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Re: Resort Condos Plus - anyone? (by KC):
caseyc12 wrote:Can they actually try to collect $2k from us for sale of this property if nothing was ever signed and my wife did not agree to anything?I feel like the section in here about Right of First Refusal means that my wife not agreeing to the sale may be some protection unless I'm reading about the wrong thing.
Basically I'd like to know if I need to try and find a lawyer now or wait and see if they are bluffing about sending us to collections. I never gave them any payment or means of payment, or my credit card number.
"Right of first refusal" is completely irrelevant to the issue at hand. In the timeshare world, "right of first refusal" generally refers to the exercise of a developer option to "match" the purchase price of a private resale buyer under contract and just buy it back themselves out from under the prospective buyer at that very same price. It used to be a common phenomenon in bigger chains (like Marriott, for example --- or Hyatt) but ROFR seems to be less widespread these days with even the developers being strapped for cash. In any case, ROFR it's not actually in ANY way even remotely relevant to your situation.
As far as contracts go, contracts can indeed certainly be verbal only, with nothing at all existing in writing, and still be completely lawful *IF* *BOTH* parties have overtly verbally mutually agreed to terms. However, unless you were audio recorded by these weasels overtly agreeing to terms, I wouldn't worry about it. Tell them to go pound sand --- they have no case and don't have a leg to stand on. For that mmatter, they likely don't have a "collections dept." in the first place. Call their bluff.