Manhattan Club Lawsuit

Miriam, My position is similar to yours. Over time life changes a lot and I've wanted, needed to downsize for years now. Please, let me know if you have any ideas or second sight.

It took almost one year, but I finally received my $100. check from the Manhattan Club for the buy-back (and I use that term loosely) of my Penthouse Suite. At almost $3500. per week maintenance fees, it was just too hard to keep and I had to stop the bleeding. What a relief!

LC, I went to court on 1/28/20 with the intent to prove my case of breach of contract. You have to show 4 elements: 1) there was a contract (I paid about $25K twice for two contracts, one in 2002 and one in 2007) 2) that I held up my end of the contract (I paid all of my maintenance fees on time if not way in advance due to their fraudulent billing practices) 3) that they breached their end of the contract (we all know that story too well: lies at point of sale, continued misrepresentation [maintenance fees would only go up 2-3% per year, they'd only bill us on the anniversary date, etc.], this investment is like "money in the bank", we could easily get access to our timeshare, that it was a private owners club, etc. 4) that I was harmed by their breach of contract (yep, out of more than $50K, still paying outrageous maintenance fees, have these timeshare weeks that I didn't want and cost more money to use, am basically saddled by a toxic burden/contract for my heirs, etc.)

I think I basically proved my points to the judge. Samman, their lawyer, and Wirshba said I used my time so I shouldn't have any complaints, and that I got the Offering Plan which said timeshare shouldn't be an investment (we all know that they sold it as an investment and you were under high pressure sales and really didn't have time to read the whole catalog if you even got it!)

Unfortunately, I didn't have CERTIFIED COPIES of the NYAG's AOD, 138, 380 and 411 to present at court. Samman tried to say that the AOD said you can't use ANY of the NYAG docs in any other court case, which is a BALDFACE LIE. Read #74 in the AOD which explicitly says that ONLY the AOD can't be used in another court case and they can lie about it. You can use the NYAG's press release about the AOD and the CERTIFIED (get stamped copies from city officials) 138, 380 and 411 docs which have AMPLE evidence of their wrongdoing and breach of contract if you want to start a court case against them.

The judge will render a decision and mail it to both parties. Here's to hoping he rules in my favor. One of my closing arguments was that I did nothing wrong and it's not my responsibility to verify that they're following the rules they made up and agreed to, ie, holding up their end of the contract.

We'll see what happens next.

Joy, I commend you in your efforts and you are very brave to stand up against those vultures. I sincerely hope the judge rules in your favor!

JOY - Thank you for your time. That's the first actual explanation I've read about how an individual could proceed. My true grip is the fact that I had planned from the start to downsize when I retired + the 400% increase in fees. I bought 4 weeks - 17 years ago & retired 5 years later. It's been burdened since. It is now way above my means.

Before purchasing I asked lots & lots of questions about reselling. I was directly told, they would be opening a resale department within & of cause I could sell privately. I was told this would start as soon as the original 1-bedrooms sold out. They were close to sold out

Anyway I'll be listening for your outcome and greatly appreciate updates. L.C.

Great job it sounds like you did - hope you get a judgement in your favor and thanks for sharing this with us.

Hi Cliff! Can you please tell me who you contacted for the “buyback”? I believe it’s Lynn O’Donnell but I can’t find a number for her. I looked back on this site but can’t find it. Thank you! Donna

Many thanks for your efforts, Joy.

Good luck, Joy. Thank you for all the information.

Donna, I would call the Front Desk: 212-707-5000 and ask for Lynn O'Donnell's office. They should be able to switch you right over there. If not ask for whoever is in charge of contracts for M/C and tell them you want to be part of the buyback program that many others took advantage of. They may or may not offer it to you, I don't know. I've always thought they were more apt to do it for those that are delinquent on their maintenance fees. Manhattan Club doesn't really have incentive to offer that to everyone that are still paying those outrageous fees. But, if they want/need more inventory, I would imagine they would be happy to offer you the $100. That means they can go out and start scamming new customers to purchase in the great location of the Manhattan Club. It's really ashame that this has happened. I had 3 units, gave back 2 of them about 2-3 years ago and held onto the Penthouse. But, finally I gave in last year and participated again in the buy-back program. I really didn't see this thing ever ending or getting better. I hope it does for everyone else out there that is holding out hope. Good luck!

Cliff, Thank you! I agree. Unfortunately, I am up to date on the fees but that can change.

Joy, I have copies of all of the AG's documents. What do you mean by NYAG's AOD, 138, 380 and 411? I don't see any references to 138, 380 or 411 in any documents, and the AOD only goes up to par. 89.

Michael, the NYAG docs are numbered at the 2nd to the top line. On the left side it says NYSCEF DOC. NO. 138, etc. and on the right side you'll see a received date. The 380 doc number is overtyped so you can't read it, but if you go to the last page it's dated 7/2/15; it's titled the SECOND FAROOQ AFFIRMATION etc. All of these docs clearly demonstrate their illegal activities, especially 380 and 411. The AOD on paragraph 74 unequivocally states that only that doc can't be used in another court proceeding.

How do you get on the buy back program? I also have been paying ever increasing maintenance fees for 15 years and now my husband is to ill to travel. I would be happy to give back the time share.

Hi Michael and Joy, How did you obtain those copies of the AG document? Thanks, Tracey K

constances40 wrote:

How do you get on the buy back program? I also have been paying ever increasing maintenance fees for 15 years and now my husband is to ill to travel. I would be happy to give back the time share.

call Lynne O'Donnell or Danielle in Financial Services

Tracey K, you can go on the public NYAG website and pull them down. However, if you're going to use them as evidence at a court hearing, you have to get them "certified" (by the court clerk or city clerk).

Thanks so much!

I also was having a difficult time paying the maintenance fees. I had an attorney prepare a deed transferring title back to TMC. It required a signature by TMC as grantee before it could be recorded so it had to be sent to them. TMC sent back their own paperwork (deed) for us to execute. I signed it and sent it back and never heard from them again. I did this about a year ago. My attorney charged $1,250. My yearly maintenance fee plus taxes was $3,000.

it appears that so many of the "GIVE BACK" issues are additionally screwing owners by taking an extraordinary amount of time, piles of paperwork while owners are still dutifully paying maintenance, although they prefer not using their TMC time. some, like mara f (above), also paid her attorney's fee of $1250 plus $3000+ maintenance. all she'll finally get (after waiting a lengthy time) is MAYBE $100 FROM TMC and she will have given away her initial investment. this is criminally fraudulent on the part of TMC (what else is new?)!! TMC/EICHNER/BLUEGREEN appear to be getting away legally with committing criminal fraud. are there no laws or legislation to control this form of white-collar criminal activity specifically within the timeshare industry?

TMC/BLUEGREEN are getting away with criminal fraud and no one is doing anything about it. yes, some have retained an attorney, but, we're told the legal process against these criminals takes much time. the former nysag did nothing that comes close to a fair and equitable settlement. we owners are no better off now than we were before former nysag litigated our case. he SETTLED for no more than an inadequate legal penalty. in fact, criminal fraud was admitted by the plaintiffs, TMC/EICHNER, but the end outcome of the litigation was a mere paltry SETTLEMENT, a senseless, unfair penalty to say the least.

where do we go from here to achieve legal justice against this criminal activity?

can anyone offer a viable solution to this continuing fraud (e.g., the continuation of the exponentially exorbitant maintenance fees?)