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Thelawman2, Lawyer
Category: Real Estate Law
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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I wont out of a time share I have paid the full amount what

Customer Question

I wont out of a time share I have paid the full amount what I don't like is paying the yearly fees , We have had this for over five years and never used it. My Wife has passed and I will never used it, I called them and ask if they would just take it. I relieved a letter from them
JA: Have you thoroughly reviewed the contract?
Customer: Saying they are turning it over to a collection agency and will put a lean on my property they are in Florida and I live in Louisiana
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do not know if I still have the contract
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Thelawman2 replied 5 months ago.

Hello, my name is ***** ***** I will be helping you today.

Without seeing what your contract says, it is unclear under what grounds you can cancel the timeshare and when you can get out of it. There are some legal reasons that you could always point to in order to get out of the contract; for instance, if the agreement never lets you get out of the agreement, then you could potentially say that the contract is unconscionable and therefore unenforceable because it is unreasonable to make you pay yearly fees forever. Additionally, there may be terms in the contract that allows you to cancel it after a certain amount of time. You should reach out to the company and ask for a copy of your contract. If they cannot produce a copy of the contract, then they are not going to be able to enforce it against you.

Second, you can also try to sell your timeshare or donate it to a charity. This would allow you to get out of paying the yearly fees for the timeshare. If you search online for charities that accept timeshares, you should be able to find a number that are willing to take it off your hands. Additionally, you can deduct the fair market value from your taxes at the end of the year.