General Discussion

Second Chance Timeshare resale

Jun 16, 2008

I saw Second Chance Timeshares listings on Redweek so I thought they must be a reputable company. We signed the papers but didn't mail them. We wanted to check some things out first. We were on vacation using one of our other timeshares. My son saw the envelope and thought we forgot to mail it so guess what?! He thought he was doing us a favor and dropped it in the mail. When he told us what he had done we immediately sent Second Chance a fax stating that we had changed our mind and wanted a refund. We stated that the contract was accidentally in the mail. They went ahead and listed the timeshare anyways ignoring our fax and request for a refund. We will contact our lawyer and credit card company but are there any other suggestions on how to handle this?


Shelley A.
Jun 16, 2008

shelleya27 wrote:
I saw Second Chance Timeshares listings on Redweek so I thought they must be a reputable company. We signed the papers but didn't mail them. We wanted to check some things out first. We were on vacation using one of our other timeshares. My son saw the envelope and thought we forgot to mail it so guess what?! He thought he was doing us a favor and dropped it in the mail. When he told us what he had done we immediately sent Second Chance a fax stating that we had changed our mind and wanted a refund. We stated that the contract was accidentally in the mail. They went ahead and listed the timeshare anyways ignoring our fax and request for a refund. We will contact our lawyer and credit card company but are there any other suggestions on how to handle this?
================================================

Your posting doesn't make it particularly clear exactly what it was that you signed and / or mailed and/or the time frame involved here. Assuming just for the sake of discussion (and in the interests of legal deadlines) that it was an "upfront fee" payment and signed contract for a "timeshare for sale listing", or even a purchase, I recommend the following immediate action (if it's not already too late):

State law provides for "right of rescission" of a contract, but the actual deadline to exercise that right varies from state to state (and you haven't identified either the state or the dates involved). Generally, that "cooling off" time period provided by state law is between 3-7 days. Sundays don't count, but Saturdays do. If you are within this right of rescission time period for your state, prepare and send a WRITTEN notice of cancellation via U.S. Postal Service; signed, dated and mailed TODAY! Certified mail is not legally necessary, but it is still a good idea, since it provides documentary proof of actual date of mailing. Fax doesn't cut it and dates can too easily be altered on fax machines. Email messages and / or phone calls are equally inadequate and unacceptable. Don't waste any more time waiting to meet with an attorney in the meantime. However, if you are already beyond the rescission time period of your particular state, you likely have little or no chance of cancelling your contract or recovering any of your funds without some legal intervention of some kind (if then), since you voluntarily signed a contract in the privacy of your own home --- and the recipient now has it in possession and has lawfully acted upon that valid, signed contract. Good luck; depending on how much time has passed already, you may need lots of it.


KC

Last edited by ken1193 on Jun 17, 2008 04:03 AM

Jun 16, 2008

ken1193 wrote:
shelleya27 wrote:
I saw Second Chance Timeshares listings on Redweek so I thought they must be a reputable company. We signed the papers but didn't mail them. We wanted to check some things out first. We were on vacation using one of our other timeshares. My son saw the envelope and thought we forgot to mail it so guess what?! He thought he was doing us a favor and dropped it in the mail. When he told us what he had done we immediately sent Second Chance a fax stating that we had changed our mind and wanted a refund. We stated that the contract was accidentally in the mail. They went ahead and listed the timeshare anyways ignoring our fax and request for a refund. We will contact our lawyer and credit card company but are there any other suggestions on how to handle this?
================================================

Your posting doesn't make it particularly clear exactly what it was that you signed and / or mailed and/or the time frame involved here. Assuming just for the sake of discussion (and in the interests of legal deadlines) that it was an "upfront fee" payment and signed contract for a "timeshare for sale listing", or even a purchase, I recommend the following immediate action (if it's not too late already.....):

State law provides for "right of rescission" of a contract, but the actual deadline to exercise that right varies from state to state (and you don't indicate yours). Generally, that "cooling off" time period is somewhere between 3-7 days. Sundays don't count, but Saturdays do. If you are within this right of rescission time period for your state, prepare and send a WRITTEN notice of cancellation by USPS; signed, dated and mailed TODAY. Certified mail is not legally necessary, but is still a good idea, since it provides documentary proof of actual date of mailing. Fax doesn't cut it (dates can be altered on fax machines). Email messages and / or phone calls are equally inadequate. Don't waste any more time waiting to meet with an attorney in the meantime. However, if you are already beyond the rescission time period of your particular state, you likely have little or no chance of cancelling your contract or recovering any of your funds without some legal intervention of some kind (if then), since you voluntarily signed a contract in the privacy of your own home --- and the entity involved now has it in their possession and has lawfully acted upon that signed contract. Good luck --- depending on how much time has passed already, you may need lots of it...

We have a timeshare we want to get rid of in Florida. We did pay an upfront fee (which was done before I read the posts on here) It was probably mailed around the 6th of June but not received until sometime last week. I read this morning that Second Chance has been a member of Redweek for several years. Does this make them reputable- probably not. I didn't like what I read in the few posts I could find. I will take your suggestion. We live in Oklahoma but I am not sure what the laws there are. Thanks.


Shelley A.
Jun 16, 2008

shelleya27 wrote:
We have a timeshare we want to get rid of in Florida. We did pay an upfront fee (which was done before I read the posts on here) It was probably mailed around the 6th of June but not received until sometime last week. I read this morning that Second Chance has been a member of Redweek for several years. Does this make them reputable- probably not. I didn't like what I read in the few posts I could find. I will take your suggestion. We live in Oklahoma but I am not sure what the laws there are. Thanks.
=================================================

I am not in any way suggesting that Second Chance is not reputable; I've never even heard of them before. The only company I know of called "Second Chance" makes body armor for police and military personnel. However, there is a company called Second *MARKET* which advertises weeks for sale on RedWeek. Have you perhaps just cited the company name incorrectly in your postings?

Regardless of the correct name for the timeshare reseller, however, "reputable" and "likely to actually successfully sell your timeshare" are completely different and totally unrelated matters. I'd recommend proceeding immediately with at least attempting to rescind your contract. If you are already too late, you will likley soon be told exactly that. While I am NOT giving a legal opinion on this particular detail, I'm willing to at least guess that the date on which your credit card was actually charged constitutes "day 1" of the ticking clock for the contract cancellation deadline under your particular states' applicable law.


KC

Last edited by ken1193 on Jun 19, 2008 04:23 AM

Jun 18, 2008

Definite rip-off. They sent us a letter stating that they would take our property off of their listing and stated that we didn't spend any funds to list the property and none were used. They charged our credit card 349 for advertising costs. When I called them they stated that they would not refund the advertising money as it is non-refundable. Doesn't make sense since they stated that we didn't spend any funds. We have Pre-paid Legal and have contacted them.


Shelley A.
Jun 19, 2008

shelleya27 wrote:
Definite rip-off. They sent us a letter stating that they would take our property off of their listing and stated that we didn't spend any funds to list the property and none were used. They charged our credit card 349 for advertising costs. When I called them they stated that they would not refund the advertising money as it is non-refundable. Doesn't make sense since they stated that we didn't spend any funds. We have Pre-paid Legal and have contacted them.

Hi Shelley,

Did you do this through RedWeek.com? I'm not able to find an account here on RedWeek for Second Chance. We have a number of postings by Second Market Timeshare Resales but not Second Chance that I can find. If you can point me in the direction of one of their postings here on RedWeek I'd appreciate it.

Thanks, Marty


Marty F
Jun 19, 2008

shelleya27 states in relevant part: >> They charged our credit card 349 for advertising costs. When I called them they stated that they would not refund the advertising money as it is non-refundable.<< ===============================================

You've contacted legal counsel and that is certainly the appropriate source for your legal guidance now. However, the contract which you (voluntarily) signed within the non-pressured and comfortable environment of your own home, with ample opportunity to have read all of the contents before signing anything, might very well contain some "no-refunds" language. If so, you may unfortunately now belatedly discover that you have already freely and voluntarily agreed in writing and under your own signature to "no refunds", regardless of any phone statements which may have been made by confused or confusing clerical personnel.

I wish you luck, but I wouldn't personally bet on a favorable outcome here if you voluntarily signed a contract and if you've already missed the contract rescission deadline provided under your state law.


KC

Last edited by ken1193 on Jun 19, 2008 08:06 AM

Jun 19, 2008

In searching the internet via google, I can't find anything about Second Chance Timeshares. Do you have a url (internet address) for them?


R P.
Jun 19, 2008

jayjay states / asks in part: >> In searching the internet via google, I can't find anything about Second Chance Timeshares.<< ==========================================

I'm not a gambler, but I'd still be willing to bet in this instance that shelleya27 has simply misstated the correct name of the company, which I'm betting is Second Market Timeshare Resales (i.e., not Second Chance).


KC

Last edited by ken1193 on Jun 19, 2008 02:06 PM

Jun 19, 2008

You are absolutely correct! For some reason I have Second Chance on the mind but it is actually Second Market Timeshare Resales. Vacation Village at Parkway is one of the timeshares we own and in looking through some of the resales they are listed as the seller.


Shelley A.
Jun 20, 2008

Below are previous discussions here regarding Second Market Timeshare Resales (copy and past url):

http://www.redweek.com/forums/search?query=second+market+timeshare+resales&forum_id=all&search_by=posts&submit=Go


R P.

Last edited by jayjay on Jun 20, 2008 07:19 AM


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