What if your reservation starts March 27 and goes well into April

[hlhlaw07]

I wish some of the attorneys on this board and/or those who've shown in the past that they have detailed knowledge of Florida timeshare law, whether or not they're actually attorneys (yes, @drusba, where are you?) would comment.

I am an attorney. And the reason you likely don’t have the known attorneys chiming in here is because scenarios like this are not clear cut and will very much depend on the actual wording in the signed contract. Further, as an attorney, it is never a good idea to put yourself in a position where you could be viewed as giving legal advice without having established an attorney client relationship and reviewing all the facts and documents to each specific case. Thus, I would be shocked if the real attorneys want to weigh in on this matter. But, as always, YMMV.

 

[davper]

Of course, and in normal circumstances that would be true. But, the contract assumes that the owner can deliver the product being sold, and that is the room.

The owner sold a room. If they can’t deliver the room, then they are in breach. A contract needs an offer and a consideration. If that consideration isn’t given, or can’t be, it null and voids the contract.

It would be like ordering a pizza and when you go to pick it up, they say, well, our oven is broken so we can’t give it to you, but because it was a non refundable special, we get to keep your money.

The Contract says you are only entitled to a refund if the member was negligent in making the reservation. That is why in the first part of the contract, they make you sign that you have been inform that you should get insurance because there are no refunds.

 

[Sandisw]

The Contract says you are only entitled to a refund if the member was negligent in making the reservation. That is why in the first part of the contract, they make you sign that you have been inform that you should get insurance because there are no refunds.

I get that. But the contract also says you will provide them with the room. That is not happening. It is why renters who didn’t want to go when parks were closed but resorts open wouldn’t be able to claim refund or change because room could still be given.

 

[Cyberc1978]

I get that. But the contract also says you will provide them with the room. That is not happening. It is why renters who didn’t want to go when parks were closed but resorts open wouldn’t be able to claim refund or change because room could still be given.

I hear what you are saying that’s why my contract states that members are not liable for DVC operational changes which is the case with corona.

 

[Sandisw]

I hear what you are saying that’s why my contract states that members are not liable for DVC operational changes which is the case with corona.

I guess we will agree to disagree

 

[GoofyDad1970]

Folks, I am an attorney. I am not looking for legal advice re what my obligations are with a renter. If I were, I would look at the agreement I have with them. I am asking about what DVC will do. Will they cancel the whole reservation, or just the March days (assuming the closure period is only through March). I thought perhaps someone else who is in this situation might have already called DVC to ask.

 

[CarolynFH]

I am an attorney. And the reason you likely don’t have the known attorneys chiming in here is because scenarios like this are not clear cut and will very much depend on the actual wording in the signed contract. Further, as an attorney, it is never a good idea to put yourself in a position where you could be viewed as giving legal advice without having established an attorney client relationship and reviewing all the facts and documents to each specific case. Thus, I would be shocked if the real attorneys want to weigh in on this matter. But, as always, YMMV.

Sorry, when I typed that I was primarily thinking about the points banking issues, not the rental issues. I should have made that clear.