Timeshare Contract
I am attempting to sell a timeshare located in Maui (a Marriott property). I am located in Illinois and had a buyer in Oregon who signed a contract with me and is now backing out -- essentially cancelling -- on the 11th day after signing. He is only informing me via email after my repeated attempts to contact him to get the deed transfer process moving forward and collect the funds.
I am using a title transfer company located in Florida and the buyer is citing a Florida law stating that he has 10 days to cancel per Florida law. First off, would this law apply just because the title company is in Florida? And, if so, does it even matter since he is only informing me on the 11th day? No money has exchanged hands so far, but I have incurred a $95 fee from Marriott to obtain a First Right of Refusal waiver, which I'm asking him to cover. The contract he signed says: "If the SELLER cancels the purchase for any reason other than Marriott’s right to purchase, then the SELLER agrees to reimburse BUYER for any fees incurred related to the transaction."
What are my rights here and which state's laws apply?
|