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Questions Answered by Michael Hales
3 Answers | Asked in Business Law and Small Claims for Idaho on
Q: Verbal business agreement to buy wood. Wood was not fully delivered and payment was made. The seller refused to deliver.

3 cords of wood were bought and the seller only delivered 1 1/2. Stated that the rest would be delivered the next day. It has been 2 months and wood or money has not been returned.

Michael Hales
Michael Hales
answered on Oct 29, 2018

Although you don't have a writing, it appears that you have evidence that a contract was entered. It will now be an issue of forcing delivery. Please contact an attorney if you need assistance.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Massachusetts on
Q: Which is State for rescinding a license to occupy a suite

What determines the State for the purpose of rescinding a license to occupy a suite (timeshare)

licensor State or The licensee State of residence

Michael Hales
Michael Hales
answered on Oct 13, 2018

It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here:... View More

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I need to ask for help with timeshare and timeshare exit companies help.
Michael Hales
Michael Hales
answered on Oct 2, 2018

I'd be happy to help. I did write an article about timeshare exit companies that you can find here: https://skidmorehales.com/article

The short of it is that timeshare exit companies tend to be scams. They ask for money up front and do little to help timeshare owners. In fact, they...
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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: How do I find out if my brother and I are named beneficiaries in our grandmas estate if my uncle won’t produce a will?

In May my dad passed away then two weeks later my grandmother, his mother, passed as well. My grandmother had a very large estate and she of course planned ahead and had a will. She legally had 3 children my dad, my uncle and a adopted daughter. The problem is that since my dad passed first... View More

Michael Hales
Michael Hales
answered on Sep 25, 2018

I recommend retaining an attorney to communicate with your uncle if he continues to ignore your requests.

1 Answer | Asked in Contracts for Arizona on
Q: my Husband and his ex wife own a joint title in a time share in Arizona. His ex wife says I have to sign off on it.

Is that true ? Why do I have to sign anything? The divorce was between them. She’s saying because we’re married now that I have to sign papers because of the Arizona law of community property.

Michael Hales
Michael Hales
answered on Sep 25, 2018

If Arizona's community property laws are like ours here in Idaho, you shouldn't have to sign off on anything. If the ex does not want the timeshare anymore, she can sign it over to your husband, or she can take it. Based on my experience with timeshares, I'd recommend trying to give... View More

1 Answer | Asked in Small Claims for New York on
Q: Can I sue an ex for not paying for a timeshare because my credit score has lowered even if only 2 payments were missed?

We both are liable but he refuses to pay and that don't think it fair to pay for the whole thing myself. but now the loan has been reported to the credit bureau because no payment has been made. So would be able to sue him for have of the 8400 that is due now?

Michael Hales
Michael Hales
answered on Sep 11, 2018

It's possible, but title to timeshares are typically takes with both owners being joint and severally liable. Meaning that you are responsible to pay if he does not. I suppose that you could sue on equitable claims, but it may be difficult.

In these situations, clients have often...
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1 Answer | Asked in Consumer Law for New York on
Q: I have a Retail Installment Credit Agreement for a travel membership. Can they sue me if I want to cancel? Can I cancel?

Travel membership with pulaski tickets and tours.

I had a change in income and asked for it to be cancelled after their self imposed 3 day option. Customer service never escalated the request. It's not a timeshare but a travel membership. There is no 3rd party creditor, it's paid... View More

Michael Hales
Michael Hales
answered on Sep 11, 2018

I would probably have to review the agreement, but in most cases, these can be cancelled by having an attorney contact the collection agency. Please let me know if you have any questions about this process.

1 Answer | Asked in Contracts for Arizona on
Q: Can closing fees be recovered if contracts are cancelled within the seven day period? I paid with a new credit card.

Would associated plan conversion documents be rescinded as well? I traded previous timeshare ownerships to purchase the new one. I signed the contract and decided to cancel it on the same date.

Michael Hales
Michael Hales
answered on Sep 6, 2018

Yes, all fees must be returned to the purchaser. The association, however, is permitted at times to retain the value of any promotional items given to you at the sales presentation.

And if I understand your second question correctly, then yes, the new purchase contract would be rescinded...
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1 Answer | Asked in Employment Discrimination and Employment Law for Idaho on
Q: Can gossiping be considered working in hostile enviroment. If it both me to the point go seek medical help to cope
Michael Hales
Michael Hales
answered on Aug 20, 2018

If it's sufficiently severe, then yes, it would be actionable. The question is whether the gossiping would be objectively hostile. You'll want to review the facts with an attorney.

1 Answer | Asked in Probate for Nevada on
Q: My father (PA resident) has timeshare in Nevada. Can I do the paperwork for the set-aside without administration?

Do I need a lawyer (the timeshare is only valued at $1500)? Is set-aside without administration in addition to filing of probate for the timeshare in Nevada or is this the probate filing and title and is it the only step needed to file?

Michael Hales
Michael Hales
answered on Aug 14, 2018

When I have clients that need advice on Nevada probate law, I typically refer them to Russell Bowler, an attorney at Bowler Dixon & Twitchell.

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

My idea for a nonprofit allows victims/survivors regarding an alleged sexual crime to enter information online into a database (database is not available for public access). If a second (or more) survivor submits an alleged sexual crime and the information matches that of of another alleged... View More

Michael Hales
Michael Hales
answered on Aug 3, 2018

There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

3 Answers | Asked in Bankruptcy for New Mexico on
Q: I have a point based timeshare where do I list that on the schedules??
Michael Hales
Michael Hales
answered on Jul 27, 2018

I had a client who listed these with their real estate holdings. When the timeshare is alerted that you have filed for bankruptcy, you will have the ability to give the timeshare back to the resort. I'd recommend this because I had a client who did not do this. And while her existing... View More

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1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Can you sell a timeshare on contract? Can buyer handle maintenance fees while under contract?

Seller in Indiana, Buyer in Kentucky, property in South Carolina.

Michael Hales
Michael Hales
answered on Jul 19, 2018

Timeshare companies will allow the sale of the timeshare so long as it is paid in full. You execute a deed to effect the transfer on the public records AND you work with the timeshare company to effect the transfer on their records.

If the timeshare is not paid in full, the timeshare...
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1 Answer | Asked in Contracts and Consumer Law for Alabama on
Q: Can I cancel or rescind a timeshare sampler purchased 3 days ago?

Purchased a sampler 3 days ago and on contract it does say no right to rescind, however this morning as I was looking through the offering in detail we realized that we would only be given access to a few properties in a few locations, not access to the vast inventory as we were told in... View More

Michael Hales
Michael Hales
answered on Jul 10, 2018

My recollection is that sample packages do not have the typical recession rights as a true timeshare purchase. That being said, you may still have some options if you'd like to get an attorney involved and depending on how the purchase was structured.

1 Answer | Asked in Real Estate Law for Indiana on
Q: I bought a timeshare in Friday in Tennessee and I want out. What do I have to do.

I live in PA and the timeshare is in TN. I gave them $500 deposit and tried to call yesterday to cancel and he wouldn't listen to me. Of course I can't find any directions in the packet how to cancel.

Michael Hales
Michael Hales
answered on Jul 8, 2018

You have to follow the directions in the documents they gave you. If you have any questions about that, let me know.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Is a handwritten, signed, dated, non notarized change on a revocable trust legal in WI? This cut out 1 of the 5 children

My wife is the co-executor (along with her stepsister) of her stepmothers trust. She made this amendment 1 year before her death and told both of the executors verbally. She had intentions of going to a lawyer to finalize this but never made it. She also included justification for this change... View More

Michael Hales
Michael Hales
answered on Jun 29, 2018

I'm a little confused with some of the facts here, but I can answer any questions you have about the timeshare matter. I recently wrote an article about legal options regarding timeshares that you can access here: https://www.targheelaw.com/article

If you have any questions about that...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: Can someone add me to title of a property without my signature?

My mother passed away last year she had purchased a Time-Share years ago which has now been foreclosed on for failure to pay maintenance fees. The foreclosure listed me as well. I had never received anything prior to the foreclosure documents EVER addressed to my name. The lawyer for the time share... View More

Michael Hales
Michael Hales
answered on Jun 29, 2018

You can always deed property to another by filling out the forms, but the timeshare statutes that I'm aware of require acceptance by the transferee...you in this case. I'd recommend pressing this with the attorney for the resort.

1 Answer | Asked in Real Estate Law for Maine on
Q: I own 4 deeded timeshare units if all taxes,dues,fees have been paid in 3 can I be blocked from use in any of those 3

When there is a dues balance in the 4th?

Michael Hales
Michael Hales
answered on Jun 29, 2018

I just answered this on your other post, but let me know if you still have questions.

1 Answer | Asked in Real Estate Law for Maine on
Q: I owe 4 deeded timeshare units,Can I be blocked from using 3 units if dues,taxes,and fees have been paid

Due to medical debt even after I advised the board and have been paying balance down monthly on the 4th unit--the board has blocked the 3 that have been paid in full

Michael Hales
Michael Hales
answered on Jun 29, 2018

This will depend on the bylaws or internal rules of the resort/management company. I'm guessing this is a smaller resort because most of the large companies (headquartered in Orlando) that I've worked with wouldn't do this unless all ownership was combined into one unified points system.

1 Answer | Asked in Consumer Law and Real Estate Law on
Q: I own 2 timeshares in ID, deeded, regulated by the ID Condominium Property Act, and of course resort by-laws. The resort

will provide a deed back to owners for minimal cost (no further obligation for maintenance fees). Does resort need approval of some kind for this policy since the maintenance fees formerly paid by them are now off loaded to the existing owners? Would the resort have to disclose this policy to... View More

Michael Hales
Michael Hales
answered on Jun 29, 2018

The authority to do this would be included in the bylaws. The problem occurs, as you point out, when other owners are burdened with the increased fees. However, this disclosure doesn't not have be made explicitly to owners; it's simply the risk that comes with purchasing any... View More

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