Legal Question in Real Estate Law in California
I didn't purchase a time share in South Africa, my parents gave me this time share, which I don't want anything to do with, now the time share is charging me these ridiculous levies totalling $5,900. for not paying a $345.00 two years ago. This cannot be fair and what are my legal options, I didn't even buy the goofy thing.
1 Answer from Attorneys
The laws of South Africa, rather than California, may apply. Without seeing all the documents and doing a little research, I couldn't say for sure. As a California licensed and trained attorney, I am unable to assist unless California law applies.
In general, and certainly in California, it is possible to refuse a gift and thereafter have no interest or obligation regarding the thing. Did you ever do anything signifying acceptance, such as sign a paper or make a payment? This may be a defense to liability. However, I guess it would leave your parents (possibly) liable for the billings.
Of course, the billing(s) itself/themselves are questionable, at best. My reaction is to write them back and say, without further explanation, that you deny any and all liability to them. Then wait and see what happens. Maybe nothing.
In order to get an idea whether California law applies, see a local lawyer.
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