The Old Blue Seas Timeshare Scam

History of the Playa del Sol/Blue Seas Resort

Blue Seas Resort is a condominium/hotel complex consisting of 66 units.  It is more of a “boutique hotel” than a “resort”.  Of the 66 units, there are 6 full-time owners (including the two penthouses) and about 250 fraction owners (a specific 28-day period in a specific unit) who all have deeds to their property.  People began buying fractions in 1999.

Naturally, the early buyers purchased their fractions during the winter months when it is cold in the U.S. and Canada.  By 2001, all of the preferred units, and most of the winter months were sold. 

The developer quickly discovered that his remaining “off-season” and summer fractions (during the hot rainy season) were basically unsalable, so he decided to switch gears and convert his remaining fractions (just over 50% of the total available) to a timeshare operation.  Sales began in 2001.  With a timeshare, there is no deed, or guarantee of any specific week or specific unit.  Switching to timeshares allowed the developer to oversell the winter season many times over to unsuspecting buyers, who are never told how many other timeshare owners they would be competing with for a week’s stay during the winter season.

Timeshares were mainly targeted and sold to the gay and lesbian community. The name of the complex from 2001 to 2009 was Playa del Sol.  After 8 years, the hundreds, and maybe even thousands of people who bought timeshares were thrown out and told they must use their timeshares at other locations, all far away from the gay beach.  The developer was well aware that the majority of his customers were gay and wanted to stay on or near the gay beach, but was totally uncaring.  So how did he accomplish this scam?

A timeshare contract is not by and between the buyer and a building, but rather between the buyer and the corporation that owns the building.  If the building is no longer owned by the corporation, the buyer is basically out of luck.  In this case, the owner merely formed a new corporation (with a small change in stockholders) and sold the complex to the new corporation.  The new corporation, now operating under the name of Blue Seas Resort, is targeting the gay community once again and reselling the same time over again.  Based on the developers history, it is doubtful that any new buyers will ever be able use their timeshare at the gay beach location.

The New Blue Seas Timeshare Scam

What Blue Seas Salespeople tell you (The Pitch) verses Reality!

The Pitch:  Blue Seas is owned by PGM Corporation, a very reputable and well-regarded hotel and timeshare development company.

Reality:   PGM are the initials of the owner’s wife.  The owner, Ken Molinaro, is an American, living in Mexico and married to a Mexican.  He is known for scamming his customers for years.  When you Google “Ken Molinaro”, you’ll see that there is nothing but complaints.

The Pitch:  The owner decided to rename and rebrand the property from its former name “Playa del Sol” to “Blue Seas Resort” because of his desire to help strengthen and promote gay tourism here on the gay beach.

Reality:  The owner is not gay and is only interested in making money from the gay community by operating a timeshare scam and capitalizing on the success of the famous “Blue Chairs Resort”, a gay hotel just two buildings away on the beach; hence the name “Blue Seas”.

The Pitch:  This is our beautiful Model (Unit #602), and all our units are going to be refurbished like this one.

Reality:   Unit #602 is the only unit that has been refurbished since the building was built 10 years ago. It is just a “show unit” to help make timeshare sales.  The rest of the units in the building are old and may never be refurbished.  There is no provision in the contract you sign that requires Blue Seas to refurbish any more units, ever.

The Pitch:  Here are the architectural drawings for our Resort’s new Spa and Gymnasium.

Reality:  Architectural drawings are cheap.  There is nothing in your contract that requires Blue Seas to ever build a Spa and Gymnasium, or build anything else the salesperson might tell you is coming.

The Pitch:  The price of $28,000 for a one week timeshare at Blue Seas is a great deal because it includes membership in our Beach Club, which other gay couples pay $4,500 per year just to belong to.

Reality:  There is no “Beach Club” and no one has ever paid anything to belong to one.  In addition, there is nothing in your contract that even mentions belonging to any beach club.  Anyone staying at the hotel has the same amenities as a supposed Beach Club member.  This is just a way to jack up the price.

The Pitch:  The annual Maintenance Fees are only $700.

Reality:  This amount is about twice as high as annual fees from similar timeshares.  In addition, the contract provides for Blue Seas to raise your Maintenance Fees 10% per year.  Your timeshare is for 25 years.  Compounding at 10% adds up fast.  For example, in year 15 you would be paying $2,658 per year, and by year 20, the fee jumps to $4,281 per year.

The Pitch:  You can pay only 25% down and finance the balance over 7 seven years.

Reality:  The interest rate is 16%, about three times as high as it should be. In addition, you are made to sign a Promissory Note, which is then sold to a finance company in the U.S.  A Promissory Note is an unconditional promise to pay!  All notes start out with the words “For Value Received”.  These words mean that you are happy with what you got at the moment you sign it.  So even if the building burned down, you would still have to pay the total amount of the note, along with interest.

The Pitch:  A timeshare at Blue Seas Resort is a good investment for the future!

Reality:  Your timeshare at the Blue Seas Resort will be worth less than half of what you paid for it the moment you walk out the sales room door!  This is because approximately half of what you just paid went to pay marketing costs and sales commissions.   You can see for yourself what the resale market is for timeshares.   Just Google:  “Timeshare Resale’s”.

 

A Concluding Thought

If Blue Seas was an honest and reputable company selling timeshares, then why is it that prospective buyers are:  (1) never provided with any financial information about the company, (2) never told how many other timeshares have been sold that they would be competing with for a winter season reservation, (3) never given any references of other satisfied customers, (4) never allowed take the contract or any other documents out of the sales office for review, and most importantly, (5) NEVER ALLOWED TO THINK IT OVER!  

Why all the closed door secrecy and “must buy now” high pressure sales techniques?   The answer of course is that, you might discover you’re being scammed!

 

Be careful as the sales process starts by someone on the street asking you to fill out a simple survey in return for a free breakfast or lunch at Blue Seas!

 

If you have already been SCAMMED…

If you bought a timeshare between 2001 and 2009 and are not being allowed to use your timeshare at the Playa del Sol (Centro) location (the gay beach location), and you wish to join a lawsuit to try and obtain a full refund of all monies paid, with the additional possibility of punitive damages, please do the following:

  1.  Gather all the documents you have relating to your timeshare purchase.  This would include the contract, the cover sheet if there was one, the Promissory Note if you financed your purchase, and all other related documents.
  2.  Scan all these papers to PDF (Portable Document File) in black & white (to keep the size of the file low), and forward this PDF file as an email attachment to:  PDSTimeshareLegalCommittee@hotmail.com

Your documents will be reviewed and you will be notified as to whether your case qualifies to be included, be given further details about the case, and then asked if you wish to proceed.