Legal Question in Real Estate Law in California

Re: Timeshare problems

You don't has to help from a web site. You need to get an attorney to represent you so that all of what you predicting your question is not come true. If you are correct then there are grounds upon which you can terminate the contract in all probability. Any prudent attorney will tell you that the first must read all of the documentation and I agree with that. But more importantly, you should get yourself an attorney who deals in real estate law immediately. Don't waste your time waiting for an answer like this would get representation so that you will not be blamed for breach of contract, etc. or any other claims which will put you in the bad light if it ever came to trial. I think some "correspondence" from attorney representing you to the other side might be quite helpful in persuading them to return year down payment and void your contract if the facts are on your side.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Timeshare problems

In a nutshell, yes to all of your questions. If you simply stop paying the amount you owe, all of the remedies you list are available. You should immediately have an attorney look at all of the documents you signed, and discuss this matter in a face-to-face meeting with that attorney. Only then can you get a clear picture of what your options are.

Re: Timeshare problems

The previous answers might turn out to be correct, but there is at least a good chance that things are not all that threatening.

In my somewhat limited experience with time share and subdivision purchases gone sour, I have never heard of a heavy-handed pursuit of a defaulting purchaser. The promoters' policies obviously differ, but at least some of them are willing to let the forfeiture of your down payment be their sole remedy.

Further, California has anti-deficiency statutes which might come into play. Most purchase-money loans cannot be pursued beyond the proceeds of a foreclosure. This plus the fact that you feel you have reason to allege fraud on the part of the promoter may provide you with an arsenal of defenses.

I certainly think you should at least have an attorney in this field advise you, but you may be in a stronger and less threatening posture than the other answers might suggest.