Legal Question in Real Estate Law in Colorado

Purchase agreement on a Timeshare did not agree with the title I received

I made a purchase offer to an online timeshare real estate broker for a specific property and week of use. Prior to the closing I asked the broker why the closing paperwork didn't agree with my purchase offer and was told the property is owned by the company listed on the closing papers and the description is correct and agrees with my purchase offer.

Once closed I contacted the timeshare and they told me I didn't own the property I thought I owned but owned one at a sister location of theirs. What I was sold was a much lower value property. The seller says they told the broker what they owned --- the broker says they thought they were selling me what I wanted and the title company says they closed on the description they were given by the broker (which was similar to but NOT what I wanted).

My timeshare cost was $10,000, closing costs were around $1000 more --- property is actually worth $2000 to $5000 at the most. The broker is listing property today that is at the location I want, I would like the broker to take back the property they sold me and give me what I wanted or sell me this property for $3000.

Can I take this to small claims court in CO when the broker is in Omaha, Nebraska; the title company is in CO.


Asked on 8/22/04, 11:56 pm

1 Answer from Attorneys

Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Purchase agreement on a Timeshare did not agree with the title I received

I would have to review the documents to give an informed opinion. Normally, a lawsuit involving real estate must be brought in District Court, and you could file a Complaint in the county where closing took place or the property is located.

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Answered on 8/23/04, 11:53 am


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