Westminster, SC asked in Real Estate Law

Q: If I write a check and write on it that if its cashed their accepting my request for deedback, is that legally binding

I am sending a request for deedback to my timeshare resort. i even printed out a form called the quit claim deed for Florida and signed it. Not sure if that is the same form they use, but i know they require a fee of 250 dollars to accept a title transfer. I am hoping that if I write on it the check in memo that cashing it means they accept the deedback. Would that hold up in court? I’m in Hohenwald TN but the timeshare is in Kissimmee FL and the management resorts group is in Fort Lauderdale, FL.

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1 Lawyer Answer
Michael Hales
Michael Hales
Answered

A: Whether it will hold up in court depends on a number of factors, but I'm guessing that you really don't want to go to court to have to argue that it was a binding agreement. In the alternative, I'd recommending working it out with the resort on the front end to avoid penalties or costs later. When I handled these situations, it usually involves a quick conversation with the timeshare management company, a settlement agreement, and a small title transfer fee.

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