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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117458
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We want out of a Westgate timeshare that we were pressured

Customer Question

we want out of a Westgate timeshare that we were pressured into upgrading. Can we get out legally?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, the purpose of using written contracts is to bind individuals to agreements they make. If these contracts could be easily dismissed , the use of written contracts would be meaningless. Courts will uphold these contracts based on how they are written, so without any termination clause, they are very difficult to get out of.
One way to get out is to argue fraud, misrepresentation of the agreement and that based on that misrepresentation they coerced you into signing and that there was no meeting of the minds and thus the contract was void.
You would need to have a local consumer protection attorney represent you, because this company is very tough to deal with and they will not just agree to terminate a contract. It is going to require at the least lengthy negotiation and if there is proof of the fraud and misrepresentation possibly a lawsuit.
If they are in breach of the contract because they will not allow you to book every time you try to do so, then this is another basis to sue to terminate the contract, since their breach of the contract is basis to terminate the contract.
The only other option is to seek to sell the unit through a reputable resale company (check any company you use through the BBB before agreeing).
Customer: replied 2 years ago.
These properties can't be given away. They are for sale with owners offering to pay the person who will take it off their hands.
As for anyone "on-line" (I have researched this for more then a month) no one advertising has a credible record of negating this contract and many are SCAMS even when listed with BBB. If we stop paying, although Westgate does not report "good" payments, they will immediately report "non-payments" thus ruining our pristine credit. We are retired and do not have the 10 years it would take to wait out a bankruptcy. Yet, we can not even offer to settle the $17k contract for 50% of the outstanding balance.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am afraid that the only recourse then would be as I mentioned above to sue for fraud/misrepresentation and/or breach of contract to terminate the contract. That would be the sole recourse with a local consumer protection attorney.
Customer: replied 2 years ago.
I will leave it at that for now. We will attempt an out of court payment with Westgate to see if we can settle but we have little hope of that happening. I will come back latter for more info if I think I need it. Thank you
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
There are a couple of legitimate timeshare resale companies, but it is so hard to resell these, such as http://www.bbb.org/eastern-washington/business-reviews/vacation-time-share/be-timeshare-free-in-livingston-mt-1000006868/
Also, there is a way to donate these units sometimes to charitable organizations with minimal costs and get some tax benefits. See: https://www.donateforacause.org/?tcode=DFC-0044&gclid=CIyZjp6JlccCFYc2gQodzUUMmQ#.VcOlgUUbAnU
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