Legal Question in Real Estate Law in California

I puchased a timeshare on ebay and send the money to the title compamy and have not got the title or the use of it yet and there not returning my phone calls I think I just got screwed out of the money!! Can I sue them to get the timeshare or the money back its been 2 months.

Thanks

roger


Asked on 4/16/12, 5:43 am

1 Answer from Attorneys

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

Yes, a suit is a definite possibility, but eBay is not the proper defendant.....you'd have to identify, locate and serve the "seller" .... or possibly the title company.

However, before rushing to sue, I'd suggest starting with a little investigation. Did the money really go to a title company? They are licensed and bonded, and generally put money sent them into segregated escrow accounts. Look at the endorsement on your check. Contact the title company and ask to speak with the escrow officer. Try to determine whether (a) the "title company" is for real, and (b) if it is, did they receive your money, and (c) if they did, at what stage is the escrow?

Possibly you will get your money back from a real escrow at a real title company. Possibly you will get a deed to your timeshare. Unfortunately, it's also possible that the title company is nonexistent and the seller has grabbed your money and it is now somewhere in Ukraine or Mongolia.

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Answered on 4/16/12, 3:38 pm


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