The following letter was sent to Mr. Randy Richards Consolidated Resorts Associate General Counsel in hopes in settling our differences.
As many people who have been scammed into timeshare property ownerships and possible renting of our properties we are fighting back.
The following is long but reading this complaint/argument and discovery I believe is worth your time to ending your timeshare and possibly even a small profit while getting out.
As follows:
April 12
Mr. Randy Richards, Associate General Counsel of Consolidated Resorts Inc.
801 South Rampart, Suite 200, Las Vegas, Nevada 89145
Re: Mr. Elehue — and Judy —, Account Number: &, failures to up hold Consolidated Resorts, Inc NO Rental Program Policy within Agreements.
To Mr. Randy Richards,
This follow up letter is in regards to a conference telephone conversation with Mr. Randy Richards, Associate General Counsel of Consolidated Resorts, Inc of Las Vegas, Nevada and Mr. Elehue & and Judy &.
As requested by Mr. Richards, documentation has been gathered by Tahiti Village / [former]Club De Soleil Time Share Owners Mr. Elehue & and Judy & [hereafter known as plaintiffs] to confirm that Consolidated Resorts, Inc.indeed does have a third party Internet Rental Partnership Program in conflict within its Tahiti Village Plan Purchase's Acknowledgment of Representations [1/104] [2].
As stated by Consolidated Resorts, Inc in broad terms:
Neither the Seller, the Sales Agent, nor the Manager [Plan Manger] has any form of rental or resale program [Bold emphasized, also see Exhibit 1 Tahiti Village Plan Purchase's Acknowledgment of Representations [1/104], [2], pages 1 of 1].
Discovery Results
It appears well known Internet Hotel Rental Web Sites presently maintains a rental business relationship for profit with Tahiti Village, Club De Soleil and/or Consolidated Resorts Inc for many months, if not years.
Furthermore the plaintiffs have also taped the conference telephone conversations during their conference phone inquiry with a Internet Rental Company in partnership with Consolidated Resorts Inc. This will assist in eliminating any further verbal or written semantic problems in plaintiff's quest for a good faith settlement.
[a] Requested information from the Internet Companies by telephone and computer:
Web Site Company Name and web site locator.
Name of salesperson.
Do you need to be a time share owner of Tahiti Village, etc?
Whom do they do their bookings through? And/or
Is there some type of rental partnership agreement?
How are the reservations confirmed, [1-] by your company or another or [2-] Tahiti Village [Consolidated Resorts] directly?
Hard copy of web site.
[1] First Internet Company: HOTELS.com
Contact: April 11@ 1230
Sales Person: David
Telephone Number: 1-866-629-1916
Information from web site - for Tahiti Village, NV:
As relayed by David to the plaintiff's during a conference call HOTELS.com works directly with the hotel reservations, in this case Consolidated Resorts Inc reservations.
There is No Tahiti Village or other Consolidated Resorts Inc. Time-share ownership required There are NO ownership requirements or restrictions stated within the web site or from Consolidated Resorts, Inc to rent room[s].
Furthermore David also stated that we make a lot of money for them
Single room, partial kitchen was $167, per night $567.81 with tax, for July 15 to 18. See Exhibit 2, pages 1-4.
Information for Club De Soleil: web site quote equaled the above room and price. See Exhibit 2, pages 4 of 4
[2]Second Internet Company: Expedia
Contact: April 11 @ 1330
Salesperson: Jake
Telephone Number: 1 800 551-2409
Information from Web Site - Tahiti Village:
Expedia sales person Jake informed the plaintiffs that NO time share ownership was needed at Tahiti Village to register as a rental guest.
Furthermore at plaintiff's request the above ownership question was confirmed with a brief telephone call, immediately to Tahiti Village reservation desk by Jake.
Furthermore Jake stated that It would be less expensive if Expedia made the reservations. See Exhibit 3, pages 1-2.
A verbal price was then quoted for July 15 to 18 for a price of $167, per night $567.81 with tax, single room.
Information for Club De Soleil: web site quote equaled the above room and price. See Exhibit 3, page 3.
As stated at Expedia Picks tab, Expedia has a preferred hotel partnership with the implied Seller or Legal Owner. See Exhibit 4 Expedia Picks page 1 of 1.
In Conclusion
Mr. Richards, as I understand, it appears you believe there is a semantics problem of your companys NO rental program in your sales statements and agreements, as you have indicated on the phone and by letter.
Furthermore this inquiry by the plaintiffs is not a rescission of the contact under NRS 119A. 410. But:
Consolidated Resorts Inc misrepresented Sales Speech by your assigned agent and mangers pursuant to NRS 119A. 130, stating on many occasions that Consolidated Resorts Inc is not in the business of renting rooms to time share owners and Furthermore continuing the same broad, misrepresented sales statement or act within your written agreement providing that your company is Neither in the business of renting its Time Share Accommodations or will provide any form of rental program, pursuant to NRS 150,152, etc, outside of the ability by individual time share owners themselves.
We further believe Sales Manager Mr. Brain Desrochers appears to be a continuation of this Misrepresented NO company rental, sales tactic, displaying sincerity in showing how a person can successfully rent to make the closing sales pitch. But later not fulfilling their sales closing pitch promises to teach or share this information.
Though it appears to be, Mr. Desrochers is not the overall issue here.
IT has been made abundantly clear publicly, in your written agreements and letter that Consolidated Resorts Inc, in broad terms, does not or will not have in the future, any [as Internet, etc] rental programs.
Genuine Facts
Fact 1
In your April 3 letter, page 2 par. 5 it states Soleil [Consolidated Resorts Inc] does not engage in the business of timeshare rentals. [Brackets added] See Exhibits 1 at [2] and 5 [April 3 Counsels letter, page 2, par 5.]
This Consolidated rental statement has been established many times publicly verbally and in print by Consolidated, this is Not Disputed.
The good faith of Consolidated stating that it does Not having a practicing rental program is Disputed by plaintiffs.
Fact 2
This No Rental Policy Program is shown to apply to all Consolidated entities throughout your letter and well understood, over the years, by all persons attending your introduction seminars and by new owners. See Exhibits 1 and 5.
The No rental policy applicability to your company personnel is Not Disputed.
The good faith application to affect this No rental policy by Consolidated and its personnel Is Disputed by plaintiffs.
Fact 3
The two Resorts Rental Internet Practice discovered on the Internet web sites are, so far, Expedia and Hotel.com. See Exhibits 2-4. This is a Genuine Fact.
Fact 4
A combination of past and present accounting and tax records from all parties involved will show that Consolidated Resorts Inc has a practicing financial renting relationship and/or business partnership with the above well known rental or for hire Internet Companies. Factual
Fact 5
Credit card receipts for guest accommodations within the past five years will verify non-time share holders from its legal Consolidated time share holders. Factual
Fact 6
The fact that non-time share holder who have rented have interrupt the time share availability at Consolidated Resorts for time share holders usage. Factual
Fact 7
Consolidated Resorts Inc business practice extends over US State lines. This is Not Disputed.
The only question left, Is this an Intra and/or Interstate Business Trade Violation by sales misrepresentation under any State and/or Federal laws and/or US Securities Law?
The above is quite obvious! This moots any of your verbal or written concerns of semantics or Mr. Desrochers possible questionable sales behavior or your irregular rental practices.
This is a matter of a Bad Faith contract/agreement.
The rest of your letter has No Merit and will not be further considered by plaintiffs.
Therefore it is the overall Sales Time-Share Agreement-Contract and all monies expended in conjunction with the above findings that the plaintiffs are NOW concerned with and contesting.
And not as an escalating State or Federal Class Action Suit, which may adversely affect your company as this is not our intent.
Respectfully,
Mr. Elehue &
In Conclusion, you are a real estate property owner with more rights than you think... Let's get together and use them to our advantage.
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