Jan 09, 2009

Does anyone know if you can get out of a contract due to medical reasons?


Fran B.
Jan 09, 2009

franb40 wrote:
Does anyone know if you can get out of a contract due to medical reasons?
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The short answer is no --- there is no "opting out" of a contract for medical reasons (or for any other reason, for that matter). A competently prepared, lawfully executed contract remains a valid, tight and rock solid legal instrument for its' term duration. If an egregious breach of contract performance occurs, one party can file suit against the other, but it's ultimately up to a court of law to make any legal determinations on breach of contract claims (i.e., neither party to the contract can just independently decide to make that determination on their own without inviting serious legal consequences).

If your question specifically pertains to a timeshare purchase (a detail not actually indicated anywhere within your posted question), you can approach the other party (in writing) to inquire if they would voluntarily release you from the terms of the contract. If the contract involves a timeshare entity outside of the U.S. (e.g., Mexico, to cite just one specific example) your chances of success are basically zero if the contract was properly executed and is legally valid. However, if it's a major chain based within the U.S. (e.g. Wyndham, Marriott, Hyatt, Hilton, etc.) they *MIGHT* consider releasing you from the remainder of a contract as a "public relations" gesture of good will (...and if they believe they can resell the product to someone else with relative ease, so it's not entirely just a matter of "good will" on their part). It's not common, but it does indeed happen on rare occasion. This process would involve your voluntarily "deeding back" your existing ownership to the corporation / company (this can be done ONLY with their prior full knowledge and overtly expressed acceptance, of course). You would forfeit any and all funds paid to date (i.e.,there would certainly be no "refunds"). Odds for success are frankly not at all in your favor, but it can't hurt and it costs nothing to at least ask. However, do so ONLY in writing and under signature --- phone calls would be a complete waste of your time (...and theirs, which won't be much appreciated). A detailed, specific, written submission and request, with all contract details and information provided and included, upon receipt at corporate headquarters, would be internally forwarded to the corporate legal counsel for review, assessment and response. I am personally aware of several specific instances in which a "deedback" and voluntary contract cancellation has occurred. If the corporation is well aware and clearly convinced that continued payment is highly unlikely and that they will almost certainly be initiating costly foreclosure proceedings anyhow, they *MIGHT* (repeat MIGHT) consider the request. If not, rest assured that they will tell you so very clearly and in no uncertain terms. Good luck.


KC

Last edited by ken1193 on Jan 10, 2009 06:57 AM

Jan 09, 2009

Is this a developer bought purchase or a resale purchase?

I doubt you'd be succcessful since they've heard every sob story under the sun, but it wouldn't hurt to try. Get your doctor to write a description of your health problems on his official stationary with his official signature and send to the seller.


R P.

Last edited by jayjay on Jan 09, 2009 01:04 PM

Jan 10, 2009

No, we have what I call "Investment" lots of money In the Luxx; but still owe. My problem, we just found out my husband has severe MS.

I know fact is they DON'T GIVE MONEY BACK!!!!!!! It's Mexico, but I am hoping we can renegotiate the deal with the money they already have of mine ($100k)

I sure appreciate you inputs and responses! Thank you so much.


Fran B.

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