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We are ages 76 and 77, not able to travel much, and having great difficulty paying maintenance fees. Currently, they have sent us to collections (Aspen) who raises the amount owed. We can't sell. I've tried several ways. Is there any solution ?
answered on Jun 12, 2018
I'm sorry to hear this, but an article I recently published with the state bar may offer you some solutions. Please read and let me know if you have any questions.
You can access the article here: https://www.targheelaw.com/article
I worked a sales job at a Timeshare resort in Tennessee, After quitting they refuse to pay out commissions that I earned while still employed, Some deals you write up can take 3 months to get paid on depending how long it takes the customer to finish their down payment. The company roughly owes... View More
answered on Apr 30, 2018
The answer here will depend on the employment agreement. I'd recommend starting there. If there is still some confusion, speak with an attorney to resolve this with the timeshare company. I had similar cases a few years back, but they were with Florida timeshare companies.
answered on Apr 17, 2018
This is kind of a tough one because it really depends on the scope of the project. I imagine that advertising, registration, and consumer laws will all come into play. I'd recommend discussing this with an attorney to get a detailed answer.
I have a timeshare contract with another person that we still owe on. The second person is not paying anymore and I would like to know how to remove their name so they no longer have any say in the timeshare. The company is telling me the only way to do so is by paying the full balance owed. Is... View More
answered on Apr 4, 2018
The timeshare company correct that the loan must be paid in full before they will allow a transfer, or in this case the removal of one of the owners. However, once the timeshare is paid in full, you'll have to convince the co-owner to transfer his/her interest to you, leaving you the sole... View More
The lease agreement relates to a Timeshare property in Hawaii. It has been noted that the Grantor's signature to the document was witnessed by a Notary Public who is presumably closely related to the Grantor.
answered on Mar 29, 2018
I'm not sure about Hawaii, but I believe that this is generally permitted. However, there may be other avenues if you are looking to cancel the timeshare contract. If you would like, I wrote an article for The Advocate that you can access here: https://www.targheelaw.com/article
I had an LLC do a $15k backyard project in October 2017, issues have risen and I am now planning to take the company to small claims. I learned that the company switched owners at the beginning of March 2018 and the new owners are now claiming they are not responsible. It is all listed under the... View More
answered on Mar 28, 2018
The prior owners will be responsible, but the new ones may be as well depending on the sales agreement when they purchased the business. You may want to talk to an attorney who can review all the facts of your situation.
I purchased a timeshare in my first marriage and it is still deeded to me and my first wife. Can delinquent fees owed on this timeshare become a judgement on property owned by me and my second wife?
answered on Mar 21, 2018
That would be unlikely. Those fees are owed by you and your former wife. My recommendation is to bring the fees current and transfer complete ownership to your ex-wife or just take it all on yourself. If you have any questions about this process or others, I'd welcome you to view the article I... View More
answered on Mar 9, 2018
It will effect you if you buy the business along with its current obligations. For this reason, it's important to structure the sale so that it protects you against claims directed at the former owner.
My chiropractor wants to charge me double for past services if I leave and stop payments. According to them, there is no contract on file for amount for each service. Can I tell them to cease and desist? Will they come after me for services rendered?
answered on Mar 9, 2018
Depending on the amount of money involved, I'd recommend just working this out with the office. I assume that their argument is that they gave you a discount for a long-term service agreement, but without any writing, this will be difficult for either side to prove, leaving you with the... View More
Regarding a timeshare purchased in Nevada
answered on Mar 7, 2018
Federal holidays are generally disregarded if 5th day is a holiday. Because you're asking, I'm assuming that you mailed your letter 6 days after the contract was signed, and therefore need a federal holiday to not count against you. Am I right? You may find this article I wrote helpful:... View More
My mother passed Nov 8th 2017 without a valid will. My brother hired a probate attorney and insists I have to sign a disclaimer of interest. Matter of fact he has become very verbally abusive over it. He claims everything is his..house, van, all my mothers belongings. My other brother and sister... View More
answered on Mar 1, 2018
This is interesting since I'm licensed in Idaho and Florida. Although I haven't done a lot of probate work, it seems that there are a couple of red flags here. I'd recommend having your own attorney review the progress of the case thus far. If you need a referral for an attorney in... View More
I have a dad and his 2 sons wanting to purchase a timeshare in AZ. One of the sons is only 15 years of age and they have stated they want to take title as Joint Tenants with Right of Survivorship. Can the 15 year old be on the deed as a Grantee so long as his parent/legal guardian signs the... View More
answered on Feb 28, 2018
I recommend that you contact a real estate attorney in Arizona, but the answer is going to be no.
You can also work with the timeshare resort's managing entity. They will advise you that this action would not be permitted. Many resorts will not even allow ownership until someone is 21... View More
Our Hoa contracted with an individual to handle our financial affairs, pay bills, accept payment and deposit money and keep records. Person violated the terms of their contract. The HOA cancelled the contract and notified individual by mail and 3 cease and desist letters. Person went and closed our... View More
answered on Feb 22, 2018
It appears that the HOA has a case for fraud. I'd recommend contacting a qualified attorney right away.
The deed was never changed to give ownership to either party prior to the divorce. The mortgage on the unit has been satisfied. Who is responsible for accrued maintenance fees?
answered on Feb 21, 2018
As it stands right now, you are both owners and both are therefore liable for the ongoing maintenance fees. If you don't want it, you could offer it to your ex-wife. In many cases I've had, I usually help communicate with the ex-spouse to determine who will take ownership. In the... View More
answered on Feb 14, 2018
My suspicion is that the company wrote your debt off when it sold it to the collection company. However, I'd recommend having an attorney review the situation for you to give a more definitive answer.
Credit card company has my debt written as a tax write-off. Collection company is still trying to collect. If the first company writes off the debt, can a collection company collect off of it?
answered on Feb 14, 2018
My understanding is that they can. The company wrote off the debt when they sold your account to the collection company. I'd recommend reviewing the whole situation with an attorney.
My wife and I went to our gym in 2016 told them we wanted to cancel, the desk worker confirmed we were cancelled and would no longer be charged. A year later we have discovered that we are still being charged. I called the billing company and they say that per our contract we have to write a letter... View More
answered on Feb 8, 2018
While I feel that you have a valid complaint, the issue will be proving that you gave the verbal cancellation. Is there anything evidence from that day?
my mom was gonna pay the money back. She signed it and was gonna pay it back after selling her house. The money is now in an annuity.
answered on Feb 8, 2018
Sounds like you have a claim for breach of contract. However, this is an area of law that has many exceptions and rules, so I recommend having an attorney review the situation, especially if it's a substantial amount of money.
Consideration
answered on Jan 13, 2018
My suggestion is to speak with the timeshare's management company. I've assisted with several of these in Florida, and often the management company will place requests that are not required by Florida law. As a result, the timeshare will often have all of these forms ready for you when... View More
Someone is threatening to take me to court over a business I am registered to as the owner. The other party was going to be added on as a part owner but the paperwork was never filed. Now we have decided not to work together. The other party wants money for the time spent helping the business... View More
answered on Jan 7, 2018
I had a very similar case in Orlando a few years back. The parties were planning a joint venture, but it never went through. Unfortunately, my client made some verbal promises that the other party relied on and started moving forward as if they agreement had been made. My client didn't stop... View More
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