Collections Law/Time Share

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Expert: Ontrack Financial Group llc - 11/12/2008


Question
We have paid off our worthless timeshare in full and now are refusing to pay maintainance and taxes as it property is worthless and not maintained- can't sell or donate it - tried it all - do we have any legal standing, they are threatening collection.

Answer
Dear Dawn,

Thank you for your question.

Take some time and re-read the contract provision concerning general maintenance and upkeep.  

The timeshare company has legal obligation for maintenance ( among other performance issues), the breach of which can result in liability. In a lawsuit a plaintiff must claim and prove that there was a duty by defendant to plaintiff. This can be a duty of care in a negligence case or a duty to perform in a contract case.

If the property wasn't maintained according to the terms of the contract you should consult an attorney in your state to take a look at this case.  

In a matter of paying the M&T, if I was in this situation I would make sure to pay it.  ****Then file suit for non performance.

If your looking to dump the property visit the following site.  

www.cash4mytimeshare.com  They may be able to assist you.  

Best Regards,

Eddie Saleh

Ontrack Financial Group llc

Collections Law

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