I purchased a timeshare on 1-27-07 with written documentation that if another timeshare I already owned didn't sell within a year of this purchase, the company would buy back the timeshare and refund the full purchase price of the timeshare that I purchased. In November, 2007, I contacted the Manager of the company and he reluctantly agreed to buy it back as of 1-27-08, the cycle date.
I spoke with the manager several times between January and April of 2008 regarding the buy back and each time I was told that the funds weren't available to do the transaction but would be shortly. Finally, on April 15, 2008I signed over the deed for the timeshare back to the company and received a full refund of the purchase price.
To my shock in August, 2008, I received call from a collection agency saying that I owed the Homeowners dues of $600.00 plus late fees for fiscal year 1-1-08 through 12-31-08 for this timeshare that I no longer own. I have since had many discussions with the same manager as well as the Homeowners Association regarding this. Each insists that the owner on record as of the date the dues notice is sent out, 12-15-07, is responsible for the entire amount of these dues.
My contention is that the dues should be the responsibility of the company as they now own it. The documentation states that it should have bought back on 1-27-08. However, I was patient in waiting until 4-15-08. In the worse case scenerio, I would think it should be common real estate law to prorate the dues as of 4-15. The documentation states as of 1-27 that it should have been bought back so that would be the best case.
I am in the process of scheduling a small claims case against the company and would appreciate some good advise if I have a solid case and if so, where I could find definitive legal documentation to present to the court.
I spoke with the manager several times between January and April of 2008 regarding the buy back and each time I was told that the funds weren't available to do the transaction but would be shortly. Finally, on April 15, 2008I signed over the deed for the timeshare back to the company and received a full refund of the purchase price.
To my shock in August, 2008, I received call from a collection agency saying that I owed the Homeowners dues of $600.00 plus late fees for fiscal year 1-1-08 through 12-31-08 for this timeshare that I no longer own. I have since had many discussions with the same manager as well as the Homeowners Association regarding this. Each insists that the owner on record as of the date the dues notice is sent out, 12-15-07, is responsible for the entire amount of these dues.
My contention is that the dues should be the responsibility of the company as they now own it. The documentation states that it should have bought back on 1-27-08. However, I was patient in waiting until 4-15-08. In the worse case scenerio, I would think it should be common real estate law to prorate the dues as of 4-15. The documentation states as of 1-27 that it should have been bought back so that would be the best case.
I am in the process of scheduling a small claims case against the company and would appreciate some good advise if I have a solid case and if so, where I could find definitive legal documentation to present to the court.
