On February 10, 2014, a Federal Court in Las Vegas, Nevada, will hear testimony from Westgate Resort owners seeking justice.
Fuoroli v. Westgate Planet Hollywood Las Vegas, LLC (link to court docs)
From the official court documents:
Plaintiffs allege that Westgate made the following misrepresentations in the timeshare sales negotiations:
the property would be a pet friendly environment (doc. # 1 at ¶ 21), when in fact it is not (id. at ¶ 22);
daily maid service would be included (id. at ¶ 19), when the purchase included only weekly cleaning (id. at ¶ 20);
the timeshare would book a fixed unit during New Year’s Eve each year (id. at ¶ 23), when in reality the plaintiffs were purchasing neither a fixed unit nor the right to reserve any unit on New Year’s Eve (id. at ¶ 25).
Plaintiffs also contend that Westgate made false and misleading statements with regard to all of the following: the cancellation period for timeshares under Nevada law (id. at ¶ 35); the financing package used to purchase the timeshare (id. at ¶¶ 36–44); and, the completion date of the hotel (id. at ¶ 47).
From these facts, plaintiffs have alleged seven claims for relief. Ultimately, plaintiffs contend that “the contract drafted and presented by Defendants was materially different than the terms upon which Plaintiffs and Defendants had agreed during the sales presentation, [and] there was no meeting of the minds as to the terms of the purchase contract signed by Plaintiff[s] and, therefore, no contract was formed….” (Id. at ¶ 26)
After 5 years, this suit is finally going to be heard. The case starts at 9 am, and anyone can attend if they wish.
All eyes will be on the Nevada court to see how this class action lawsuit against Westgate is handled, as it is sure to set a precedent for other timeshare cases.
Read the rest of this entry »