Legal Question in Business Law in California

What can I do to get a corporate company to answer our problem to get our transfer paper to our timeshare that we sold to them. so we are be clear of our timeshare.


Asked on 2/06/12, 5:57 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, establish a clear line of communication with the person or persons at the corporation who negotiated and approved (signed) the agreement to transfer your ownership of the timeshare to the corporation. Obtain or identify the names of the key two or three individuals, and their telephone numbers, FAX numbers, e-mail addresses and postal addresses.

Then, communicate with each of them clearly, and as frequently as possible or necessary. If Joe isn't in when you call him at 9 a.m., send him an e-mail, then call him again at 11 a.m., leaving a clear message if he isn't in. It's sort of like pestering them to death.

Next, if a closing and payment date and process isn't forthcoming, elevate the pressure a bit. Demand to know when each expected event will occur and whom to contact if it does not occur when scheduled. Follow up politely but constantly on every date set, every promise made.

If necessary, begin to introduce the concept that you intend to sue them for "specific performance"; i.e., a court judgment ordering them to complete the contract by accepting the transfer and paying you. I know that it is the buyer, not the seller, who is usually entitled to sue for specific performance, but in this situation you might be entitled to this remedy. As an alternative, you could threaten to sue for unspecified damages.

Document each call, each contact, each sub-step of the operation by making detailed notes of whom you called, what you were promised, when it happened, and what your next step should be, and when.

Be polite at all times, and businesslike, but be relentless.

Finally, contact a lawyer and initiate legal action, probably with a final demand letter from the attorney preceding the filing of a lawsuit.

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Answered on 2/06/12, 6:28 pm


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