Timeshare Exit Question

Adverse

Member
Jurisdiction
Florida
I won't go into the problems people have trying to get rid of a timeshare because that is common knowledge.

A lot of timeshare weeks are not purchased by contract; they are purchased "resale" from someone who already owns it.

Here's my question . . . If a person obtained their timeshare "resale", which means they never entered into a contract agreeing to pay maintenance fees, what recourse does the resort association have for non-payment of fees?

Can they force the payment of fees or just withhold use of the timeshare?

Can they enforce a contract that does not exist?

Thanks
 
Same as for the original purchaser. The original contract is "assigned" to the new person. It very much exists. It's a fallacy to believe the "timeshare" could be "sold" without incurring the obligations.
 
If you don't see the contract you are agreeing to when you purchase a timeshare, you're a damn fool. What makers you think it's not available? How do you know that the seller has any rights to sell you? How do you make use of the property if you don't have anything that shows you have the right to use it?
 
Just wondering, because when you buy resale, you never see the original contract.

You ask for it. If it isn't produced, you walk away. That's just common sense. Though people that end up on legal websites looking for advice have often exhibited none.
 
It's easy to transfer a timeshare without any of that, by QCD.

As far as the buyer determining whether the seller has the right to do so, or whether the week is free and clear, if the buyer wants to be assured of that, they call the resort/association. Still, no contract between buyer and seller. Those are in italics, because many of these transactions are not actual sales, just transfers for the seller to get rid of the TS.

Let me stop and count . . . I have acquired seven, and transferred seven, without a contract or any reference to the original contract.

With the glut of dissatisfied timeshare owners, it happens all the time.

Common sense or not.

:cool:
 
So what's your point? In fact, depending on the timeshare, a "quit claim" may indeed mean SQUAT. If you want to be clueless about acquisitions, go ahead. We answered the question you asked. Did you have something to ask?

Somehow I get the feeling you are getting ready to spam this forum.
 
Wow!

Sorry to bother anyone.

This does not seem to be the same forum I have been visiting occasionally for 17 years.

That's too bad.

:(
 
Hooray for you.

Are you paying all the required fees?

We always have.

It wasn't a personal question.

I have been involved in timesharing for 30 years, and I have an interest and am involved in "legacy" resorts, older resorts that are long past the days when there was an active developer, and are now being managed by owners' Associations. One thing that we deal with is the Sunset Clause, but, the biggest issue for most of these resorts is delinquent owners.

Needless to say, in legacy resorts, very few of the current owners were original owners, or even around when decisions were made putting current obligations in place.

As for my question, I look at the deeds I have saved on my computer, and there is sufficient standard legal verbiage to obligate all owners. Having said that, when you buy resale, you may not see what your obligations are until you get your copy of the deed.

Sorry for bothering y'all, and I'll try not to let it happen again.

:cool:
 
As for my question, I look at the deeds I have saved on my computer, and there is sufficient standard legal verbiage to obligate all owners. Having said that, when you buy resale, you may not see what your obligations are until you get your copy of the deed.

Not seeing and understanding of what the deed obligates a buyer to is the fault of the buyer.
 
Not seeing and understanding of what the deed obligates a buyer to is the fault of the buyer.

Yeah, if the buyer sees the deed before they buy, which they don't. The Seller executes it.

But, no big deal. I got my answer . . . that the verbiage on timeshare deeds obligates all owners, current and future, with or without a contract/sales agreement.
 
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