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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A freind of mine signed a contract with me for a timeshare.

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A freind of mine signed a contract with me for a timeshare. She stated if I made the monthly payments she would reimburse me her half for the year once a year. In four years she has only paid $200, I have paid $207 every month along with a once $785 for maintenance fees. Do I have a case to take her to court to reimburse me half? I asked her to pay her share up to date then remove her name from the lease and she would not incur any more charges.

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Unless you have a written contract with her in place, then her statement is not enforceable. It has to be in writing. Assuming there is no written contract between the two of you, she is liable (as you are) to the other party for any nonpayment, however, you cannot enforce your personal agreement with her unless there is a written contract in place.

This is because of two reasons:

1) She can simply deny it ever took place, and

2) Contracts for more than a year in duration have to be in writing to be enforceable. See PA's statutes § 2201 (Title 13, Commercial Code).

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Customer: replied 7 months ago.
We have a signed contract by the both of us for this timeshare