During the purchase of our time share, we were required to sign a document entitled "Acknowledgment of Representations."
The purpose of this document is described in the first paragraph on said document as follows:
"Prior to consummation of your Purchase Agreement and occupancy privileges in Westgate Town Center, A Time share Resort, (herein referred to as "The Resort") the developer desires to eliminate any possibility of misunderstandings as to what might have been represented to you which may have influenced your decision to purchase. Therefore we ask that you kindly answer the following questions."
From the above statement, it is obvious that the developer is aware that the salespersons customarily use inaccurate information to lure the potential customer into a purchase, so with this document, the developer wishes relieve himself of responsibility for any misinformation that was used to influence the customer's decision to buy.
Item number 10 on this document states that I (we) understand that the estimated maintenance Fee is $689.00 per Time Share interest owned. If biennial timeshare interest is owned, this maintenance fee will be due during the purchaser's assigned year.in addition, I (We) will be responsible for payment of property taxes, which amount will be billed separately by the Owners Association.
It is clear from the above that I am responsible for paying the annual maintenance fee and that I am also responsible for paying property taxes which are billed separately by the Owners Association.in other words, as an owner I am responsible for two separate charges; the maintenance fee and the property tax bill. Take note that in the wording used on the document, it states that the property taxes will be billed separately. It doesn't say "might be" or "could be". It says "will be".
But apparently, Westgate feels that they are under no obligation to comply with the statements they made on documents duly signed by myself and Westgate management.
I received a bill from Westgate listing the following amounts:
Maintenance $. 00
Use Fee $849.00
Tax $. 00
Late Fee $. 00
Interest $. 00
Other $. 00
Total $849.00
I knew I was responsible for the maintenance fee, however, due to the notable difference between the estimated maintenance fee and the amount they were charging and identifying as a "Use Fee" I contacted Westgate for clarification. When asked about the $849.00, the Customer Service Representative revealed that the $849 was a combination of the maintenance fee and the property tax. This is a blatant violation of the terms specified on the Acknowledgment of Representations document. For that reason I requested that Westgate send me a corrected bill that complies with the declaration on the Acknowledgment of Representations document which specifies that the management fees and property taxes "will be" billed separately; not combined. Westgate would only confirm verbally that the $849.00 included both management fees and property taxes, but steadfastly refused to put it in writing. This is unacceptable. Westgate is in direct violation of the information on the signed contract. As an owner, I have the right to know what I am paying for. If I am paying for Maintenance and Taxes, then that needs to be specified as such, rather than cleverly hidden in a charge under another name. Otherwise, Westgate could come back later after I make the payment and claim that I was paying something other than Maintenance and Taxes.
Westgate's refusal to comply with duly signed documents is a breach of contract. Additionally, their refusal to provide accurate and truthful billing information is clearly suspect and opens the door to fraud.
All I am requesting is that Westgate comply with its own documents by representing the charges accurately so that I will have proof that I am paying that for which I am responsible, rather than trying to hide the true identity of the charges.
Steven
Lumberton, North Carolina
U.S.A.
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