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Class Action Against Diamond Resorts? (by Susan B.):

I'm sorry Irene but I disagree with some of this:

"The DRI contract is iron clad so there are significant obstacles - one being your contract states that you will not take part in a class action. There are ways around that, but it certainly isn't easy. While the class action is ongoing, you are required to pay maintenance fees and loan payments.... If you do not have a loan, the best option is to ask for a voluntary surrender as the cost for litigation is high."

First, the DRI contract is FAR from iron clad. A consumer is not bound by any contract where the seller violated one of the many consumer protection laws.

Second, a consumer's choice to continue making loan payments or to pay assessment fees while waiting for class litigation should be based on the specific facts of that individual's case. There are many things to consider and an individual should seek advice from competent counsel before deciding what to do.

Third, I absolutely disagree with the blanket statement that a surrender is the best option for anyone that does not have a loan balance. This too, depends on the individual circumstances.

There are very few absolutes in the law. Without knowing the facts of an individual case, no one can say what their best option might be. In my view, a surrender is the LAST option anyone should consider.