A Timeshare Agreement is an official legal document that assigns all the parties to perform specific duties. When a single party or all the parties fail to satisfy any contractual obligations, an agreement breach happens (also known as Contract Breach). For example, a Contract breach might happen due to:
- Failing to fulfill the duties on time.
- Completely failing to perform the task.
- Inability to satisfy the terms and conditions of a Timeshare Agreement.
What is Timeshare Fraudulence?
Timeshare Fraudulence is a deliberate deception done to damage another person or for personal gain. Performing Timeshare Frauds is a punishable crime as well as a civil law violation. So, before contacting a professional to cancel your timeshare, read the reviews of timeshare cancellation companies.
What to do After a Timeshare Contract Breach or Fraudulence?
Consumers can claim breach of contract and timeshare fraud in the courts when they believe that the contract, they entered was fraudulent. In some cases, these cases can be successful if a contract contains vitiating factors. These factors may include mistakes, mental incompetence, infancy, undue influence, fraud, or coercion. A court may also consider the consumer’s inability to exercise good judgment as a factor.
When a timeshare buyer discovers that a representative has made false representations, it can be difficult to prove fraud. Buyers will have to submit detailed accounts to show the misrepresentations. They might have more difficulty proving fraudulent misrepresentation if they signed a memorandum of understanding. This memorandum will confirm that they did not rely on any representations not documented in the contract. It will raise the standard of proof required to prove fraud. Furthermore, buyers may have difficulty proving their claims if they merely use the timeshare after learning the false representations.
In the case of fraud, timeshare owners may choose to terminate the timeshare contract if the company is not honoring its obligations. Furthermore, timeshare owners may be entitled to damages if a timeshare provider does not honor its duties to them. In addition, timeshare owners can seek damages in the courts if an agent has cheated them. In addition, timeshare owners can file a complaint online with the FTC or contact the Edgar Law Firm to assist with their timeshare problems.
Solutions for a Contract Breach and Fraudulence
If someone owns a timeshare property, they might wonder what their rights are if the other party has breached a contract. While the contract has certain limitations, there are several ways to get out of one. For example, if someone has purchased a timeshare property through an untrustworthy company, they might be entitled to get their deposit back or a refund if the terms were not up to their standards. Here are some common ways to get out of a timeshare contract.
Determine Which State Will Hear Your Claim
One of the first steps in bringing a lawsuit is determining which state will hear your claim. Determining the state is important because timeshare contracts often contain clauses restricting their filing in certain courts. For example, if you feel another owner has damaged your timeshare property, you can file a lawsuit against that company. The court can award damages to the owner or order the other party to amend the contract. Sometimes, the timeshare company will have to pay you monetary damages.
Check with Your Local Attorney
If you have purchased a timeshare property, you should check with your local attorney to determine whether your rights are violated. Many timeshare developers do not disclose certain costs and expenses and can be liable under state law. Having a lawyer review your contract is a smart way to protect yourself from such a breach. You might be responsible for annual maintenance fees, special assessments, or block dates. Depending on your state, you may be entitled to rescission rights if the timeshare company does not comply with the contract.
Wrapping Up
Timeshare frauds and breaches have been increasing for several years, and several buyers are unaware of avenues to execute a timeshare cancellation and receive a refund. Read the reviews of timeshare cancellation companies and allow professional timeshare cancellation companies to help you.
