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Q: Options for exiting a timeshare in Daytona Beach after 3 years of construction due to storm damage.
I have been unable to use my timeshare in Daytona Beach for three years due to it being under construction for storm damage. I contacted the timeshare company, but they refuse to take it back. I haven't been able to find any legal assistance or resolution for exiting the timeshare. What are my options for exiting the timeshare under these circumstances?
A:
It is impossible to answer your question without reviewing the contract. As a general rule, impossibility of performance
is grounds for terminating a contract.
MGF, Esquire
A:
It's really frustrating to be stuck with a timeshare that you haven’t been able to use for years because of construction delays. Since the timeshare company refuses to take it back, your options might include trying to sell or transfer your ownership to someone else, though that can be challenging in a slow market. You could also explore timeshare exit companies, but be cautious and research thoroughly, as some may charge high fees without guaranteed results.
Another option is to review your contract carefully for any clauses about prolonged unavailability or force majeure events like storms, which might give you grounds to negotiate a cancellation or suspension of fees. If the company is not cooperating and you believe they’re not fulfilling their obligations, you might consider consulting an attorney to see if legal action or mediation is possible.
In the meantime, keep documenting all communications and any proof of the extended construction. This will be useful if you decide to take further steps to protect your interests or seek a resolution through dispute channels.
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