Attorney General's News Release

March 10, 2003

Nixon obtains agreement requiring business reselling Branson timeshares to reimburse consumers

Jefferson City, Mo. —Consumers who paid up-front fees to a company that promised to resell their properties in Branson and other vacation spots may be able to recover their money, Attorney General Jay Nixon said today. Nixon obtained an order last week from the Stone County Circuit Court requiring John Dunn and his business, Resort Mart Inc., to pay $25,000 in restitution and penalties. Resort Mart, based in Arkansas, also did business under the name Century 21 Resort Mart.

Nixon said Resort Mart offered a resale service for consumers seeking buyers for their timeshare properties. Consumers were required to pay an up-front fee for a listing agreement which provided that Resort Mart would advertise the property and try to find a buyer.

Nixon said his office received numerous complaints from consumers who purchased the service, but whose property was never sold. Most of the complaints detailed misleading statements made by telemarketers that the company would be able to find a buyer for their property in a short period of time. Other complaints focused on the lack of effort made by Resort Mart to find a buyer for their timeshares.

"Branson is one of Missouri's premier vacation destinations for people throughout the country," Nixon said. "I am pleased we are able to further protect this asset by providing restitution to consumers in this situation."

Under the order signed March 4 by Stone County Circuit Judge Edward Sweeney, Resort Mart will be required to pay $25,000 to the state of Missouri as restitution for consumers who purchased the service. The agreement also requires Resort Mart to accurately disclose the services provided for payment of the up-front fee, that a refund may be obtained within five days of receiving written notification of the terms of the agreement, and that Resort Mart cannot misrepresent the likelihood that a timeshare will be sold as a result of purchasing an agreement.

Nixon said consumers who signed a listing agreement with Resort Mart may file a claim for reimbursement with the Attorney General's Office by May 3. Consumers can go online to file a consumer complaint form or can call the Consumer Protection Hotline at 1-800-392-8222.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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