the rescission period is usually expired. They spend even more money lobbying for laws that favor them and screw the owners. I have no love for the industry right now. They need to clean up their act and work on an exit strategy. Good luck.