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Power of Attorney - Used for control and use.

JMAESD84

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I've been bouncing this idea around in my head for a while.

I wonder if a recorded power of attorney for the disposition and use of a timeshare product could be employeed as a method of retaining certain rights of the original purchasor while obtaining full usage rights for a new user.

I'm thinking of rights that don't transfer with ownership transfers (think Star Options or The Club points) or avoiding mandatory fees that are imposed with ownership transfer (think Mayan).

What "IF" the right to use was conveyed to another via POA?

Wouldn't the resort have to recognize the user holding the rights granted via the POA?

Any other creative ideas in this regard?
 
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Talent312

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I've been bouncing this idea around in my head for a while.

I wonder if a recorded power of attorney for the disposition and use of a timeshare product could be employeed as a method of retaining certain rights of the original purchasor while obtaining full usage rights for a new user.

I'm not sure what you are trying to accomplish, but you're trowing around some terminology that doesn't apply to POA's. First, they don't "convey" anything. What they do is grant to your appointee the power and authority to stand in your shoes and act in your name, to the extent or limits that you specify in the power, until and unless you revoke the power.

Yes, you could grant to someone your right of use and your right to dispose of the property, but the property would still be yours and you'd still be liable for MF's, special assessments and damages. Whether the resort would honor your appointees power to make reservations in your name... that's another question.
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Edited to Add: And that question will likley be answered in the negative. The rules of the resort or program will take precedence on the issue of use, and that is usually limites reservations/use to the person, themselves. They'd liklely have to ask you for a guest certificate. So what use would the POA be to them?
 
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JMAESD84

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I'm not sure what you are trying to accomplish, but you're trowing around some terminology that doesn't apply to POA's. First, they don't "convey" anything. What they do is grant to your appointee the power and authority to stand in your shoes and act in your name, to the extent or limits that you specify in the power, until and unless you revoke the power.

Yes, you could grant to someone your right of use and your right to dispose of the property, but the property would still be yours and you'd still be liable for MF's, special assessments and damages. Whether the resort would honor your appointees power to make reservations in your name... that's another question.

I think you can understand what I'm trying to accomplish. Which is using the POA legal instrument to have another person "stand in your shoes and act in your name" with regard to the timeshare interest and full club membership benefits.
 

beachbob12

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retaining benifits

I would think if u purchase the original TS contract in the form of a llc, trust, scorp or some type of entity. Then u could transfer the shell or the entity therefore retaining the benifits since the original purchaser is the shell. If the developer tryed to strip the benefits from the program I would think u would have a good argument there, but each TS contract varies in its wording.

Anyone have any experience doing this?
 

deedman

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no this will not work, sorry to say. signing over Power of Attorney does not make that person the new owner of your timeshare, or allow them to receive the services or benefits you are entitled to. It merely grants them the ability to sell/transfer it on your behalf. Most TS contracts I have examined specifically state that only the names on the original deed may make reservations, and only the person that made the reservation may be allowed to check in (unless there is a guest confirmation). Considering this, the only way a person with POA can use your TS, is if he transfers the deeded ownership over to himself, in which case the "vip" benefits would not transfer. Even if a court appointed a guardian or conservator due to you being mentally incapacitated, they still can't use your TS unless they transfer ownership to themselves.
 

richardm

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You are on the right track...

I would think if u purchase the original TS contract in the form of a llc, trust, scorp or some type of entity. Then u could transfer the shell or the entity therefore retaining the benifits since the original purchaser is the shell. If the developer tryed to strip the benefits from the program I would think u would have a good argument there, but each TS contract varies in its wording.

Anyone have any experience doing this?

This isn't a strategy used very often (since the benefits normally aren't worth the effort)- but it is possible..

For example, a property purchased in a stand alone trust or llc could be transferred "intact" by changing the trustee or signor for the company.

In the past when Wyndham VIP privileges were more marketable, there were a few resellers who tried to arrange something like this by getting the seller to create a trust, notify the resort of the change of ownership to the trust (they allowed the privileges to stay intact because the individual contacting them was the same)- and then later changing the trustee to the new buyer..

In effect, this changed the ownership individual without legally changing the ownership entity..
 
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