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I own a rental property in a resort in South Carolina. When…

Customer Question
I own a rental...

I own a rental property in a resort in South Carolina. When we bought it, the amenities were included in the contract, pool, gym and beach shuttle. New management removed us from the rental program, we got our own realtor for rentals. We then had to pat $2,500.00 for an amenities package for 50 weeks. Just this year, the resort contracted with Wyndham Resorts for their time-share properties. I was just told by our realtor that management will no longer offer the amenities package, leaving our unit basically useless to vacationers. Is this legal?

Lawyer's Assistant: Have you thoroughly reviewed the contract?

We did when we were removed from the rental program. They've been acting like a little mafia in this resort.

Lawyer's Assistant: Has any paperwork been filed?

No, I haven't received the letter yet, just the phone call. A class action lawsuit between the 24-26 owners was mentioned.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
12/7/2017
Real Estate Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,382
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: Unfortunately, unless you had a contract in place stating that the amenities package was part of the unit and could not be cancelled without your consent, the resort has the right to discontinue the amenities package. I am sorry that I do not have better news for you, but hope it will not affect your rating of my service.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 7 months ago
If no such writing exists, is it legal?
Customer reply replied 7 months ago
are you telling me I only get 1 question without a follow-up?
Real Estate Lawyer: Roy Hadavi,
 replied 7 months ago

No, you get as many as you need to feel comfortable about this topic. Please give me a moment, I am typing a response.

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Real Estate Lawyer: Roy Hadavi,
 replied 7 months ago

If there is no writing, it makes it a very difficult argument to have the amenities remain. You would have to argue either detrimental reliance or implied contract either of which are difficult to prove. If you wanted to go that route, you would want to have a local attorney prepare a demand letter to the resort for the amenities package to be reinstated. If they do not respond or refuse, you would have to pursue litigation against them in order to get the amenities package reinstated.

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Customer reply replied 7 months ago
This involves approximately 25 owners, we will be getting together hopefully and taking action. It just seems like a strong-arm tactic by the resort.
Real Estate Lawyer: Roy Hadavi,
 replied 7 months ago

Not so much a strong arm tactic, as trying their luck to see if you will fight back.

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Customer reply replied 7 months ago
I feel strong-arm so they can offer nothing for my unit and walk away with a nice profit. Also I don't think we will fight back. This will involve Wyndham Resorts who just got involved with the resort.
Real Estate Lawyer: Roy Hadavi,
 replied 7 months ago

I understand.

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Customer reply replied 7 months ago
Thank you for your time and input.
Real Estate Lawyer: Roy Hadavi,
 replied 7 months ago

You are very welcome.

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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