Over the past several weeks, we have been inundated with calls from timeshare owners who have received “offers” on their timeshares from a company using the name SmartChoice Vacations.  Because the name is so similar to ours, owners who have been approached, and who turn to the internet in an attempt to verify the validity of the “offer” by searching for “SmartChoice Timeshares” are finding our website instead, and are contacting us.  Similar solicitations by companies using other names have also been reported.  Here’s the typical scenario…

The owner receives a call from a company stating they have a buyer under contract to purchase their timeshare.  The buyer has, supposedly, made a substantial down payment, and is eager to close on their purchase.  The timeshare owner is provided the name and telephone number of the supposed buyer to call and verify the authenticity of the buyer’s interest and offer. Some callers have also been given the name of an investment company, broker, or agent to contact to verify the transaction is legitimate.

The owner is told they must send a payment of $2,000 (on average) either to have a title search performed, legal documents prepared or reviewed, or to show the seller’s “good faith” and commitment to selling at the offered price (often $20,000 or more).

The owner is promised a refund of the deposit within a few days along with their proceeds check, but they must act quickly or risk losing the buyer.  Funds are typically requested by cashier’s check sent via FedEx or similar method.

To date, we have not been able to verify that any of the owners who have sent money have had a sale materialize, nor have they been able to obtain a refund of the money sent.

If you visit the website for SmartChoice Vacations, www.smartchoicevacation.com, you will find the following on the page, “Terms and Conditions”:

·    Smart Choice Vacations is a For-Sale, By-Owner Advertising & Marketing Company; We are not a Real Estate Broker.  The Advertising/Marketing program involves a variety of resources to maximize exposure to renters/buyers.

·    Smart Choice Vacations forwards all inquiries about my Vacation property directly to me (the owner), and allows me to accept or decline any offers for the sale/rental of the vacation property without the involvement of any broker, and without any commission.

·    On average Smart Choice Vacations is able to match Buyers & Renters with Sellers very quickly.  Should Smart Choice Vacations fail to rent/sell the unit within the agreed amount of time, Smart Choice Vacations will continue to market your property for an additional 60 days free of charge.

·    To cancel this contract, you must notify us in writing or by calling our customer service department within 7 days of agreeing to purchase our services.  Written notification should be sent to Smart Choice Vacations,  Attn:  Cancellation Department,  2393 S. Congress Ave, West Palm Beach, FL 33406 and should be postmarked no later than 7 days after, not including the purchase date.  You may contact our customer service department by calling 866-280-3424.  All refund requests will be processed within 30 days of such request.

In a more recent development, we have also started receiving calls from individuals who have sent $500 to $2,500 to companies like SmartChoice Vacations, and are now being contacted by a “legal services”, “legal aid” or “legal justice” firm stating they are aware of the scams and are pursuing these companies to recover monies paid.  They will offer this service to you for a fully-refundable (but upfront) retainer fee.  We believe these solicitations are a continuation of the same scam.

Fortunately, the majority of callers are in the process of doing their “due diligence” before sending payment.  Several have authorized a charge to a credit card and been able to block, or recover the charge through their credit card company.  At least five people we spoke with have already sent a cashier’s check to the address published on the SmartChoice Vacation website - which is a “rent-a-mailbox” location.  Two have paid an addition $2,500 to the legal aid company to try to obtain a refund.

BE AWARE OF THE FOLLOWING…

An advertising company cannot legally present an offer, discuss price, terms, or conditions of a sale, or a potential sale, with a buyer or a seller.  They cannot legally negotiate or accept earnest money from a buyer or seller.  This includes presenting an offer and then referring you to a broker or agent to help close the transaction, review documents etc.

A title search, document preparation, deed review, etc. is readily available through a title company or transfer company for fees ranging between $25.00 for simple deed preparation to $700 for complete escrow and closing services including a title insurance policy.

Very few timeshares have a resale value of even $5,000, regardless of the initial purchase price.  The exceptions are the most exclusive resorts in the most desirable locations in the country.  An oceanfront Marriott or Westin on Maui may occasionally sell for as much as $20,000, but owners of those properties do not typically work through unlicensed marketing companies.  They list with a reputable, licensed real estate broker who specializes in timeshare resales.

No legitimate, licensed real estate broker requires a deposit from a SELLER to guarantee the seller’s “good faith” when an offer to purchase is extended to them by a buyer.  With the economy in a recession, owners who purchased from a developer, and who later offer their property for sale, are typically required to accept pennies on the dollar to attract a buyer in this very competitive marketplace.  Buyers can readily find a timeshare to purchase at 20-80% less than the original owner paid.  You, as a seller, must be aware of, and prepared to sell under these conditions.

SmartChoice Timeshare Resales has been spending dozens of hours every week talking with timeshare owners who have been approached by SmartChoice Vacations, and other similar operators.  We have been willing to donate our time to counsel individuals on how to identify likely scams and avoid being conned out of thousands of dollars, how to determine the actual market value of their timeshare, how to find a legitimate, licensed broker who will never require an upfront fee for ANY reason, and how to file a complaint with regulatory agencies who investigate and prosecute unlicensed companies who prey upon timeshare owners.

Because we are licensed brokers who earn our living selling timeshares to legitimate buyers in behalf of clients who are willing to pay us a commission when we successfully close escrow on their sale, we simply cannot afford to continue diverting our time and effort away from those buyers and sellers.

We have filed reports with the FBI and the Florida Attorney General’s office.  We ask that you do your part and file a report as well, so that everyone will be protected from unscrupulous companies taking advantage of desperate timeshare owners.

Below is information that we are happy to share with you free of charge; however, we regret that we can no longer offer free one-on-one telephone counseling at the expense of our company and current clients.  This information should be sufficient to allow you to protect yourself.

If you have sent money to SmartChoice Vacations, or any other company claiming to have a buyer for your property and then failed to live up to their promises, you will find links that will allow you to file a complaint with an appropriate regulatory agency.  Their successful investigation, apprehension, and prosecution of the scammers, including restitution, are your only hope of recovering some or all of your losses.

After reviewing the information available on this page, and throughout our website, if you feel you need to speak with a licensed real estate agent to discuss your experience, or if you want assistance filing a consumer complaint with one or more agencies, obtaining a professional BPO (broker’s price opinion), or finding a broker experienced and willing to sell your timeshare with no upfront fees of any kind, we will be happy to work with you individually on a consultation-fee basis. 

Understand that, as much as we detest the practices of the unlicensed scammers as well as upfront fee resale companies (licensed or unlicensed), and as much as we would like to be able to continue to give freely of our time and expertise, we are simply at a breaking point.  We cannot afford to devote the majority of our working hours to offering free counseling at the expense of our clients, our company, and ultimately, ourselves.

To request a personal consultation, please call Judy Rulli at (800) 998-0946.

If you are reporting an issue with "Smart Choice Vacations" PLEASE make absolutely certain that you do not confuse the company name with "SmartChoice Timeshare Resales".  We have spent over 12 years building an ethical and honest company, dedicated to assisting clients sell or buy timeshares legitimately.  Our reputation is impeccable (as evidenced by our "Testimonials") and we would like to keep it that way!
 

To file a complaint with the Florida Attorney General's office ...

Website: http://myfloridalegal.com/

Email: http://myfloridalegal.com/contact.ns...torney_General

Phone: 866-966-7226

Mailing Address: Office of Attorney General State of Florida The Capitol PL-01 Tallahassee, FL 32399

Consumer Protection: http://myfloridalegal.com/pages.nsf/...7!OpenDocument

Online Complaint form: http://www.myfloridalegal.com/ConsumerComplaint.pdf

To file a complaint with the NACAA (National Association of Consumer Agency Administrators ...

http://www.nacaa.net/consumerinfo.htm

To file a complaint with Consumer Affairs USA ...

http://www.consumeraffairsusa.org/

To file a "Rip Off Report" (this one takes a while) ...

http://www.ripoffreport.com

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