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Questions Answered by Michael Hales
1 Answer | Asked in Real Estate Law and Business Law on
Q: We bought our Williamsburg Plantation timeshare in 2006. It is paid in full. Can't afford maint. fees or sell. HELP???

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 ?

Michael Hales
Michael Hales
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

1 Answer | Asked in Employment Law for Tennessee on
Q: Is a company required to pay commissions on sales made while employed if you leave the company?

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

Michael Hales
Michael Hales
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.

1 Answer | Asked in Business Law for Idaho on
Q: What is the law for having a treasure hunt to win cash prizes when the clues to find it are paid for?
Michael Hales
Michael Hales
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.

1 Answer | Asked in Contracts for Pennsylvania on
Q: How do I remove a name off of a timeshare contract that I still owe on?

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

Michael Hales
Michael Hales
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

1 Answer | Asked in Contracts and Business Law on
Q: Is a lease agreement voided if the grantor's signature is witnessed by a relative Notary Public

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.

Michael Hales
Michael Hales
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

1 Answer | Asked in Business Law and Contracts for Idaho on
Q: Who is responsible when suing an LLC?

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

Michael Hales
Michael Hales
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.

1 Answer | Asked in Real Estate Law on
Q: Can a debt incurred by an individual before a marriage become a judgement on subsequent marital property?

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?

Michael Hales
Michael Hales
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

1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: buying a business, I was informed the seller owes money to last owner, how does that affect me?
Michael Hales
Michael Hales
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.

1 Answer | Asked in Contracts for Idaho on
Q: My chiro wants to charge me double for past services if I leave and stop payments. According to them, no contract on fil

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?

Michael Hales
Michael Hales
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

1 Answer | Asked in Contracts and Real Estate Law on
Q: if the cancellation letter date is counted by the date of the postmark, what about federal holidays?

Regarding a timeshare purchased in Nevada

Michael Hales
Michael Hales
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

1 Answer | Asked in Probate for Idaho on
Q: Do I have to sign a disclaimer of interest on my mothers estate/probate in FL? And if I don't what will happen?

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

Michael Hales
Michael Hales
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

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a Minor (age 15) be listed as a Grantee on a Spec. Warr. Deed in Arizona?

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

Michael Hales
Michael Hales
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

1 Answer | Asked in Business Law and Civil Litigation for Idaho on
Q: Hoa cancelled contract. That person took all the money and closed bank account. can they do that

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

Michael Hales
Michael Hales
answered on Feb 22, 2018

It appears that the HOA has a case for fraud. I'd recommend contacting a qualified attorney right away.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: Who owns the timeshare that I purchased with my ex-wife prior to our divorce?

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?

Michael Hales
Michael Hales
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

1 Answer | Asked in Business Law for Idaho on
Q: If a credit card company has written off my debt on their taxes, can a collection company still collect from me?
Michael Hales
Michael Hales
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.

1 Answer | Asked in Business Law and Collections for Idaho on
Q: Collection company still collect after debt has been written off?

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?

Michael Hales
Michael Hales
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.

1 Answer | Asked in Consumer Law and Contracts for Idaho on
Q: Should we be able to get our money back?

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

Michael Hales
Michael Hales
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?

1 Answer | Asked in Contracts for Idaho on
Q: If a guy and i sign a contract for him to give me money and he doesnt give it to me can i do anything?

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.

Michael Hales
Michael Hales
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.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Does affidavit of authority need to accompany quick claim deed removing another person from timeshare without money

Consideration

Michael Hales
Michael Hales
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

1 Answer | Asked in Business Formation, Business Law and Contracts for Idaho on
Q: Is someone not registered as a business owner entitled to anything? We did not hire them.

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

Michael Hales
Michael Hales
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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