July 3 I spoke with James Hartsell by telephone, who gave me a sales pitch regarding sale of my timeshare property. He indicated that he had multiple corporate accounts who were in need of purchasing timeshare properties and explained that he got no commission from the fee his company Vacations Direct Inc. Charged me to sell my property. He also stated on the phone that Vacations Direct had a 100% money back guarantee that within 90 days if my property did not sell, I could request a refund. I agreed to have the 1284.00 charge to my American Express.
Once I gave my amex number to James Hartsell, he told me he would fax me the contract for me to sign ASAP because he could not get me connected to any sellers without it. I received the fax and read the 100% guarantee which did not clearly say the conditions of a sale within the 90days.
July 7 I faxed James (enclosed) a note that I would not sign the contract as I did not agree with the terms as written. I immediately called american express to make a claim on the charge and get a refund.
July 8 James called me and I explained that I was not willing to risk 1284.00 and only agreed to the charge because he assured me the marketing obligation stated in the guarantee was his obligation to sell my timeshare within the 90 days or I could request and receive a refund, He assured me that he had all these corporate accounts and I would have as a minimum one week of my timeshare sold which would cover more than the fee and I would be out nothing. I told him I would agree to the terms as he indicated by phone. Based on that, I signed the contract and called American Express to close the claim.
September 8 I emailed James Hartsell at Vacations Direct Inc. (enclosed) requesting a refund.
September 10 I received a call from Russel who told me that the contract stated if my timeshare was sold by another company, was the only condition to a refund. I asked to speak to James Hartsell, and Russel would not let me. I argued with Russel that I spoke to James for clarification of the marketing obligation. Russel insisted that they have met their marketing obligation. I demanded that he show me in writing what has Vacations Direct done in the past 60 days as I had received not one phone call or had any proof they have done anything. He took my email address and said he would send it in writing. I received no email.
I believe that Vacations Direct Inc. Has not done anything for my 1284.00 and definitely not met their marketing obligations. Russel claims they have met their obligations, which was not clear in the contract but was clarified to me by James Hartsell on July 8. Therefore I feel that I should get my 1284.00 refund in full.
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