Legal Question in Real Estate Law in Montana

Timeshare Purchase in Limbo

I signed a contract to purchase a Timeshare and sent a certified check on 2/17/2005,in the amount of $10,300 to a closing company for the purchase. The contract stated the purchase to be compleated by 4/30/2005. I still do not have a deed for the property and the closing company has not returned my calls or answer my e-mails since 4/1/2005. How can I either obtain my deed for the propery or get my money back?


Asked on 6/20/05, 9:05 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Re: Timeshare Purchase in Limbo

The answer to your question may actually depend on the actual agreement that you signed, and the forum that was chosen. From your posting, it would appear that the property and contract would appear to actually be in Montana. I cannot advise you as to Montana, and you would need someone admitted to practice law in Montana.

In California, the issue regarding close of escrow in real estate depends on whether or not time was made a prerequisite to the contract and a portion of the escrow instructions. In these situations, the escrow instructions will state that time is of the essence, and a party can cancel if the other party fails to timely perform. If time is not of the essence, then the closing date is just a suggestion, and the escrow is deemed to be pending.

I would definitely keep your paperwork, and contact a lawyer in Montana. The fact that they are not returning your calls may mean you have been scammed.

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Answered on 6/20/05, 10:03 am


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