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Re: Resort Condos Plus - anyone? (by Casey C.):

Need some advice from you guys before we try and find a lawyer to ask about this.

Wife and I own a biannual timeshare with Wyndham / Fairfield.

I received a call from a Steve Janowski, (817) 349-6447, representing RCP Resorts Condos Plus, based in Houston, TX. He asked if I was still interested in selling our timeshare, as they had someone interested in purchasing it, and quoted that they were trying to sell it somewhere between $12,000 and $14,000. I said yes, we were interested in selling at that price.

Steve called me back and said their buyers offered $13,050. (How convenient?) If I accepted that offer, they would start the paperwork process and another guy would call me within 30-45 minutes and he'd want to charge my credit card $2050 and they would work on the title exchanges and everything, which would take 30-45 days before I'd get the money from their escrow.

I said that sounded like a good deal but I'd need to talk to my wife, who is on the title, before we'd pay anything via credit card.

Talked to the wife, looked up the company, found this thread, we decided it sounded too good to be true and said when he calls up, if he'd agree to do an escrow with us on the $2050 sale money we'd bite, but no credit cards. But she really didn't want anything to do with it, and told me she refused to give them any money unless it was through escrow.

So when I get a call back from RCP, the new guy (who is in charge of financing) says they already have a buyer who signed and said they'd buy our timeshare and I agreed to sell it, and RCP can't do escrow, 'they are a 19 million dollar company, they have done it this way for a long time, they are not going to change their ways for me'. He said that because I already agreed to the sale with them charging the credit card fee included in the terms, and because they already have a buyer, if I didn't pay him he'd send our case to his collections dept.

They have no way of proving to us that they actually have a buyer 'because it's illegal for him to share mortgage contract documents'. I have no way of knowing that this is anything but a scam. He tried pressuring us into paying by credit card because 'we're protected by the credit card doing it that way'. I have a feeling they have a way to make sure I can't refuse payment to them in case things go south.

Can they actually try to collect $2k from us for sale of this property if nothing was ever signed and my wife did not agree to anything?

I feel like the section in here about Right of First Refusal means that my wife not agreeing to the sale may be some protection unless I'm reading about the wrong thing. http://real-estate.lawyers.com/residential-real-estate/Real-Estate-Brokers-and-Condos-Coops-and-Timeshares.html

Another link I found looking this up- F with the BBB :( http://www.bbb.org/houston/business-reviews/resorts/resort-condos-plus-in-houston-tx-90008126/

Basically I'd like to know if I need to try and find a lawyer now or wait and see if they are bluffing about sending us to collections. I never gave them any payment or means of payment, or my credit card number.