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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117394
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My name is ***** ***** Ocejo. I have a timeshare contract

Customer Question

Customer: My name is ***** ***** Ocejo. I have a timeshare contract with Sol Melia Vacation Club, now Club Melia (GP-P-02438) that became effective June 2009. Contract originated in Puerto Rico, but all communication is through Florida (9500 S. Dadeland Blvd Suite No 300, Miami, FL 33156 USA, phone 1-***-***-****. Contract is for 120 installments (payments) and I have fulfilled contract through September 2015. Both my wife and I are on fixed income, with health problems (wife have two back surgeries and I have a knee surgery that have taken a toll on both our way of living and traveling). Our income has been reduced drastically (fixed income) and heath expenses have increased beyond our control. I expressed Club Melia in Miami, Florida that I want to surrender the contract to them because we can not continue honoring the contract. We are both 70 and 71 years old. After several phone conversations and e-mails between them and us Club Melia suggested us to formally request to them stop using my credit card for making payments and I did. Now they are sending me monthly invoices that they know I can not pay. I contacted them ones more this week and they asked me for a letter from an attorney to initiate resolution of the case. My cell phone is(###) ###-####and my e-mail address is***@******.***.
JA: Thanks. Can you give me any more details about your issue?
Customer: I think I summarized the case in my first block of information to you. Please let me know of additional specifics that you may require. My phone and e-mails is included.
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.
I am sorry to hear that you are in this timeshare trap. Unfortunately, getting out of such a timeshare after you signed a contract to be bound to the agreement is not easy. I am afraid your health conditions are not sufficient to terminate the contract. You are going to have to use a legitimate timeshare resale agency like http://www.timesharefree.com/ or you are going to have to seek to try to donate the timeshare through https://www.donateforacause.org
If you cannot sell or cannot donate, your options are pretty limited as legally you are bound in contract with them and they do not have to release you from that contract and you would have to continue to negotiate a release from them.