- Nov 20, 2010
- Reaction score
- San Clemente
As far as I can figure out, no contract is signed by an owner of a timeshare who purchased it for cash (or received it for free) secondhand. The deed conveys obligations. But, it does NOT convey an obligation to own it forever and pay. If it was deeded in 2005 and dues were $390/year, and now in 2010 they're $610/year and the owner no longer chooses (or is able to) to own it and pay for said maintenance, the owner has made no commitment to do so. Any legal way of divesting it is acceptable. If it has no value and can't be given away, and the resort won't accept it, then using a company who will accept title for a price may be the best option.... but you have the obligation to pay because you signed a contract stating that you would pay.
For the person who accuses me of coming to this forum to promote a scheme, that's unfair and not correct. I'm trying to think out loud, in this forum, to find a solution for persons in this difficult situation.
I DO take responsibility for my choices. I teach my kids the same. BUT, I'm also not going to bullied into a responsibility that does not exist. That's what I'm trying to figure out here. Does a responsibility exist? It appears there is NO legal obligation to keep a free and clear timeshare I don't want. If the resort won't take it back, some of you appear to be arguing that the "Social Contract" requires I continue to pay. I disagree. By the way, at one timeshare in question, I'll be continuing to own 2 timeshares just as I divest of two, so I'm sitting in both shoes, those of the continuing owner and those of the divestor.