Would you legally pursue a broken R/T contract?

[FindingFigment]

I was just wondering if it would be worth it financially to seek action legally if a renter/rentee stuck the other one with a bill? Or if your answer depends on the dollar amount, how much would have to be involved before you went that route?

 

[JWG]

I guess it depends on the cost, but your avenue is likely small claims court. You have to weight the time/energy of that against the likelihood you'd win and above that collect.

 

[disneynutz]

Time and money are the deciding factors. You also must realize that even if you get a judgment, collecting is another matter.

Bill

 

[Chuck S]

For me, it would depend upon the amount, and the circumstances. I'd be more apt to go after someone that left me with an unpaid room charge, as that directly affects my ability to use my points. If a renter simply didn't finish paying for a reservation, then it would have been within my control to cancel the reservation before the renter arrived, even if it meant point going into holding. I probably wouldn't pursue legal remedies if the renter had made payments enough to cover the dues and had simply not made a final rental payment. IF the renter asked me to add the DDP last minute, and pay me at a later date, I likely would have refused to add the plan.

 

[FindingFigment]

Sounds like the level of protection a contract adds is more perceived than actual.

 

[Maistre Gracey]

Not sure what the laws are, but if you had to travel across the country to attend court, that would likely be a deal breaker for me.

MG

 

[FindingFigment]

Not sure what the laws are, but if you had to travel across the country to attend court, that would likely be a deal breaker for me.

MG

Exactly.

 

[sajetto]

Oh no. Does this mean this has happened to you or is it just a hypothetical question?

 

[FindingFigment]

Oh no. Does this mean this has happened to you or is it just a hypothetical question?

Oh sorry. No, it's just hypothetical. Was just wondering what other people's thoughts are on the subject.

 

[JimMIA]

Sounds like the level of protection a contract adds is more perceived than actual.

Yes, it is more perceived than actual for the reason Disneynutz raised above. First, you would have the legal and financial challenge of getting a judgement. And then, IF you get a judgement (and that's a big if), you have the problem of trying to collect it.

Anyone who stiffs you is certainly not going to just pay you just because some small claims judge says they should. So you would have to hire someone to identify assets you could seize (another legal action, probably) and then actually go through the process of collection.

IMHO, the primary benefit of a contract is to ensure that both parties clearly understand their respective obligations, timelines, etc. Most rental difficulties are misunderstandings, not fraud or theft.

To the degree that your contract makes things clear, it's helpful. If you think a contract is going to protect you from loss because it gives you legal rights, you're living in a dream world.

Yes, a contract will help you...but only if you are willing to go to a considerable effort and expense to enforce the contract. For most DVC rentals, the legal cost (with a very uncertain outcome) would be far more than the loss.

 

[dianeschlicht]

I agree with Chuck. The only thing I'd be inclined to bother going after would be if they stuck me with an unpaid front desk bill.

 

[keishashadow]

I've only rented out a res a few times, prefer to transfer points out to another member.

I modified a contract linked here & revised it to require payment in full within 1 week of reservation confirmation.

Agreement stated the reservation was non-refundable and non-assignable (unless I signed off on the name change) and although I'd assist in attempting to re-rent the points, no guarantees of any refund to the renter.

Contract probably not enforceable(and I sure wouldn't sign it if a renter) but I've never had a problem - knock on wood-t hat would require me to find out.

 

[Brian Noble]

In the simple calculus of time and money, it is almost certainly not worth it. If you are willing to spend more time/money to make sure that the other party "doesn't get away with it" to prove a point, then you might be more willing.

 

[fitzpat]

It depends on what the charge was -- I would only sign a contract that would give me full payment no later than 60 days out, so I do have their money in hand long before the vacation date. If they did significant damage to the property, as a plaintiff I would have my choice of legal forums -- I could argue that the court with proper jurisdiction is the court where the renter is living (and I should put that into my calculations when I rent), or I could argue that Florida is the proper forum as the breach of contract occurred there. Of course, I could also put into the contract that the defendant (renter) agrees to a court where I live, but the court itself would have nothing to attach so... kind of a worthless clause.

Assuming I did my homework before I entered into a contract, then I would have chosen someone within working distance (so the surrounding states). I can very, very easily fill out the fill-in-the-blank small claims form, pay the sheriff to serve the complaint, and see what happens next. If they dont respond then file for default judgment, if they do respond, then proceed to negotiations. One way or another I am getting a lien on their property or I am reimbursed including court costs.

 

[jcf]

I would pursue them but I'm a lawyer

That fact, which I disclose, plus the agreement I use, is why I get prior people emailing me every year to see if I have extra points as they know the risk is reduced to ZERO with me

It also weeds out any possible scammers

 

[jodifla]

A unpaid front desk bill? To the ends of the earth -- and beyond.