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Post Mortem Transfer Fee Question

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  • Post Mortem Transfer Fee Question

    I you transfer a week to a new owner, and record the deed, how can a resort charge you a transfer fee, or enforce it, since you are not an owner any more, and you never agreed to it in any manner?
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  • #2
    They enforce it by not recognizing the buyer as a member of the hoa, and by continuing to bill the seller for the maintenance fees,

    transfer fees are a fact of life at every condo Ive seen, why should timeshares be any different

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    • #3
      Originally posted by ronparise View Post
      They enforce it by not recognizing the buyer as a member of the hoa, and by continuing to bill the seller for the maintenance fees,

      transfer fees are a fact of life at every condo Ive seen, why should timeshares be any different
      This happened to me on a timeshare I gave away. I ended up sending the transfer fee with a copy of the recorded deed.
      Jacki

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      • #4
        What if the resort does not provide any information about anything concerning the resort anywhere? Absolutely nothing. No handbook. No newsletter. No informational mailings. No schedule of fees or how to do things to any owners. No website. Nada. Zip. Zilch.

        I'm not doubting a resort can have a transfer fee. Of course they can. But if they don't announce it or make it known to the owners in any way, how could they say the new owner, deeded and recorded, is not an owner? A deed is a deed is a deed, and I would like to see the "law" that allows an association to deny ownership to a deeded owner.

        So, show me the law.



        Why should timeshares be any different?>>>>>>>Why should they be the same?

        The essence of my question is how can an association charge a fee to someone who does not own property governed by the association?
        RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

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        • #5
          In my case, I believe the new owner never contacted the resort to transfer the ownership. When I got the annual maintenance bill, I called them and they never heard of the new owner. How could they, if no one let them know? So I sucked it up and mailed them the $100. I figured it was money well spent, and I never got another bill from them.
          Jacki

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          • #6
            I don't think anyone here would think that I would not notify our resort(s) and provide a copy of the deed to them, if we were able to transfer our weeks to someone else.

            Immediately.

            RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

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            • #7
              Originally posted by JLB View Post
              I don't think anyone here would think that I would not notify our resort(s) and provide a copy of the deed to them, if we were able to transfer our weeks to someone else.

              Immediately.

              I trust you will


              I sold a Starwood week for a few hundred dollars, it served me well but I did not need it anymore to go to the Atlantis (I prefer STT)
              The buyer, a known TUGer, handled the closing and paid for the transfer…..but I was always kinda expecting to get a maint fee bill.
              I didn't, but if I did, I would have done what Jacki did - send the deed with the $25 transfer fee.

              It's not over until it's OVER.
              Pat
              *** My Website ***

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              • #8
                I would not bicker over $25.

                $500 maybe.
                RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

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                • #9
                  Originally posted by JLB View Post
                  I would not bicker over $25.

                  $500 maybe.
                  starwood is $25 plus closing fee.
                  Marriott's ROFR is $100 plus closing fee. Wyndham is $299 plus closing fee. Morritts total closing/ transfer fee is $350ish, Bluegreen total transfer/closing fee is $450... So who is charging $500?
                  Pat
                  *** My Website ***

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                  • #10
                    There is no denying that a deed is a deed and an owner is an owner.. But just owning a timeshare does not give you the right to use it except in accordance with the with the documents that created the timeshare in the first place...and I bet these are referenced in your deed,

                    A somewhat related, non timeshare, example from the world of condos (and timeshares are nothing except condos) There are in Florida condos that are age restricted. At least one of the residents has to be over the age of 55. This rule is written into the condo docs, and filed with the deeds in the land records office.

                    It is possible for a younger person to own one of these condos, but they may not be able to live there.

                    Similarly, a person may own a timeshare but they may not be able to use it unless they comply with all the rules of the hoa, and one of those rules may be that a transfer fee has to be paid upon sale of the unit.

                    So no law....just a rule of your association

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                    • #11
                      Not saying, but one resort has a $50, $350, or $1700 transfer fee, so I've been told, I guess depending on how you rub 'em.

                      Of course, since none of that is in writing, or communicated to owners in any way, I wouldn't know for sure unless I dumbfoundly had to find out.

                      & BTW, I'm not talking about a closing fee . . . closing is already done when the resort receives a copy of the new deed.

                      The deed is done.

                      RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

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