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transfer title exit [canceling ebay purchase]

Harry Pierre

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I won a timeshare bid on ebay through sumday vacations,after exchanging
all the informations necessary with the seller.At the end of the final transfer
agreement,i decided not to sign and walk from the deal.
Will i be charged for breach of contract?



Harry
 

vacationhopeful

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Harry,
Sumday Vacations regularly reads and posts here on TUG. I believe you will get you answer shortly OR you could just PM him (Jeff) and offer a settlement (yes, money you would send him) to pay for his out-of-pocket costs to re-list that timeshare on eBAY.
:wave: Welcome to TUG!
 

ronparise

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I wouldnt charge you for breach of contract? ie I wouldnt get the courts involved to force to to go through with the deal...but I would keep your money

Perhaps, if you ask real nice he will re sell it and if he gets more than what you paid return some of your money

ie I doubt that he wants to collect twice for the same week
 

Rent_Share

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Despite what any seller might add in text to his listing eBay "real estate" auctions are not binding

You are free to walk away

http://pages.ebay.com/help/policies/non-binding-bid.html

A non-binding bid is a bid that shows a buyer's interest in purchasing an item, but it doesn't create a formal contract between the buyer and the seller.
All bids made in the Real Estate and eBay Motors vehicles categories are considered non-binding.
Remember, bids placed in any other category are a legal commitment to purchase the item. We strongly encourage you to read the fine print for more information.
Make sure your listing follows these guidelines. If it doesn't, you may be subject to a range of actions, including listing removal, limits on your buying and selling privileges, and suspension of your account.


Buyers shouldn't bid on an item unless they intend to buy it. However, completing the purchase may depend on things like inspections and financing. We strongly encourage sellers to include information in their listings about the requirements a buyer will need to follow (such as deposits, transfer paperwork, and transportation options) after the listing is over.​

While eBay can't guarantee the completion of the sale or require members to complete a sale when a listing isn't binding, our rules require sellers and buyers to follow through with the sale in good faith.



In most cases, a bid on eBay is a legally binding contract between the buyer and the seller. Due to state laws and the complexities of real estate and vehicle transactions, bids in those categories are non-binding.​


This is supported additionally buy a flat fee to list and flat fee to sell as opposed to a percentage, to stay clear of all state laws regulating the sale of real estate
 
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Beefnot

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I won a timeshare bid on ebay through sumday vacations,after exchanging
all the informations necessary with the seller.At the end of the final transfer
agreement,i decided not to sign and walk from the deal.
Will i be charged for breach of contract?



Harry

If "at the end of the final transfer agreement" means sometime after you signed a purchase agreement, then that is a contract that would be legally binding should the seller choose to enforce it. It would no longer simply be a non-binding bid at that point.
 

ronparise

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I understood that the op did complete his due diligence and entered into a contract. as he said "after exchanging all the informations necessary with the seller."

actually if this is in a State where the buyers signature is not needed on the deed, I wouldnt be surprised if he already owns it
 

bogey21

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Making the decision to not go through with the purchase is better than trying to figure out what to do with a Week you don't want after you own it. The honorable thing to do is work out a payment to the Seller to compensate him for his costs.

George
 

Beefnot

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I understood that the op did complete his due diligence and entered into a contract. as he said "after exchanging all the informations necessary with the seller."

actually if this is in a State where the buyers signature is not needed on the deed, I wouldnt be surprised if he already owns it

That is entirely possible. Although what exactly is this "final transfer agreement" he references? When i purchased my timeshare, i sent in my money and signed purchase agreement, and waited. I didnt have to sign anything else after that.
 

ronparise

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That is entirely possible. Although what exactly is this "final transfer agreement" he references? When i purchased my timeshare, i sent in my money and signed purchase agreement, and waited. I didnt have to sign anything else after that.

My point exactly

When Ive purchased on ebay the first order of business is to sign the agreement and send money..There was no backing out after that...I owned it
 

madbuns

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If Money Was Exchanged/Deposited, You Have A Contract

Harry -

If you put a deposit down, you have effectively agreed to complete the contract process. Accordingly, the seller **could** choose to pursue the matter.

At this point, the seller has the right to keep any deposits and may post negative feedback for the transaction, hurting your ability to buy on ebay in the future.

When I found myself in a similar position (but earlier in the process - right after winning bid, but there was a deposit requirement to win the bid), I immediately reached out to the seller and let them know that I did not want to pursue the transaction. I also proposed an amount of money that would compensate them for the cost of the ebay listing and their time. They refunded the difference from my deposit and we both gave/got positive feedback on ebay.

Just contact the seller - your particular seller is very experienced and knows that sometimes, people don't want to complete deals. Let them know, come to an agreed amount of $ and move on.

Best Regards,

madbuns
 

rrlongwell

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My point exactly

When Ive purchased on ebay the first order of business is to sign the agreement and send money..There was no backing out after that...I owned it

Depends on where the timeshare is located and the State Law involved and if the sales agreement is in accordance with state laws and Licensing laws for Real Estate Purchases. You best bet at this point is to contact an attorney in the State/County involved. If you posted the name of the Resort and location, someone on the Board may know the laws in that jurisdication. I understand a number of Real Estate agents and/or Brokers and/or Attorneys participate of this Board.

I do not disagre with an an earlier post, since you signed the sales agreement, you might want to contact Sumday and see if a agreement can be worked out. If all he wants is $500 or less and not go through with the sale, take it. Ron may also be right, if the deed does not require a buyers signature, you may already be the proud owner of the timeshare.
 
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Patri

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Beefnot

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At the end of the final transfer
agreement,i decided not to sign and walk from the deal.
Will i be charged for breach of contract?

Harry

By "the end", do you mean at the bottom of the purchase contract form, or at the end of the transfer process? Also be aware that this is a civil matter, not a criminal matter.
 

antjmar

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At this point, the seller has the right to keep any deposits and may post negative feedback for the transaction, hurting your ability to buy on ebay in the future.
madbuns

I agree with your advice. But I dont think SELLERS can leave negative feedback for buyers anymore. I thought that e-bay changed their policy a year or so ago.
 

madbuns

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History is a yes, but ebay feedback eludes me

@Patri - Thank you. There is history, but probably not appropriate for this particular forum.

@antjmar - Thank you also re: advice. You may be right regarding negative feedback - I have had feedback left for me as a buyer within the last month, but the feedback was positive (of course...)!
 

Rent_Share

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Ebay Eliminated the ability to leave Negative feedback against a buyer over a year ago

They will not accept a non-paying bidder complaint on a non binding auction (see previous post with lnk to eBay's site confirming the non binding aspect of Real Estate (including timeshare) auctions

The OP never signed a contract

At the end of the final transfer agreement,i decided not to sign and walk from the deal.

If the seller deeded it into his name, the lack of a signed purchase contract would be suficient in having the deed set aside.
 

JeffBrown

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The other side

Harry Pierre, West Park, FL

Purchase was for an Island Seas in the Bahamas (right to use)
Purchase date 10/30/11
Purchase Price including all closing costs $250.50
OP Signed and returned purchase contract 11/17/11
Purchase contract and resort transfer fees sent to resort 11/17/11
Resort's final paperwork sent to OP to sign on 12/15/11, OP never returned signed doc's.

As of the date the OP opened this string he had not contacted us to request to cancel. Because of your statements he is now wanting us to just let him out with the cost of the ebay fees, about $85.

So, the resort won't refund us the transfer fee of $275 already paid to them, the OP took 3 months to state that he did not want to complete and now the maint. fee's are delinquent with late charges. I am not issuing a refund as we've gone in the hole on the transaction either way. I don't think considering the circumstances that this is an unfair decision.

I really don't understand why people open strings like this but as long as they do I'll keep responding publicly.
Jeff
 

DeniseM

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Jeff - The OP's post was unclear. It was impossible to tell where he was in the process. Many of the posters actually indicated that it might be too late to cancel, and that the right thing to do would be to reimburse you.

IMNSHO - It is waaaaay too late for this guy to back out!
 
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presley

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Wow, amazing story. Thanks so much for telling the untold story.
 

Rent_Share

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Harry Pierre, West Park, FL

Purchase was for an Island Seas in the Bahamas (right to use)
Purchase date 10/30/11
Purchase Price including all closing costs $250.50
OP Signed and returned purchase contract 11/17/11
Purchase contract and resort transfer fees sent to resort 11/17/11
Resort's final paperwork sent to OP to sign on 12/15/11, OP never returned signed doc's.

As of the date the OP opened this string he had not contacted us to request to cancel. Because of your statements he is now wanting us to just let him out with the cost of the ebay fees, about $85.

My comments were based on the fact the OP stated he never signed any contract(s)

IMHO He is Legally and Morrally Obligated to complete the sale

That being said what recourse do you have to compell him to complete the process ??
 
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Beefnot

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If there was no misrepresentation and it was just cold feet well after the transaction, then Sumday out to stick it to him however they are legally entitled.
 

Beefnot

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My comments were based on the fact the OP stated he never signed any contract(s)

IMHO He is Legally and Morrally Obligated to complete the sale

That being said what recourse do you have to compell him to complete the process ??

Actually, the OP never said he didn't sign contract. He was vague about that. This is what ronparise and I had been tossing around, what precisely the OP meant about the final transfer agreement.
 

ronparise

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As I guessed, the op owns it...he is done and has been done with the seller. He is working with his resort now

Perhaps he can hire sumdayvacations to re sell it for him
 

rrlongwell

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If there was no misrepresentation and it was just cold feet well after the transaction, then Sumday out to stick it to him however they are legally entitled.

This is truely a mess. I do not know anything at all about a right to use a off-shore timeshare or the rules that may apply. Apparently, according to the Sumday post, the Resort requires a document signed by the buyer to complete the process. Since this did not happen, I am guessing the orginal owner is still on the hook for maintance fees from their point of view. People seem to be forgetting that there is a real seller in this picture with maintance fees that appear to be now overdue on the timeshare. My guess is the Seller owns it since the sale failed to close properly.

Ron: If I were a Seller (especially if I paid money to get the timeshare out of my name) and this did not happen because my agent did not perform what I thought would be normall processing of a closing and the Resort books showed me as the owner and responsable for what are now late maintance fees, I would not be a happy camper and would not recommend them. It might even teach me a lesson (on the other hand, maybe not, I am a slow learner).
 
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antjmar

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doc's.

Because of your statements he is now wanting us to just let him out with the cost of the ebay fees, about $85.

I am not issuing a refund as we've gone in the hole on the transaction either way. I don't think considering the circumstances that this is an unfair decision.
Jeff, Thanks for the other side of the story.

I had agreed with madbuns:p who said he should contact you and mutually agree with a fair resolution. I dont think his $85 offer is fair either! Many people here shared my opinion. Now that they have heard both sides of the story I am sure almost all of them would agree with you.

I wouldnt issue a refund either!
 
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