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Re: Getting rid of your timeshare (by Catharine M.):

EXAMPLE OF A SIMILAR PROBLEM TO YOURS Expert: Dave Heine - 2/28/2011 QUESTION: Dear Dave:

My parents bought a timeshare in Florida over 25 years ago. It is the Sheraton Vistana in Orlando. They cannot sell it, give it back or donate it. There is no mortgage. My dad just died and now the timeshare belongs to my mom - it was in both their names. She is 86 and having a hard time keeping up with the maintenance and fees.

I just learned that the Warranty Deed reads as follows:

'The benefits and obligations hereunder shall inure to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. The grantor does hereby fully warrant the title to the unit week and will defend the same against the lawful claims of all persons.'

Does that really mean that my four siblings and I MUST assume the timeshare payments even though we had nothing to do with buying it? We have never even stayed there. Vistana refuses to take it back. If they have the right of refusal, why don't we? We live in NJ. None of us want it or can afford it. I cannot believe that this kind of trickery on their part is legal and binding. What can we do?

Thank you.

ANSWER: Hi Alice:

First sorry to hear about your loss. Lets try to look at this in parts for the time being, but I am going to take it out of order to make it easier..

First the part of "'The benefits and obligations hereunder shall inure to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. The grantor does hereby fully warrant the title to the unit week and will defend the same against the lawful claims of all persons.'"

This is standard language on a General or Special Warranty Deed. The first part is what allows it to be passed down from generation to generation. The part where they say they fully warrant the title, means if someone else claims they own it, they will defend their title at their expense.

Second, if your mom passes away and the deed is in here name, you do not have to assume the liability for it. Just like a house or a condo, they will foreclose it for the lack of payment of the maintenance fees. They would be foreclosing against a dead person so your credit would not be in danger.

Starwood Vistana to my knowledge does not have a right of first refusal in there documents, so I do not think that is an issue. There is no trickery on their part. Basically your mom and dad bought one week every year or every other year in a condominium and therefore are legal owners there.

Just like with your house or a condominium, no one is legally required to let you take back your purchase after the fact. BUT YOUR HEIRS ARE NOT LIABLE FOR IT

Dave

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