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Questions Answered by Michael Hales
1 Answer | Asked in Contracts and Consumer Law on
Q: I want to get out of a vacation club membership with a refund but the company is saying cancellations are not allowed.

We bought the membership 6 months ago and haven’t used any of the “benefits as of yet.” The company is saying cancellations cannot happen unless there is a breech of contract on either mine or the company’s side. But our context does not say that. My question is if it’s too late to even... View More

Michael Hales
Michael Hales
answered on Jan 5, 2018

Even though the contract was signed in the DR, the management company may be in the US, which may open some possibilities. Without seeing your documents, it's hard to give an assessment, but I will share with you an article I wrote for the state bar which reviews options for timeshare owners... View More

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: If a timeshare contract is contradictory, is it null and void?

I went into a contract with a timeshare company for a "sampler package", or try it before I buy it. The final clause in the confirmation interview says "You understand this purchase is final and that you may not cancel your Sampler purchase." However, the Sampler Program Terms... View More

Michael Hales
Michael Hales
answered on Jan 5, 2018

Although I have not seen all your documents, this is likely not contradictory. A sampler package is not construed as a timeshare purchase, so I don't believe that the 10 day rescission period (under section 721) would apply. That cancellation period applies only to the purchase of timeshares,... View More

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: My husband n I own a timeshare. Can I file bankruptcy alone n include the timeshare without damaging his credit?
Michael Hales
Michael Hales
answered on Jan 4, 2018

I agree with Ms. Lipan's answer, but having dealt with hundreds of these situations, I believe there is a better way. I recently published an article with the state bar that discusses the industry and solutions to timeshare problems like yours. You can access it here:... View More

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1 Answer | Asked in Business Law and Bankruptcy for Idaho on
Q: My son and I own a wine bar under an LLC. We fell behind on rent and our landlord tells us he will take all our assets

and we must finish paying on our lease for another 6 months. Can we file for bankruptcy and would it be helpful

Michael Hales
Michael Hales
answered on Dec 23, 2017

I would speak with an attorney as soon as possible because the solution will be very specific to your situation. In general, the landlord may be able to utilize company assets to collect on unpaid rent. Bankruptcy may be an option, but depending on which chapter you file, if the value of the assets... View More

2 Answers | Asked in Business Formation for Idaho on
Q: How much does it cost to form an LLC?
Michael Hales
Michael Hales
answered on Dec 15, 2017

It costs $100 and can be done through the Idaho Secretary of State's website.

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1 Answer | Asked in Business Law and Business Formation for Idaho on
Q: What are the benefits of creating a company as opposed to doing business as an individual?
Michael Hales
Michael Hales
answered on Dec 15, 2017

This is a great question and one I am addressing in my business law class right now. Although about 60% of businesses in Idaho operate as sole proprietorships, there can be a great benefit in operating as an entity. The primary reason tends to be that you can limit some liabilities if you operate... View More

1 Answer | Asked in Copyright for Idaho on
Q: Is content individuals post on social media sites copyrighted?
Michael Hales
Michael Hales
answered on Dec 15, 2017

I was recently addressing this very issue in my business law class. The short answer is yes, anytime content is put down in a tangible medium, including social media, it receives copyright protections. The interesting twist is that some social media sites have tried to claim that they hold the... View More

1 Answer | Asked in Real Estate Law for Nevada on
Q: I need to find a lawyer that will take commission and sue Wyndham for fraudulent sales practices against seniors.

I would like to recover my $13,000 and legal fees. The timeshare was purchased in Las Vegas. I live in Gilbert Az.85234 . It has been two years since the purchase, but it is paid in full.

Michael Hales
Michael Hales
answered on Dec 13, 2017

I'm sorry to hear about your experience as it correlates with stories I've heard frequently since starting legal work in Florida. I recently wrote an article for the local state bar about this very issue. You can access it at https://www.targheelaw.com/article

I hope that helps...
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1 Answer | Asked in Social Security for Idaho on
Q: If I have a lot of monthly retirement income from my 401K, does that disqualify me for receiving social security

payments?

Michael Hales
Michael Hales
answered on Dec 11, 2017

No, it doesn't. There are, of course, exceptions like if you're talking about some forms of Social Security Disability.

1 Answer | Asked in Trademark for Idaho on
Q: If I register an official trademark, how long does that last for?
Michael Hales
Michael Hales
answered on Dec 11, 2017

Trademarks last forever, assuming they meet all necessary criteria.

1 Answer | Asked in Probate for Texas on
Q: I need to know how to go about getting papers filed from a probate in Texas to Garland county in Arkansas.

My mother had a timeshare in Arkansas, she lived and died in Texas, I am the executor of her will and have went through probate here in Texas. The timeshare is willing to take it back if I can get papers saying it is alright from Garland county in Arkansas for me to be able to sign those papers... View More

Michael Hales
Michael Hales
answered on Dec 7, 2017

I've had similar cases, but in Florida. Therefore, I think the best advice I can give is to work with a local attorney. Sometimes the timeshare can help find an attorney in the area needed.

1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Should I agree to quit claim time share instead of foreclosure? Mortgage is paid. Money owed (1800) is for dues.

Both my ex-wife and I are on papers sent by law firm. So both need to sign. However, since divorce we both have different last names than what is on paper work sent by law firm representing time share. Is this an issue? If we do quit claim are we still required to pay $1800.

Michael Hales
Michael Hales
answered on Dec 6, 2017

I imagine that you already have this wrapped up, but just in case I would usually recommend signing if you don't want to be owners anymore. You should not have to pay the $1800 unless it is stipulated in the cancellation agreement.

1 Answer | Asked in Real Estate Law for Maryland on
Q: why would a time-share in a condo project need to change the condo's master deed to terminate a unit with time-sharing,

when there is nothing in the master deed about time -sharing

Michael Hales
Michael Hales
answered on Dec 6, 2017

Because timeshares are highly regulated by state law, I would assume that this is required by law. However, I'd check with an attorney in the state where the condo is located.

1 Answer | Asked in Real Estate Law for California on
Q: I have paid off the loan to a timeshare I purchased. To cancel the timeshare do I just stop paying the yearly fees?
Michael Hales
Michael Hales
answered on Dec 4, 2017

That's one option, but because it takes a while and may effect your credit score, it's probably not the best. I recently wrote an article for my bar association that addresses this issue. I think it would be helpful to you that you can access here: https://www.targheelaw.com/article.... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have owned a week of a timeshare for 35 years. I have actual deed. It burnt down last year. Do I have access to the

insurance $ paid. I want T.tps. to buy me out at fair market value, or sell and split or release me. I just received maintenance bill for a week in a building not scheduled to be built till 2019. Options please:Thank You.

Michael Hales
Michael Hales
answered on Dec 1, 2017

As an owners, you likely have use rights, but not any rights to insurance money paid. That money will be retained by the management company and used to rebuild. However, if you do not have access to the resort, you may be able to claim that you do not have to pay fees until you are granted access.... View More

1 Answer | Asked in Real Estate Law for Nevada on
Q: Is it true that failing to pay down payment on a timeshare loan will kill the contract?

I was advised by an attorney that if down payment was not paid to the timeshare company or developer, my contract would become a "dead deal" and my credit would be unharmed. The property is located in Nevada. I was made aware by this attorney that the company will attempt to intimidate... View More

Michael Hales
Michael Hales
answered on Dec 1, 2017

This may be a moot point given the time that has passed since you asked this question, but I've seen it both ways. Resorts are increasingly reporting delinquencies to the credit bureaus. Was this your case? I'm interested in knowing.

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: can the dea seize my timeshares

I'm on ssd (social security), yet they put a hold on my bank account. I am being charged with conspiracy, illegally conducting enterprise, and transport of marijuana. My vehicle was seized even though I am still making payments on it. I am also still paying timeshares and would like to know if... View More

Michael Hales
Michael Hales
answered on Dec 1, 2017

Probably not, but given the time that has passed since you asked this question, I'm guessing it's a moot point.

1 Answer | Asked in Real Estate Law for Florida on
Q: We didn't get an invoice with maintenance fee for time share. Do we still have to pay it, in this case?

Hi, we don't live in US and we are not American citizens,but we have timeshare in Florida. This year, probably because we moved, we didn't get an invoice with maintenance fee. Do we still have to pay it, in this case? What are the consequences of us stopping to pay this fee?

Michael Hales
Michael Hales
answered on Dec 1, 2017

You probably have this wrapped up given the amount of time that has passed since you asked, but the answer is yes, you do have to pay maintenance fees even if you don't receive a bill. You have a responsibility to keep the timeshare company updated as to your address. That being said, a lot... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Hawaii on
Q: What US law (in 21006 or 2007) gave timeshare resorts the right to let non-owners pay to use units ?

And, if you can give me the law, how can I get access to read it?

Michael Hales
Michael Hales
answered on Nov 29, 2017

This right is typically granted by the resort's bylaws and not through legislation. If a room is not being used, they will allow others to use it in an effort to avoid waste. Does that answer your question?

1 Answer | Asked in Real Estate Law for Nevada on
Q: My timeshare was purchased on lies they told us to put can i cancel based on that alone

They refused to tell me the cancelation period out loud. Insisted we lie about income we have 42 thousand they put 90,000.00 also we qualifed for a credit of 3,000 sales pushed for 9,000 and only used 6,000. Inorder to get the credit my wife was lead to stating false employment and shes jobless.... View More

Michael Hales
Michael Hales
answered on Nov 29, 2017

I'm sorry this happened to you. I wrote an article with the Idaho Bar that that you can access here: https://www.targheelaw.com/article

It should give you information that you and your attorney need to move forward.

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