Editors Note: If you are having issues with a Time Share Company, contact Robert Paisola at www.RobertPaisola.com
THIS LETTER IS THE PROPERTY OF WESTERN CAPITAL AND ROBERT PAISOLA AND IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY
Robert Paisola is the leading Time Share Abuse Authority in the nation
April 12, 2008
Mr. Randy Richards, Associate General Counsel of Consolidated Resorts Inc.
801 South Rampart, Suite 200, Las Vegas, Nevada 89145
Re: (Name Delineated for Privacy) , Account Number: XXXXXXXXXXXXXXXX6, 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. XXX and XX.
As requested by Mr. Richards, documentation has been gathered by Tahiti Village/ [former]Club De Soleil Time Share Owners Mr. X and XX [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…”[1] [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
o 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, 2008@ 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.[2]
* “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, 2008. 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, 2008 @ 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, 2008 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 company’s 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. [3]
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.[4]
Genuine Facts
Fact 1
In your April 3, 2008 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, 2008 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. [5] 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?”[6]
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 plaintiff’s are NOW concerned with and contesting.
The lower monetary amount that is presently requested, in good faith, to end plaintiff’s time share obligations is Nineteen Thousand, Dollars, $19,000.00USdollars.
* Furthermore any reimbursement for any ground fees that are paid to Consolidated Resorts Inc hereafter.
* Finally any penalties privately or under State law, if any, within any original agreements that would be applied against plaintiff’s Sales Agreement Cancelation due to misrepresentation of the facts by Consolidated Resorts Inc or Seller will be mutually and legally voided.
Please let us keep this action as a one owner situation and good faith “Void Contact” settlement.
And not as an escalating State or Federal Class Action Suit, which may adversely affect your company… as this is not our intent.
Thank you for your prompt reply Mr. Richards.
Respectfully,
Mr. XX
Account Number: XXXXXX
Cc: , Consolidated Resorts Inc – sent by US Mail
Via US Certified Mail, Return Receipt will be Requested
April 30, 2008
Note: Physical Evidence by way of web pages were also sent as proof of Consolidates web-internet rental program.
Second Letter to Consolidated as requested per Consolidated.
Mr. Randy Richards, Associate General Counsel of Consolidated Resorts Inc.
801 South Rampart, Suite 200, Las Vegas, Nevada 89145
Re: Mr. XX, Account Number: XXX, failures to up hold Consolidated Resorts, Inc NO Rental Program Policy within Agreements.
To Mr. Randy Richards,
Thank you for answering my phone call on April 29, 2008.
I do understand that you will be seeking further advice on this matter.
Therefore the plaintiff’s have agreed, only for a very short time, to delay in seeking legal advice, etc and other time share holders having the same concerns.
Enough time has elapsed to consider both parties findings on its merits, in reflection of your own letter and Consolidated Resorts, Inc NO Rental Program Policy within Agreements.
After May 12th 2008;
* The change of $19K will rise to $36K or to your highest value as presented by your sales representation of this particular time share after May 12th 2008 and
* Hiring of an Attorney and
* Thereafter notifying other timeshare members, etc of our findings.
No reconsideration of the above will occur after May 12th, 2008, but will only increase monetarily and in complexity.
Respectfully,
Mr. XXX
Account Number: XXXXXXXX
Via US Certified Mail, Return Receipt will be requested.
Page 1 of 1
[1] The Seller to mean: Soleil LV, LLC / Consolidated Resorts, Inc of Las Vegas, Nevada, Consolidated Tahiti, Inc / Consolidated Orlando, Inc, as seen on the Credit Card Information [may also be referred to as “Consolidated” within this document.
[2] Telephone conference calls included Mr. Freemon, Ms Judy Backhouse [plaintiffs] and the Internet sales person. Consolidated Resorts Reservation Desk may also to in refer to as Tahiti Village or Club De Soleil Reservation Desk.
[3] As defined, NRS 119A.130 “Sales Agent”; NRS 119A.150 “Time Share Instrument”; NRS 119A.152 “Time Share Plan”.
[4] “Board terms” related to “Neither… has any rental programs.” to mean: to privately or publicly advertise or promote information within or part of any form or type of media to be understood as to express a desire to entreat or invite, whereas to hire or rent any properties or accommodations’ so named or equal to and/or as paid for within the plaintiff’s Club De Soleil or Tahiti Village Time Share Agreements, thereby avoiding engaging in a for profit rental program on behalf of and only for Consolidated Resorts, Inc. as per all contractual agreements.
[5] Non-time share holders as defined: are any person or persons that are not current property owners of a Consolidated-Tahiti Village and/or Club De Soleil time share as defined under Nevada Real Estate State laws and furthermore did not receive permission by a current time share owner to use their allot time as written per their Consolidated Time Share Agreement
.
[6] Exhibits 6 [one of many examples] show that Consolidated Resorts is directly competing against its renting Time Share Owners on the Internet. This is contrary to Consolidated NO rental program agreement by the Seller and Agents. The room prices given by Expedia and Hotel .Com above for 7 nights at $167.00 is approximately $1169.00 vs. Timeshare Owners averaged price is $1600.00, a difference of $431.00 in favor of Consolidated.
It is not the rental pricing listed and set by each individual owner that is at issue here. It is the very high premium which was paid up front and owner’s yearly dues to Consolidated to have exclusive rights as an advantage over or compared to the general public which has been damaged beyond repair. The owners do not financially benefit from the rental received by Consolidated, nor gain voting rights as a share holder would.
Consolidated replied with an offer to take as back to Club De Soleil. This of course does not resolve the rental issue in both sales pitch’s and in the “NO Rental Program” contract issue. Club De Soleil is also an older [first] project of Consolidated, which the services and the maintainace have become very sloppy.
The offer by us was declined by phone.
Thank you again.
Respectfully,
Mr. XXX
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