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I bought a timeshare in December, 1988 and I have recently…

Customer Question
I bought a timeshare...

I bought a timeshare in December, 1988 and I have recently discovered that many material facts were not disclosed by the salesman during the sales process. Had they been disclosed, I would have walked away. Is it too late to try to get the contract declared null and void?

Lawyer's Assistant: Have you thoroughly reviewed the contract?

I will be doing that tomorrow. I was told tonight that the following are stndrd terms: 1) My heirs are required to inherit the timeshare and must continue to pay the maintenance fees. 2) The timeshare I bought is not real property nut a membership. 3) My maintenance fees can continue to rise each year and I have no recourse. 4) IIf I walk away from the payments, I can be sued.

Lawyer's Assistant: Have you contacted the manufacturer?

Not yet.

Submitted: 4 months ago.Category: Consumer Protection Law
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Answered in 11 minutes by:
3/12/2018
Consumer Protection Lawyer: Gerald, Esq, Attorney replied 4 months ago
Gerald, Esq
Gerald, Esq, Attorney
Category: Consumer Protection Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Consumer Protection Lawyer: Gerald, Esq, Attorney replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

After 30 years it is going to be impossible to have the contract voided for mistake, or even fraud. The statute of limitations on these issues have long ago expired.

BUT you may be able to get out of the agreement. There are reputable companies that do work to get you out of these agreements.

Also the Perpetuity Clause which look to burden your heirs with the time share may be avoided, and is likely not enforceable.

Your heirs can not be forced to accept it. By completing a written disclaimer document, your heirs can decline the timeshare. A notarized letter or statement refusing the timeshare iworks. BUT your heirs only have nine months from the date of your death to submit the disclaimer to the court. Once the court approves the disclaimer it is irrevocable. The asset will pass to the next beneficiary in line who also can disclaim.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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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).

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