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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32319
Experience:  Began practicing law in 1992
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The timeshare condo we own in Texas is billing the owners

Customer Question

The timeshare condo we own in Texas is billing the owners for repairs to the building due to their neglect over many years. Repairs are about 3 million dollars???. We are reluctant to pay do to the poor condition of the condo, in South Padre Island.
Please advise if there is way too out of this.
JA: Have you thoroughly reviewed the contract?
Customer: WE have owned the condo over ten years. I would have to go to my bank to find the paper work.
JA: Has any paperwork been filed?
Customer: The deed? was filed in Brownsville TX
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing that I can think of right now.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

Did the condo tell you on what they were basing their billing? Not the repair, but the authority to bill you?

Customer: replied 2 months ago.
The building is closed for repairs, due to state inspectors said they would have to have to make the repairs being the building did not PASS state inspection.
Expert:  Dwayne B. replied 2 months ago.

I was talking about why they think you (and other owners) should pay for it. Is it based on a rule or regulation, etc?

Customer: replied 2 months ago.
Where would I find out the answer to your question. I was talking about why they think you (and other owners) should pay for it. Is it based on a rule or regulation, etc?
Expert:  Dwayne B. replied 2 months ago.

It should be in the notification that they sent you advising how much you owe or, at least, that's where it would normally be.

Customer: replied 2 months ago.
They sent owners an invoice for the amount. No estimated cost from the company, with a break down that quoted the repairs to meet code. My source said about, $3 million! I have received three notices.
Expert:  Dwayne B. replied 2 months ago.

All right. What specific question did you have for me?

Customer: replied 2 months ago.
How do I get out of this, my wife & we do not have or want to pay the amount they are asking for. We believe the maintenance fee will be higher than last year. There are sites that say they can get you out of your time share for a fee of course, can they, what can you do?
Expert:  Dwayne B. replied 2 months ago.

The places that say they will get you out of the timeshare are usually a scam. They will take your money and then not do anything for you.

The only way to get out of a timeshare, not to continue owing money or incurring debt for additional repairs, is to file a bankruptcy. That wipes out the debt and allows you to "give up" the timeshare.

Those are really the only options unless you can find a reason to sue them to get out of the contract. The amount they are billing you for now could, potentially, be a breach of contract and you should get a local lawyer to review everything to see if that is a possibility.

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