Legal Question in Real Estate Law in California
contract with a time-share company
About 3 years ago, I signed a contract with a significant other to buy a membership to a time share. Less than one year after signing, we had a bitter break up and I have been trying ever since to get my name removed from the paperwork,in case anything should ever go wrong, I want to be sure I will not be held liable. I have attempted to get the requisite information to contact the company myself from this person(I failed to keep a copy of the information for my own records and can not remember the company's name)and this person promised to send me the paper work a year ago and it has still not been sent. I have not even been able to get the name of the company from this person so that I may contact the company myself. Should I be unable to ever remove my name from this contract, to what degree would I be held liable? (considering I have never made a payment or used the services)
The contract was signed in Palm Springs, Ca but I do not know if that is where the compnay is actually based. Thank you for your time and assistance.
2 Answers from Attorneys
Re: contract with a time-share company
there is no way that i know of you can get your name off the contract unless it contains some kind of escape clause, which these types of contract usually do not. you both will be liable until it is paid.
Re: contract with a time-share company
You almost certainly can't just "get yourself off the contract."
As far as the time-share company is concerned, it
has a contract with both you and your former significant
other by which both of your promised to make certain payments
in return for receiving certain rights to use recreational
real properties. That time share company doesn't care that
you two broke up, it will look to both of you to
perform the contract. Given that you have no paperwork and
obviously aren't making any payments, if your ex also
isn't making the payments, your credit could already
be screwed up. You should check your credit rating.
If there is an adverse mark on your credit, at least
that notation would let you know who to contact. Otherwise, you should consult with an attorney
about getting the information you need from your ex.
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