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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97489
Experience:  Lawyer
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Geo Holiday timeshare. I am a senior unable to travel now. I

Customer Question

Geo Holiday timeshare. I am a senior unable to travel now. I want to be released from this timeshare. Can this be done with little expense? I have had to borrow each year to cover the maintenance fees and now running out of funds. Could I process documents with the courts myself to save money?
JA: Have you thoroughly reviewed the contract?
Customer: Oh yes, I have been paying the annual fees..no loans with Geo Holiday
JA: Has anything been filed or reported?
Customer: No, I am looking at my budget for year-end and for that reason just looking at my situation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is a floating time originally 40 years and approx. 20yrs. left perhaps less
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 4 months ago.

I am sorry to hear this.

Does the contract allow for early termination at some cost to you?

Customer: replied 4 months ago.
No I don't see that in the contract
Expert:  Legal Ease replied 4 months ago.

Have you tried to sell it?

Customer: replied 4 months ago.
Is there any news yet on my situation?
Expert:  Legal Ease replied 4 months ago.

I asked you a question at noon and you never replied back. Here it is again:

Have you tried to sell it?

Customer: replied 4 months ago.
I have responded. No, Geo advised that any sale would be like a sub-contract and that if the buyer were to fail making annual maintenance fee that I would be expected to continue fees.
Expert:  Legal Ease replied 4 months ago.

Your earlier response did not post.

Did you get what you paid for over the years or were you mis-represented and never really got what you were told you would get?

Customer: replied 4 months ago.
The sales person at the time of purchase said the company would take back the timeshare if and when we no longer could make use of them. However, it was not written into the contract. The company said there is no way out of the contract that is why i"m seeking legal alternatives.
Expert:  Legal Ease replied 4 months ago.

That is great, if you can prove it.

But generally these contracts do not allow for early cancellation and it doesn't matter how old you are or why you cannot use the timeshares.

So in most cases my answer would have been you cannot take them to court but they will take you and will win.

But if you were told you could cancel at any time then they cannot hold you to the contract.

But it will come down to proof.

If you have a witness that heard this promise you may be OK.

What I suggest you do is retain a lawyer to send them a letter stating you were told you could cancel at any time and you relied on that representation and you are cancelling now.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 4 months ago.

Is there anything more I can help you with at this point in time?