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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11710
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I purchased a timeshare in October 2012 and paid to the resort

Resolved Question:

I purchased a timeshare in October 2012 and paid to the resort the maintenance fees for 2013 for the rm in June. I came down to use the rm and the resort told me that the other private party I bought from deposit the week to RCI in 12-2011 and it was not available to me. RCI also said to was deposit and not available to me. My question is Do I have the right to this rm for my vacation in June of 2013?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,

 

I am sorry to hear about your timeshare situation. Since you purchased and paid for the timeshare, you have the right to vacation during your timeshare period. If the Timeshare does not permit you to use your Timeshare during the vacation period designated for your Timeshare because there are outstanding unpaid fees which your seller should have paid, your recourse would be against the seller. The seller should reimburse you for any fees you paid which should have been paid by the seller, but also for the loss of use of your Timeshare unit. If the seller refuses, you can file a lawsuit against the seller for reimbursement, damages, and misrepresentation,

 

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Customer: replied 1 year ago.
Does the Driftwood Inn resort have the right to refuse us our room because the previous owner banked the weeks through RCI prior to our purchase date. The Driftwood has our deed but still said it was banked and would not give us our room. Is that right of Driftwood.
Expert:  Andrea, Esq. replied 1 year ago.

Since the Driftwood Inn is not a party to the transaction between you and the seller, they would have no way of knowing what arrangements or agreements you and your seller had. And, since Driftwood had a record of your seller banking those weeks prior to the sale, it had no choice. Your seller had an obligation to you to either withdraw its request for the room, or made an agreement with you to give you a concession on the purchase price. But, either way, and in any event, Driftwood and RCI were not parties to the transaction between you and your seller and, therefore, your recourse was and still is against the seller who should compensate you in all respects as I outlined in my previous Answer, If the seller refuses, you can file a lawsuit against the seller for reimbursement, damages, and misrepresentation,

 

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Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Customer: replied 1 year ago.
Last question... Do I need a police report? Do I need to file this in Florida, since the timeshare is in Florida or can I file in Michigan were I Live. And is this considered real estate fraud?
Expert:  Andrea, Esq. replied 1 year ago.

You do not need a police report; In fact, I do not believe that the police in either Florida, or Michigan would file a police report on this. They would tell you that this is a civil matter because (1) It does not rise to the level of a crime; and (2) you have a civil remedy, i.e., file a lawsuit against the seller for the damages I listed in my previous Answer,

 

 

_________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

 

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11710
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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