Legal Question in Real Estate Law in Florida
I own a timeshare sold by a company based in Florida. Everything with the resort is fine, but the company continues to raise the yearly maintenance fee and IMHO the percentage of the increase is greater than allowed in my sales contract. The contract very clearly states that any annual increase must be based on "the CPI in the United States". For instance, in 2009 the CPI in the US increased approximately 1.8% depending on which exact report you read, but they raised our dues 7.4% for 2010. The only response I get from their customer service staff is the increase relates to "taxes in Mexico", which is not part of the sales contract. Management is ignoring my request for a written reply supporting the increase. Can I sue them for breach of contract to recover my original purchase amount of $10,000?
1 Answer from Attorneys
It is not what I consider a "material" or major breach of contract, but it is a breach IMHO. You could sue for what they have overcharged you. This may or may not be worth the cost of an attorney unless you could find one who would pursue your case on a contingency basis. What would be helpful is if you found other owners who are experiencing similar problems. There is power in numbers. Honestly, you don't know who is keeping the extra money. But prices in Mexico is a lame reason. The cheapest and least cumbersome approach is to contact the State Attorneys Office (prosecutor) in that Jurisdiction. You could also contact a private attorney in the area and ask how much he/she requires to retain them for the limited purpose of investigating these suspicious fees . . . maybe a nasty letter from an attorney is all it would take. Then they in turn would have to explain to their attorney what is the basis for these extra fees. Then if they are doing something really fishy, their attorney SHOULD tell them to "knock it off!" Best.