QUESTION
Can they refuse us the use of timeshare for not paying the late fee?
Asked on Apr 07th, 2014 on Estate Planning - Michigan
More details to this question:
We own the week in question and have paid the maintenance fee but refuse to pay the late fee. They are refusing us the use of the week. Is this legal?
11 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Look at your agreement. I'll bet they have the right to keep you out.
Answered on Apr 10th, 2014 at 9:37 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Not having the contract in front of me to review, and not knowing where the timeshare is located, then they make the rules, and if you want to use the time share ,then you will need to pay.
Answered on Apr 10th, 2014 at 9:37 PM
3 Awards
Check your contract. Probably.
Answered on Apr 10th, 2014 at 9:37 PM
2 Awards
Yes. If you paid the maintenance fee late and owe a late fee, they can refuse the use of the timeshare.
Answered on Apr 10th, 2014 at 9:37 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Probably. It is probably in your agreement with them. You need to review that to determine what their rights are. If the late fee is a nominal amount and your payment was late, I would probably pay it.
Answered on Apr 10th, 2014 at 9:37 PM
Thomas Edward Gates
You need to read the terms of your agreement to see how late fees are billed and how nonpayment of the late fee is treated.
Answered on Apr 10th, 2014 at 9:37 PM
Probably, check your time share purchase agreement.
Answered on Apr 10th, 2014 at 9:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Look at your timeshare contract, but I suspect that they are correct.
Answered on Apr 10th, 2014 at 9:37 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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it depends upon the contract.
Answered on Apr 10th, 2014 at 9:37 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The terms of the time share agreement will control. Is there a provision that requires all fees to be paid in order to access the property?
Answered on Apr 10th, 2014 at 9:37 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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When you bought, you signed a contract. If the contract says they can charge a late fee. And not let you use your week until it's paid, then yes, they can do it.
Answered on Apr 10th, 2014 at 9:37 PM