Branson Timeshare

According to an article published by the Springfield, Missouri News-Leader, Festiva timeshare resorts will pay $339,000 to the State of Missouri and to Festiva timeshare owners participating in the lawsuit, for using what was determined to be, “false and misleading sales tactics while selling timeshares at a Branson resort.” The action specifically refers to timeshare sales at the Cabins at Green Mountain near Branson, Missouri, which are owned and marketed by Festiva Resorts, an Ashville, North Carolina company.

Missouri Attorney General Jay Nixon’s office originally brought suit against Festiva timeshares in 2005. In the Attorney General’s news release, issued at that time, the lawsuit alleged that, “Festiva lured consumers by falsely promising to:

• Help them sell other timeshares they owned.
• Help them rent out timeshares they bought from Festiva.
• Help them get good deals on condo rentals in attractive locations.
• Help them get good deals on vacation packages.
• Give refunds to those dissatisfied with their purchase.

Nixon also says Festiva didn’t give consumers enough time to make decisions, creating a sense of urgency and a high-pressure sales environment.”

An unidentified number of consumers will receive a total of just over $324,000 collectively, and the state will receive $15,000 for civil penalties and costs. Of the settlement to consumers, $106,885 will go to customers who complained to the attorney general’s office before June 25, 2005, and use their timeshare at least once. The balance, $217,508, will be distributed to consumers who filed their complaints before June 25 and never used their timeshares.

If a Festiva resort timeshare owner, who is part of this lawsuit, used his timeshare at least one time, he is given the choice to: deed the timeshare unit back to Festiva and receive a partial refund; keep the timeshare and receive a small cash payment; or keep the timeshare and receive a free upgrade from the resort. If the timeshare owners who participated in this lawsuit have never used their timeshare, they have a choice to receive a portion of what they paid Festiva and then return their deed to the company.

Criticisms of Timeshare Sales Practices, but not of Vacations at Festiva Resorts

Remember that this lawsuit deals with timeshare owners who are unhappy with timeshare sales practices at Festiva Resorts, and their perception that promises made were never fulfilled. These timeshare owners are not unhappy with their vacation experience; there are thousands and thousands of very satisfied timeshare owners at Branson’s Cabins at Green Mountain timeshares.

This problem goes back to what we say time and time again at SellMyTimeshareNOW.com…timeshares can be great to own and enjoy and offer wonderful vacation opportunities…if you understand what you are buying and can make a thoughtful buying decision without the pressure of unethical or inappropriate sales tactics.

The Timeshare Owners Blog (March 12, 2008) first wrote about a timeshare scam involving Branson Log Homes, a company that does business as Executive Timbers Resort and Golf Course.

Currently Missouri Attorney General Jay Nixon is seeking restitution for timeshare buyers for alleged fraud, deception, and misrepresentation by Executive Timbers in the advertising and sales of timeshare memberships, timeshare real estate, timeshare vacation club plans, and timeshare resale brokerage services.

Following up on the charges, AG Nixon has stated, “A number of consumers spent thousands of dollars and attempted to trade in their existing timeshares as part of an agreement to purchase a new timeshare from Branson Log Homes.”

The lawsuit requests that the court order Executive Timbers to stop violating state consumer protection laws and to pay restitution (including civil penalties and all costs associated with the investigation and prosecution) to all consumers who suffered a loss due to the timeshare company’s unlawful conduct.

Unrelated Charges Against the Branson Timeshare Company

According to Branson Daily News, Branson Log Homes, has also been cited by the Missouri Department of Natural Resources for chronic failure to conduct required bacteriological testing on its drinking water system. In Missouri, the DNR requires that all public water systems be tested for bacteria at least once per month to verify that the system provides safe drinking water to the public. Failure to monitor drinking water does not mean the water is necessarily unsafe, however routine testing is a crucial part of maintaining a safe water supply.

Consumer Complaints Against the Branson Timeshare Company

For a list of the consumer complaints filed against the timeshare company, or to file a complaint of your own, against Branson Log Homes, visit the website for the Missouri Office of the Attorney General.

For a list of reliable Branson timeshare resales and Branson timeshare rentals, visit the website of timeshare advertising and marketing company, Sell My Timeshare NOW.

State of Missouri Attorney General Jay Nixon has filed a lawsuit in Taney County Circuit Court against Branson log Homes, a company which does business as Executive Timbers Resort and Golf Course. The lawsuit alleges that the southwest Missouri company used deceptive practices, fraud, and misrepresentation in the sale an advertisement of timeshare memberships, timeshare plans, and timeshare property.

Details of the Alleged Timeshare Fraud

According to the Attorney General’s Office, consumers who contacted them complained that the timeshare company:

• Failed to provide required notice to them of their right to cancel contracts.
• Failed to allow consumers to cancel their contracts within five days after they purchased a timeshare membership.
• Billed timeshare buyers for maintenance or upkeep fees on property they were trading in, after neglecting to inform consumers that they would be required to pay such fees.
• Did not reimburse consumers for maintenance fees after telling them those fees would be reimbursed.
• Promised that consumers who purchases a timeshare membership, plan, or property from them would receive certain benefits , but then didn’t make good on those promises, and
• Did not disclose the fact that it was already over $30,000 in debt to the travel club that it was using to provide travel club memberships to the consumers.

What To Do If You Are a Victim of a Timeshare Scam

The Missouri Attorney General’s investigation has revealed that most victims of this timeshare scam have lost between $7,000 and $17,000 each, but some people may have lost more. If you want more information about this problem, contact the Office of the Attorney General at [email protected] or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

If you believe you are a victim of timeshare fraud in another US state, contact that state’s office of Consumer Protection or the Attorney General. Another way to learn more about protecting yourself against timeshare fraud is to talk with other timeshare owners.

And to learn more about safe and cost effective ways to buy timeshare, visit the website for Sell My Timeshare NOW.