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Re: unable to give away timeshare-need lawyer? (by KC):

donp196 wrote:

I have to respectfully disagree with you Ken . No one can get inside someone's mind and see what their intent is. ..... The hypothetical solution has a few twists . It could be anyone that is willing to take the timeshare off your hands including someone that has absolutely nothing to lose .

I challenge you to show me anything in a contract that states that the owner has to check the credit of the person they transfer ownership to . The resort may have the right to first refusal that actually works in the owners behalf. The resort can take back the property and that is a win win for everyone. As far as requiring ID that's not a problem because you are transferring ownership to is a real person and it will be notarized and perfectly legal.

I will not advise anyone to do anything illegal but since I believe in freedom of speech that I served this country to defend I will keep the conversation open and bounce ideas off people to help others. I think that is the purpose of the forums .

I'm not going to engage in a "back and forth" debate of this "hypothetical". You make some interesting points and you are certainly free to express them. This is, after all, a discussion forum by design and intent. I've served my country too by the way, although that fact is completely irrelevant to the content and substance of the conversation at hand.

You suggest that somehow I should be "condemning" timeshare developers. That's not my role or job and it's not at all constructive to just throw stones. Timeshare ownership is a contractual obligation, voluntarily accepted. People who have freely and voluntarily CHOSEN to pay significant chunks of their hard earned money to lying timeshare developers are responsible and accountable for their own choices and decisions. Personally, I thoroughly despise the slimy and deceitful likes of Westgate, Wyndham, DRI; I have nothing but unmitigated contempt for them --- but my personal opinion is neither relevant nor useful to the discussion of contractual obligations or to the "hypothetical" scenario you've presented. People make their own decisions and choices, good or bad. All that can be done in a discussion forum like this is try to help inform and warn others and I do my level best to do precisely that. Unfortunately, far too many people make a bad timeshare purchase decision, then proceed to just ignore the rescission opportunity available to them (by law, with written instructions handed right to them at the time of contract execution), then later seek to "escape" AFTER it is already too late to help them. That's unfortunate, but it's a harsh reality that neither you nor I can somehow magically reverse.

There are specific elements to a fraud case. The issue you mention of "credit worthiness" would be completely and absolutely irrelevant to the case in your hypothetical scenario. The issue of substance would simply be that the "grantor" would have known full well (very easily proven from retrievable payment records) that there are contractual annual fee obligations associated with the timeshare ownership and your "homeless grantee" would know no such thing (also very easily proven from his / her statement and / or testimony). Therein lies the fraud; no informed or valid "acceptance", entire transaction and deed easily voided. Slam dunk.

Likely to actually be prosecuted? No. Reversal of the fraudulent transaction right back to the would-be "grantor"would surely suffice to promptly reverse and resolve the matter.