Legal Question in Credit and Debt Law in Indiana

Hi

I accidently purchased a timeshare on ebay around a year and a half ago using my 17 year old brothers ebay account, I never even realized what had happened until the vacation company sent my brother documents from their local courthouse saying he had bought the timeshare by this time it was far to late to file for a recind but I done it anyway and thought the matter was laid to rest.

Now a year and a half later after my brother has turned 18 and has started a line of credit he has started recieving letters from a debt collector saying he owes the maintenance fees for the 2 years on the timeshare.. My question is does the vacation company even have a leg to stand on from a legal perspective considering all the facts below..

1. The timeshare was purchased on ebay for 1 penny.

2. At the time of purchase the buyer was only 17

3. The buyer (my brother) has never signed any documents or contracts of any kind.

please respond asap what my options are or what course of action needs to be taken to end this

thanks

keith


Asked on 5/02/11, 6:51 pm

1 Answer from Attorneys

Your best bet is that he was 17 and as long as he has not affirmed the purchase he should be o.k. but not without a lot of hassle. I am saying this without having read the ebay agreement that your brother entered into and not recalling whether you are required to be 18 in order to have an ebay account. You and your brother may be best served by hiring counsel.

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Answered on 5/03/11, 6:13 am


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