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Can I cancel a time-share contract that has "in perprtuity"

 
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  • Answered by:JD 1992
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Customer Question

Can I cancel a time-share contract that has "in perprtuity" in it?

 

Optional Information:
State/Country relating to question: California

Already Tried:
internet advise

Submitted: 284 days ago.
Category: Consumer Protection Law
Value: $30
Status: CLOSED
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Expert:  JD 1992 replied 284 days ago.

That language alone doesn't invalidate a contract. It takes more than just that language.

If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied 283 days and 23 hours ago.

Does "in perpetuity mean I cannot get out of the time-share contract?

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Expert:  JD 1992 replied 283 days and 23 hours ago.

Can you give me the exact sentence?

Customer replied 283 days and 22 hours ago.

This declaration shall remain in effect perpetually from the date of filing hereof with the Secretary of the Association.

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Expert:  JD 1992 replied 283 days and 22 hours ago.

Can you provide the language that explains what "this declaration" means?

Customer replied 283 days and 22 hours ago.

"this declaration" refers to the contract I signed when I bought time-share,Monarc h Grand Vacations.

Accepted Answer

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Expert:  JD 1992 replied 283 days and 22 hours ago.

Some in perpetuity provisions are valid, such as the agreement that they will defend title "in perpetuity". However, others are not valid, such as requiring you to pay assessments "in perpetuity". You have to look at what the phrase refers to and then what it actually does to know for sure. The timeshare contracts that I have seen all have valid "in perpetuity agreements" because the companies know that most people end up regretting that they bought a timeshare and are looking for a way out of it.

In general, the only way a perpetuity clause is illegal is if it confers rights or obligations that continue more than 21 years after the person's death.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.2 %
Accepts: 1834
Answered: 7/5/2012

Experience: Began practicing in 1992 and handled many cases and trials for consumers

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