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 JBaxLaw Your Own Question

JBaxLaw
JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11313
Experience:  Experienced Real Estate Attorney! How may I help you?
16110456
Type Your Real Estate Law Question Here...
JBaxLaw is online now
A new question is answered every 9 seconds

I have a paid membership in a Recreational Vehicle camp site.

Resolved Question:

I have a paid membership in a Recreational Vehicle camp site. I signed a contract to pay $6000 for the use of this and other associated campsites throughout the country.
Due to physical disability, my wife and I can no longer travel the country to camp as was our original intention. I am 65 and my wife is 62.
I advised the manager at the end of February that due to medical problems we needed to cancel our membership.
After numerous conversations the campsite owners were adamant, stating regardless of the circumstances they would not release us from this contract.
The way I see it there is no "real property" there.
They provide a place to park my RV for a period of time (2 weeks max). and this is only if they are not full up. There are no reservations.
They threaten to ruin my credit if do not fulfill the full terms of the contract.
It's a 7 yr. term. Balance due $4000.(89.79 per mo.)
First of all, is this legal?
If legal, under “real property law”, what type of contract is it?
I live in new York state.
Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  JBaxLaw replied 1 year ago.

AttorneyJohnJ :

Hello, I am a professional here to assist you. I appreciate your use of this service.

AttorneyJohnJ :

Please say Hello when you are ready to proceed

AttorneyJohnJ :

This is known as a membership camping contract under NY state law.

AttorneyJohnJ :

The following link is the chapter of law governing these campgrounds and your contract. See:

AttorneyJohnJ :

http://codes.lp.findlaw.com/nycode/GBS/31

AttorneyJohnJ :

The law requires that you receive a disclosure with specific information at the time of signing the contract.

AttorneyJohnJ :

For example, that you may cancel within three days of entering the contract.

AttorneyJohnJ :

Failure to provide the required notice may result in civil penalties.

AttorneyJohnJ :

All of this is included in the chapter I provided above.

AttorneyJohnJ :

The law does not state a member may terminate due to illness or any other reason. Beyond the three day cancellation period, the member is bound to the contract term. If the member breaches, they may face a civil suit to by the campground to recover damages.

AttorneyJohnJ :

You are paying for a license to use property under the contract. This is an enforceable obligation. There are exceptions such as if the campground breaches the contract first.

AttorneyJohnJ :

Also, while a creditor such as the campground may be able to file suit it may do no good.

AttorneyJohnJ :

Retirement payments such as Social Security cannot be reached even when such a creditor obtains a judgment. The ability to satisfy a judgment can be limited.

AttorneyJohnJ :

You may consider submitting a request for accommodation if you feel the facilities are lacking what you need to use the park due to a disability. In lieu of making such changes, the park may agree to mutually terminate the agreement.

AttorneyJohnJ :

Please follow-up with me when you are available.

AttorneyJohnJ :

I rely on excellent ratings and optional bonuses to provide this information. Please take a moment to leave a positive service rating.

AttorneyJohnJ :

Thank you and have a good day

AttorneyJohnJ :

I will await your follow-up

Expert:  JBaxLaw replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

Thank you for your prompt response. I did not know that campgrounds had their own set of rules as far as NYS law goes.


 


Is this in anyway considered a "timeshare". If so they did not use that term anywhere in the contract. This is a violation of NYS law as per the Attorney Generals office.


 


I wanted to use this as leverage. If it is in no way a timeshare, then my question has been answered and I thank you for your time and information. Good day

Expert:  JBaxLaw replied 1 year ago.
This appears to be a campground membership contract which is not a timeshare. A timeshare is a distinct for of fractional ownership where as with a campground membership contract you are only granted a license to use property. You would not see the term "timeshare" used in reference to one of these campground memberships.

Please let me know if you need anything else and please take a moment to leave a positive service rating.

Thank you
JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11313
Experience: Experienced Real Estate Attorney! How may I help you?
JBaxLaw and 9 other Real Estate Law Specialists are ready to help you

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:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.