carvana wrote:I personally do not consider a call to a resort "asking if the seller WAS the owner and if they had any liens or past due maintenance fees" to constitute "due diligence". A title search requires a visit (or call) to the court house and examining a title is a legal function. As has often been said, "The person who represents himself in a legal matter has a fool for an attorney". Typical title insurance on the sale of a timeshare is $130-$150 based on my experience. This is a small price to pay for peace of mind especially when one pays >$15,000 to a developer.
Sorry, but I respectfully disagree. If one calls the resort to verify that the seller is the owner then that constitutes that he/she has a clear title. Otherwise the timeshare and title wouldn't be in the seller's name at the resort.
The seller could have previously transferred the title to an adult child and recorded the deed without notifying the resort of the title change. The original owner could then sell the property to you and a call to the resort would not disclose the change in owners.
Also, one can do a title search themselves by calling the county deed department where the timeshare/resort is located. No need to throw away good money for a title search when that's something you can easily do yourself.
It sounds like you are beginning to agree with me which is a good sign. In your earlier post you did not indicate your due diligence involved anything more than contacting the resort. Still, unless you are experienced in title searches you and the $10 clerk you are talking to at the court house could overlook something as significant as a Federal Tax Lien. Having to pay the IRS for someone else's tax debt to avoid losing your timeshare could sure ruin your day!
And, why would anyone feel the need to do a title search for a developer bought timeshare?