If the timeshare company didn’t fulfill the contract how do I get out of it?
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If the timeshare company didn’t fulfill the contract how do I get out of it?
My wife and I purchased a timeshare
back in June 2015. In the contract it
states that our property is deeded. We
never received a deed and our on-line
account states that the property is not
deeded. Would this allow us a way out
of the contract?
Asked on March 11, 2016 under Real Estate Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
d on what you write, this appears to be a material (or important) breach of contract which would allow you to treat it as terminated--or even, if it is determined that the company knowingly lied from the beginning (such as about the deed), to rescind the contract (treat it as void from the beginning, due to fraud). You may also be able to get any payments you've made back.
If the company will not voluntarily let you out of the agreement, even if you inform them you will take legal action if necessary, you could sue them seeking both a declaratory judgment (a court determination) that the contract is terminated or was void, and also compensation in the form of the return of all payments you have made for something you never received. You would have to sue in regular county court, not small claims court; small claims cannot give a declaratory judgment.
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