Have Legal Questions? Ask a Lawyer Now.
I live in loiusana and we signed it alomost 2 years ago
Thank you for your follow-up, Barrett.To answer your questions directly, a contract signed overseas is still binding in the US. So long as the contract itself was valid in nature, the contract can still be enforced against you should you come back to the US and choose not to honor the initial terms. The reason I asked about timing is that timeshare agreements especially are heavily regulated in the US, and depending on the state, there may be a 3 to 7 day right to cancel the contract even if the contract does not inherently provide such language in the terms. As this contract is 2 years old this potential option is not able to be pursued at this time.As for alcohol, there is a bit of a myth and a misconception that drinking negates liability or the ability to enter into a contract. That is not true--it can be used as a defense and only if the other person knew that the contracting party had diminished capacity and did not realize what he was signing (for example he thought he was signing a bar tab and he signed the contract), then this defense is possible. But if the parties had a general understanding of the contract, the contract is binding against both.Good luck.
So there is no way out of it?
Barrett,Thank you for your follow-up. After two years the only options available are to sell the timeshare to another (if you find a buyer), donate it to a charity if they agree to take it, sell it back to the time share if they agree to buy it back, or seek to remove the debts via bankruptcy. Otherwise the contract remains valid and binding against you so long as the timeshare remains under your name.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).