465 timeshare owners have joined in a single lawsuit against a timeshare developer seeking $30 million for being misled about a non-existent water park.
The developer, Land’Or of Williamsburg, USA, is listed as a defendant along with the timeshare homeowners association.
The company was supposed to create a 22,000-square feet water park called “Cascade Taverns.” However, according to the lawsuit, no water park has been constructed. But investigation reveals that the park was not part of the original site blueprints and it has not been approved by the County.
The problem is: it was marketed by the agents along with the water park. It became one of the main reasons why timeshare buyers were attracted to the property. And it is still being pitched to this day. According to the company, the water park is still being constructed.
The timeshare owners, on the other hand, are complaining that they have been paying huge monthly fees for a water park that does not exist.
In 2005 the defendants began to market and sell time-share property, promising prospective buyers that Cascade Taverns Water Park was the central theme and the main reason to purchase timeshare property there.
To further entice buyers, the developer offered free single-day water tube passes, 50% off unlimited access, and year-round access to the water park even if they were not staying at the resort.
The pitch continues to this day.
Those who purchased a timeshare in 2009 were promised that the water park would be fully operational in two years. The same promise of “within two years” is still being made, according to the lawsuit.
Besides restitution, the plaintiffs are seeking to have their timeshare contracts voided.
They claim they have spent millions collectively on down payments, monthly payments, quarterly maintenance fees and interest “for a water park that doesn’t exist.” What’s more, “The defendants are harassing the plaintiffs with daily phone calls when plaintiffs refuse to pay for a water park that they were promised and does not exist,” the lawsuit states.
Colonial Crossings asserts that the water park is not specifically identified in contracts signed by the buyers. The water park would instead fall under the generic mention of “amenities,” and the document reserved the right to “discontinue any amenity.” On the website, the water park is among a list of “proposed” amenities.
Owners Action are a firm of specialist consultants who deal with disputes within the timeshare industry. if you feel you are the victim of a timeshare fraud or scam, contact us today for a no obligation consultation.
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