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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100001
Experience:  Lawyer
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I am looking to get out of my timeshare. I just noticed in

Customer Question

I am looking to get out of my timeshare. I just noticed in the membership contract I agreed to pay in odd years and they have been charging me in even years with additional late fees. Would this be ground for release from the contract.
Submitted: 6 months ago.
Category: Canada Law
Expert:  Debra replied 6 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 6 months ago.

I am sorry to hear this.

Where is the timeshare located?

Customer: replied 6 months ago.
Collingwood Ontario. It is th Georgian Manor resort
Expert:  Debra replied 6 months ago.

Did you ask them why they are charging you in the wrong years and then also charging you a late fee?

Customer: replied 6 months ago.
Their last communication with me (Oct 12th) stated if I did not pay my 2017 membership fees within 30 days (which I haven't ), they would suspend my membership and begin collections. The contract states "I/we wish to have our usage fees billed in_______ ODD YEARS _______ EVEN YEARS". With the ODD YEARS checked.No, I have not asked them why. I wish to get out of the contract and am wondering if they have suspended my membership, does that constitute a breach of contract on their side.
Expert:  Debra replied 6 months ago.

The suspension means they will not let you use the timeshare but will sue you for what you owe.

Not to pay is not a valid reason to get out of the contract.

And it is not likely the case that their making a mistake and billing you in the wrong year is enough either.

If you sue all you could most likely succeed in doing is getting an order that you have to pay in odd years and that you don't owe any late fees.

If you can find some way to argue that they materially mis-represented you so that you are not getting what you paid for then you would have a chance to get a court to set aside the contract.

Do you see what I mean? I do know this is not the answer you were hoping for and I am sorry about that.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 6 months ago.
If they were to deny me services due to their belief I am in arrears, would that constatute a breach of contract.
Expert:  Debra replied 6 months ago.

I don't believe that is what a court would find unfortunately.

But you can try taking that position but only after you send a letter correcting their error and then see whether they agree to or not.

Customer: replied 6 months ago.
Thank you for the information.
Expert:  Debra replied 6 months ago.

You are very welcome.

If we are done please rate me before you leave the site so that I can receive credit for my work.

Thanks and have a peaceful and joyous new year.

Expert:  Debra replied 6 months ago.

Is there anything more I can help you with at this point in time?

Customer: replied 6 months ago.
Not at this time. Thank you
Expert:  Debra replied 6 months ago.

You are very welcome. Could you please rate me now so that I can get paid. The site will not release my portion of what you pay them to me until you rate me.


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