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Original Message:

Re: Disclosures and honesty in selling!(even resales) (by stanleyf5):

ken1193 wrote:
phill12 stated, quoted only in pertinent part: >> In some e-bay and other sites that offer timeshare sales I found kind of hidden in rest of the information that some of these people now charge the buyer a fee incase the deal falls through because of ROFR. <<

Actually, if you read the (usually very tiny micro-font) print at the very end of many eBay ads for timeshares, eBay sellers often indicate that they will charge (or attempt to charge) a "cancellation fee" if the sale falls through for ANY reason. Whether or not they can lawfully enforce such a "cancellation fee policy" is certainly open to debate in the first place, but in any case is NOT limited merely to exercising right of first refusal.

Hi. I am a former real estate agent. In general, real estate terms governing a sale must be in writing and signed by all parties to the transaction to be enforceable. Legally they would have a difficult time collecting the cancelling fee relative to the timeshare bid, since there was no binding contract. It is basically a scare tactic to extract money from the buyer who has suffered "buyer's remorse" or was perhaps not serious to start with. Most states have a recission period relative to a real estate contract, where you can cancel without any penalty and the buyer's money must be returned. Stan.