Information Regarding a Westgate Class Action Lawsuit
- by Ayden
A class action lawsuit was filed against Westgate Resorts by individuals who bought their timeshares through the company’s Red Rock timeshare resale program. According to legal news, Westgate Resorts employs high-pressure tactics to encourage potential buyers into purchasing its timeshare packages, including false advertising. Also, a recent class action lawsuit claims that Westgate improperly provides access to its timeshares and does not properly provide material and disclosure information to potential buyers.
In a class action lawsuit, multiple plaintiffs bring suit together in one lawsuit against a single entity. Each of the plaintiffs in the case bring their individual claims against defendant-plaintiffs’ attorney defendants. In the case of the Red Rock timeshare suit, plaintiffs brought lawsuits directly against Red Rock properties themselves and not against defendant-plaintiff’s attorneys. The lead plaintiff in this case brought her suit against both the company and its president.
Plaintiffs-plaintiffs argue that the defendant defendants did not disclose material information and facts about the timeshare opportunities at the Red Rock properties when the timeshares were offered to them. Specifically, the plaintiffs-plaintiffs claim that defendant failed to inform them that the property at issue was a timeshare. Also, the plaintiffs claim that the defendant did not inform them that the timeshare was not an “in common” property and that the sales contract did not provide any liability protection. Finally, they claim that defendant did not disclose that the timeshares were held on behalf of another entity and did not provide any disclosure about what entity held the timeshares at issue. Essentially, plaintiffs say that they were misled into purchasing the Red Rock timeshare packages from defendant through deception.
plaintiffs are seeking compensation for the cost of purchasing the Red Rock timeshare package, including the cost of plane tickets, hotel accommodations, meals and other expenses incurred during the vacation trip. The bulk of the complaint focuses on the fraudulent act by defendant. The complaint further claims that defendants breached their fiduciary duty and acted in bad faith in selling the timeshare to plaintiffs. Plaintiffs seek damages for the emotional distress, physical disability and mental anguish suffered as a result of being forced to abandon their lives and reside in a timeshare resort while they await a chance to have their claims resolved. In addition, plaintiffs are seeking damages for their loss of enjoyment of the Westgate vacation community and for the financial damage that the sale of the timeshare caused them.
The defendant is responsible for monitoring plaintiffs’ activity on the Internet website. If the company detects that any of the information posted on the site was untrue or defamatory of the company, it has a duty to remove the inaccurate information. According to the class action lawsuit, after plaintiffs became aware that the information was untrue, they brought this claim against defendant. The court found that defendant did not violate the Fidaa’s Duty Reassurement provision in the Real Estate Settlement Procedures Act (RESPA). Because the RESPA act addresses specific situations that arise after the sale of a timeshare, the court found that the statute does not apply in this case.
Plaintiffs and their representatives can learn more about the legal issues involved in this case by contacting a personal injury attorney. A qualified attorney can advise you of your rights as well as the steps you need to take if you find yourself a subject of a Westgate class action lawsuit. You do not have to choose to accept a settlement offer if you do not feel you have been properly compensated. You may have to go to court to obtain compensation for your loss. For more information on how to determine if you have a case and the possible outcomes, contact an attorney who is a member of the Palm Beach Atlantic Law Association and the Florida Commercial Lawyers Association.
A class action lawsuit was filed against Westgate Resorts by individuals who bought their timeshares through the company’s Red Rock timeshare resale program. According to legal news, Westgate Resorts employs high-pressure tactics to encourage potential buyers into purchasing its timeshare packages, including false advertising. Also, a recent class action lawsuit claims that Westgate improperly provides…
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