Branson Travel Clubs and Time Shares
I can't tell you how many times have received calls from people who have purchased travel club memberships or timeshare interests in the Branson Tri Lakes Area area. Currently there is pending legislation to close a loophole that many fall for. Under the cu rent law, if a purchaser uses or even takes a benefit (free show tickets, coupons etc) they waive their right to rescind the contract.
407.1249. Assuming a purchaser has not otherwise accessed any travel benefits and returns to the travel club all materials of value delivered to the purchaser at closing, all purchasers of travel club memberships from a travel club that is registered shall have the nonwaivable right for a period of three business days after the date of their purchase to rescind and cancel their travel club purchase and receive a full refund of all sums otherwise paid to the travel club within fifteen business days of such rescission, minus the actual and reasonable cost of processing the refund, including credit card fees if applicable. Individuals who purchase travel club memberships from a travel club that is not registered under sections 407.1240 to 407.1252 shall have a nonwaivable right for a period of three years from the date of purchase to rescind and cancel their travel club membership and shall receive a full refund within fifteen business days of such rescission.
The Springfield News-Leader reports that currently this legislation is before the Missouri Assembly to change this. But please note, it is not law yet, so for now, don't take any tickets or coupons until you are sure you want to keep the membership.
Additionally no travel club may offer vacation benefits for sale unless the travel club maintains an effective registration statement with the Missouri Attorney General pursuant to Section 407.1243 RSMo. Check them out with the Missouri Attorney Generals office before you sign anything.
Timeshares are a whole other subject, and we receive many complaints about these as well.
Timeshares are covered by the Missouri Merchandising Practices Act
Use of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or concealment of fact by a person in connection with the sale of timeshares is subject to civil and criminal penalties that may be brought by the Attorney General. The AG's office advises:
Major provisions of a state law protecting buyers are:
A five-day right of rescission. If a consumer signs a contract to buy a timeshare and then changes his mind, he has five days to cancel. The cancellation must be in writing, and cancellation is effective when the letter is postmarked. According to state law, the seller must give the buyer an 18-point, boldface printed notice of the right to cancel at the time of purchase.
Follow through on promotional offers. The name of the business entity and all timeshare operations involved in the promotion must be included in promotional literature. This material also must contain the deadline by which all prizes are to be awarded, the odds of winning each prize and the manufacturer's suggested retail price for each prize.
Delivery of promised gifts. When the seller uses free offers or other promotions when soliciting, the seller must deliver any promised gifts or an acceptable substitute gift or cash in an amount equal to the retail value of the gift offered within 10 days of when promised. The seller also must make available to the public a list of names and addresses of all winners. If the seller fails to provide the buyer with a promised gift, the buyer can sue.
Explanation of timeshare exchange plans. Exchange plans usually involve trading a vacation at one timeshare facility for a vacation in another location. Limitations, restrictions or priorities regarding exchange programs must be outlined for the buyer. For example, the timeshare operator must tell a buyer if a Lake of the Ozarks vacation can be exchanged for an Alaska vacation only during December.
Don't fall victim to high pressure sales pitches. Run don't walk away. As always any deal that seems to good to be true is.
If you have been a victim of a timeshare or travel club scam or if you are injured in a slip and fall or other premises liability action on a Branson timeshare or Lake of the Ozarks timeshare contact a timeshare or premises liability attorney or slip and fall lawyer immediately.
