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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3495
Experience:  Solicitors 2 years plus PQE
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I live in the UK. I own a timeshare in Florida, USA . I have

Customer Question

I live in the UK. I own a timeshare in Florida, USA . I have unsuccessfully tried to sell it. I cannot afford the maintenance any more. If I stop paying what can they do? I am prepared for them to take back the time, but can they take my UK property away?
Bryony Garrod
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is the maintenance contract under USA law?
How much would they charge you to buy it out?
Do they have your UK home address?
Kind regards
AJ
Customer: replied 2 years ago.
hi AJ
Yes I'm assuming it's under USA law. I don't under stand your question about buying it out. I already own the weeks (2) so I only pay maintenance, like a service charge here, for upkeep.
They do not have my UK address as I have recently moved back from Spain but they do have my old address in Spain and could easily find my new address.
Bryony
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
What I mean is how much would you have to pay them to terminate the time share? Have they given you a figure?
Kind regards
AJ
Customer: replied 2 years ago.
Oh I don't know. I will have to ask, as I didn't know they would. I'll send them an email right now!
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I would surprised if the agreement ran in perpetuity.
Do you have the terms and conditions to hand, that might say what level of notice you have to give?
Kind regards
AJ
Customer: replied 2 years ago.
No I don't have the T & C's to hand but I do know that the time will be inherited by our children and that's why I want to cancell it now before it becomes a burden to them.
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
This cannot be unilaterally enforced on your children. Not in the UK anyway - they would have to consent to it.
Ultimately if this company wants to sue you for the fees, they will need to first obtain a final Judgment in the USA and then seek permission to enforce it in the UK. This is an expensive process, so I need some idea as to what they might charge you to just cancel the time share?
Kind regards
AJ
Customer: replied 2 years ago.
OK. I have emailed them to ask but they haven't replied yet, except for the automated response. I will let you know as soon as I get a proper reply. It's such a relief to be guided by you.
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am happy to assist you further with this.
Please do not hesitate to contact me once you have any further information.
Kind regards
AJ
Customer: replied 2 years ago.
This is what they have sent me so far. I'm awaiting further information.

Dear Bryeny Garrod,

Account # ********** Issue # 7022429
I received your request regarding your ownership and have forwarded the issue to the Account Services department.

Should you not hear from them in 7-10 business days, you may contact them directly at 1-***-***-****.

While Westgate does not offer a resale or buyback program, we wish to educate you about your available options. A comprehensive timeshare resale resource can be found through the American Resort Development Association’s Resort Owner’s Coalition (ARDA-ROC) website: www.ardaroc.org or by calling (***) ***-****. These resources may assist you in selling the timeshare on your own or through a broker.

Westgate Resorts does not endorse any particular broker or resale company. While we recommend against paying upfront fees to a resale company or to a company that claims they will help you “exit” your timeshare, the legality of these fees depends on your state law. Please refer to your applicable state law before paying any advance fees.

The Developer of your timeshare may have the Right of First Refusal (ROFR) to acquire your timeshare on the same terms and conditions as are offered to you by a third party (as granted within certain Public Offering Statements received at the time of purchase). This means PRIOR to the sale or transfer of your timeshare, the Developer has the right – should it choose – to step into the shoes of third parties and pay to, or receive from you the same consideration offered between you and a third party for the sale or transfer of the timeshare. This process does not restrict you from selling or transferring title to your timeshare, it only determines who the final purchaser will be.

Before you accept an offer, please FAX the following documents to Westgate Resorts at ***-***-****:

(1) Copy of executed purchase or transfer agreement between you and the buyer or transferee of your timeshare;
(2) Documentation and/or agreements under which you made any payment of monies to third parties for the sale or transfer of your timeshare.

Upon review of the completed documentation, the Developer will provide notification whether the Developer has elected to “exercise” or “waive” the Right of First Refusal.

Should the Developer EXERCISE the Right of First Refusal, we will acquire your timeshare on the same terms as offered to you by the buyer and/or transferee. All necessary information will be submitted to our Title Company to draft a Closing Package for execution by both you and the Developer. Once the package is completed and returned to the Title Company, the sales proceeds will be dispersed as stipulated in the contract.

Should the Developer WAIVE the Right of First Refusal, a Waiver will be provided that will need to be recorded along with the resale deed. To complete the transfer, the Developer requires: (A) a copy of the recorded deed; (B) $150 resort transfer fee (payable to Westgate Resorts); (C) new owner information including name(s), mailing address, two telephone numbers and email address. This information may be mailed to: Westgate Resorts, Attn. Resale Processing, 2801 Old Winter Garden Road, Ocoee, FL 34761

Please note that the failure to submit the required documentation PRIOR to any sale or transfer will not only delay the process but will also void any sale or transfer made.

If you have any questions, do not hesitate to call our offices at 1-***-***-**** or ***-***-****.

I wish you a splendid day.

Sincerely,

Isaac

OR Web Response Department









ORWeb ResponseDept
*****@******.***








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