Legal Question in Real Estate Law in Virginia

Time Share Agreement Mishap

A friend and I purchased a time share with both of our names on the deeds, agreements paperwork etc. Since Feb. she has not paid on the share and I have been paying both of our halves. I filed a small claim for her to pay back the amount owed to me since Feb. We have gone to court and she contested it. We return to court in December. I have all the copies of payments I have made, a letter from the company stating I have made all the payment since Feb. My concern is that since September I have only paid my 1/2 of the share which brings us behind on the payments and now the company keeps calling, I in turn ask them to contact her. I have received another maint. bill due the end of this month. Question? do I pay the bill and file an amended claim? do I pay her 1/2 of the time share and keep taking her to court, will the comp. find her to collect her 1/2? Will both of our credit go bad? Since no amends can be made between us, I have to follow through on this business agreement. I cannot afford to pay her 1/2 for the remainder of the time.


Asked on 10/03/00, 9:11 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Time Share Agreement Mishap

You are both on the hook for the whole amount. If you don't pay the full amount, and she doesn't, the timeshare co. can foreclose, and can sue you both for the deficiency, not to mention harm to both of your credit ratings. You can pay it all and sue her for her share in accordance with your agreement. Your best bet may be to sell the timeshare and pay off any deficiency to avoid continuing liability, or agree with your ex-friend to buy her out.

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Answered on 10/31/00, 9:22 am


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