How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalGems Your Own Question

LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3688
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
63726236
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

Is there a way to get out of a timeshare contract that is a

Resolved Question:

Is there a way to get out of a timeshare contract that is a year or two old?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. What state is this in regards to?

LegalGems :

And what would the basis for attempting to cancel the contract?

Customer:

We're in New Mexico, but the company is Westgate in Nevada

LegalGems :

And where was the contract signed (if physical signing)?

Customer:

I'm not sure we have a basis, but they're trying to renegotiate a new, lower payment contract that goes on for years.

Customer:

Signed in NV

Customer:

I'd just like her to get out of it somehow so her not so good credit doesn't negatively impact me....

LegalGems :

If they are trying to renegotiate, you would not need to consent to that. Are they refusing to honor the original contract, or do you just want out, so to speak?

Customer:

I'd like her out of it.

LegalGems :

Let me see if I can find anything. Some states have very extensive consumer protection laws. Generally you need some kind of justifiable reason however.

Customer:

We're in no hurry, I'm just starting to look into this.

Customer:

There is something called an WDIL Warranty Deed in Leiu of Foreclosure that sounds interesting.

LegalGems :

OK. I'll be a few minutes. Do you know why they are trying to renegotiate? Just to lock her in for longer? And are they still willing to honor the terms of the original contract?

LegalGems :

I see. I think I get where you are coming from.

LegalGems :

You may want to have her look into donating it to charity. Then she will at least have a write off, versus walking away with nothing. There are certain organizations that will take timeshares.

Customer:

They are adhering to everything. She was trying to renegotiate a smaller monthly payment, this is the plan they came up with. It's horrific.

Customer:

Listen, my goal is credit report protection, period. The money is gone, I just want her extricated from these guys without a foreclosure on her credit

LegalGems :

Did you see my above post about charity?

Customer:

I did, and it sounds fine, but will it get us away from Westgate without major credit dings?

Customer:

We don't want any money

LegalGems :

Yes, as the charity takes over the obligations. Most people aren't aware of this option, and favor it because of the tax write off.

Customer:

So the charity pays Westgate?

Customer:

Again,

Customer:

1) no credit badness

Customer:

2) we don't need a writeoff or money

LegalGems :

As long as the charity is willing to assume it and the timeshare permits it, yes. It depends on the value of the timeshare.

Customer:

Is there a plan B?

Customer:

another option to get out?

LegalGems :

let me check one option - not sure if its applicable to timeshares.

Customer:

it sounds like they won't take it if they can't sell it, and I'm unsure if it's sellable....I have to assume not....

LegalGems :

You can try a quit claim deed to the timeshare company. It is within their discretion to accept it (keeping in mind that they can then resell it for 100% profit) and doesn't negatively affect a credit rating like a DILF.

Customer:

what's a DILF

LegalGems :

Deed in Lieu of Foreclosure -(sorry!)

Customer:

Do you know what filing a DILF will do on a credit report? Will is show a foreclosure?

LegalGems :

No, it shows as the actual "deed in lieu of foreclosure" and it generally affects the score by 80-150 points so it is substantial - that's why the quitclaim deed, if accepted, would be preferred as this simply transfers any ownership interest back to the company.

Customer:

Got it. I have lot more info than when I started. Thanks!

LegalGems, Lawyer
Satisfied Customers: 3688
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 4 other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 1 year ago.
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful. Timeshares can be quite the hassle to get rid of but some people love them (they seem to be in the minority though).

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

Please be sure and complete the customer satisfaction survey the site will be sending you so that I can continue to provide affordable information to our customers. Thank you!

PS- thanks for the bonus- much appreciated!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas
 
 
 

Related Consumer Protection Law Questions

Chat Now With A Consumer Protection Lawyer
LegalGems
LegalGems
Consumer Protection Lawyer
3688 Satisfied Customers
Research Attorney; Private Practice; Attorney Mentor; Mediator