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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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this is bout timeshare that we signed papers on in Cabo mexico,

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this is bout timeshare that we signed papers on in Cabo mexico, is it a legal document in the united states? and is it a legal document when they were serving us alcoholic beverages before and durin signing the papers?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, in what state do you reside? Also, how long ago did you sign this agreement? I promise to answer your questions once I obtain this necessary information, thank you!
Customer: replied 3 years ago.

I live in loiusana and we signed it alomost 2 years ago

Thank you for your follow-up, Barrett.

To answer your questions directly, a contract signed overseas is still binding in the US. So long as the contract itself was valid in nature, the contract can still be enforced against you should you come back to the US and choose not to honor the initial terms. The reason I asked about timing is that timeshare agreements especially are heavily regulated in the US, and depending on the state, there may be a 3 to 7 day right to cancel the contract even if the contract does not inherently provide such language in the terms. As this contract is 2 years old this potential option is not able to be pursued at this time.

As for alcohol, there is a bit of a myth and a misconception that drinking negates liability or the ability to enter into a contract. That is not true--it can be used as a defense and only if the other person knew that the contracting party had diminished capacity and did not realize what he was signing (for example he thought he was signing a bar tab and he signed the contract), then this defense is possible. But if the parties had a general understanding of the contract, the contract is binding against both.

Good luck.

Dimitry K., Esq. and other Legal Specialists are ready to help you
Customer: replied 3 years ago.

So there is no way out of it?


Thank you for your follow-up. After two years the only options available are to sell the timeshare to another (if you find a buyer), donate it to a charity if they agree to take it, sell it back to the time share if they agree to buy it back, or seek to remove the debts via bankruptcy. Otherwise the contract remains valid and binding against you so long as the timeshare remains under your name.

Good luck.

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