Can anyone recommend an attorney in Las Vegas?

We bought a timeshare, (our 8th), in Las Vegas and on the 27th or 28th day they have stated that our contract was drawn up incorrectly and that they want us to sign a new one. The new one doubles what we would be paying for this timeshare and they have stated that if we do not sign a new one and agree to the higher/longer payments that we will be in default.

We reside in California but have been told that we should get a lawyer in Las Vegas to handle this. Help please.

Diana

Before you get an attorney, you might want to try a couple of things like calling the Las Vegas Better Business Bureau and Board of Realtors and making complaints.

Also - I don't see how they can enforce a new contract if you don't sign it, so how could you be in default? And if they aren't going to honor the first contract, how could you be in default on it?

Others might be able to provide more specific info., if you post exactly where you bought, and from whom.

They draw up an incorrect contract which you, and presumably they, signed. Surely they are the ones in default if they renege on the deal, not you.

My 2 Cents Worth

If I had a contract in hand that both parties had signed for 1/2 of what they want you to sign now. I would say they are bluffing. If I wanted the property I would insist on them honoring the contract signed by both parties and would refuse to sign a new contract. If they haven't signed the original contract I would demand my money back if they aren't going to honor it.

I don't believe you can be in default of a contract you have not signed.

Just my 2 cents worth and I am not an attorney.

Dale

I agree with the others that this should be a slam-dunk, depending on whether you want to get out of it or make them adhere to the original contract.

My only qualification is that you might be in a losing or negotiating situation if there is a document that both parties signed, such as when you initially agreed to make the purchase, that has different terms than the contract, if the contract came later. I was recently involved with a case where the previously expressed intent of the parties eventually overrode an executed contract that had obvious erroneous language.

Because of the legal issues at stake, I concur that consulting with an attorney is well worthwhile - to ensure you know what options you have.

For that reason, I encourage you to call the Clark County Bar Association (which covers Las Vegas) at (702) 387-6011 and ask for a referral to an attorney with general real estate contract expertise. Using the site's Attorney Guide doesn't come up with an attorney with that expertise.

Dave M said:

I agree with the others that this should be a slam-dunk, depending on whether you want to get out of it or make them adhere to the original contract.

My only qualification is that you might be in a losing or negotiating situation if there is a document that both parties signed, such as when you initially agreed to make the purchase, that has different terms than the contract, if the contract came later. I was recently involved with a case where the previously expressed intent of the parties eventually overrode an executed contract that had obvious erroneous language.

Because of the legal issues at stake, I concur that consulting with an attorney is well worthwhile - to ensure you know what options you have.

For that reason, I encourage you to call the Clark County Bar Association (which covers Las Vegas) at (702) 387-6011 and ask for a referral to an attorney with general real estate contract expertise. Using the site's Attorney Guide doesn't come up with an attorney with that expertise.

Click to expand...

Well I spent all day yesterday trying to find a lawyer in California and Nevada with no luck! I will try the number you have listed above Dave. Bluegreen sent a copy of a Purchase Proposal that is still not very clear. It also states very clearly at the bottom, exactly as I have typed it:

Notice: This document is a WORKSHEET. It is not intended to be an offer or a contract and IT HAS NO BINDING EFFECTon seller or owner. Actual offers must be formally typewritten on official letterhead and signed by an authorized representative of the seller. The seller is Bluegreen Vacations Unlimited, Inc.

Click to expand...

They included a new contract with the old dates but new amounts that they want and have stated that we have no choice but to sign them or we will be in default.

I am trying to find an attorney that specialized in contracts to make sure all "i"s are dotted and "t"s are crossed when sending a response requesting that they either honor the original contract or completely null and void the whole transaction and refund my money. We are not trying to default and we do not have buyer' s remorse. We simply expect them to either abide by the original contract or else pitch the whole thing out the window.

I will also report this to the BBB up there because I am sure it can' t possibly be that we are the only ones they are doing this to. I really feel sorry for any of the attendees that have never owned a timeshare or gone to a presentation before that are dealing with this same issue without the added value of the Tug forum support syetem. Thank you to everyone that has responded and if you have any other comments, please share them.

Diana

Diana,

I asked a friend & he had two suggestions,

http://www.chambersandpartners.com/usa/FirmProfile.aspx?fid=85522&mode=firms&display=1

and
http://www.lawrosen.com/


Good luck.


Richard

I'll bet a local attorney can help you. Call the lawyer referral service at the Riverside County Bar Association. Be sure to ask for a referral to a lawyer with real estate contract expertise.

As stated at the link, your maximum cost for the first half hour will be $35. After that you can decide whether you want the attorney to write a strongly worded letter on your behalf or whether you believe you have enough info to handle it yourself. I strongly encourage you to lean in the direction of attorney involvement. Your task should be much easier once the resort finds you have legal representation!

A Las Vegas attorney is a good idea. The problem is that the amount at stake is likely to be so small that no decent attorney will handle it. You would wind up paying the attorney more than the original purchase price of the timeshare.

That said:

1. If you signed a contract for a specific amount, they cannot claim you are in default because you will not sign a contract to pay a higher amount;

2. The written contract might not be the final word on this. It depends on the wording of the contract, and whether there is anything else that indicates you knew you were supposed to pay a higher price;

3. If you thought you were getting the timeshare for the lower price, and they thought they were selling it for the higher price, in the absence of any other facts, this might be considered a "mutual mistake," which makes the entire contract void and not enforceable by either side. Even if both parties signed it. However, if there is no way that their mistake can be considered reasonable, then you might be able to claim it is not a mistake, but merely fraud on their part.

As you see, the issues can get quite complex, which is why an attorney is a good idea. The problem is that, in instances such as this, it usually is not economically efficient for you to hire an attorney and pursue your rights. Litigation over this issue is likely to cost you somewhere between $50,000 and $100,000 in legal fees, which you might not get back, even if you win the litigation.

That is why it is almost always a better idea to come to a mutual compromise and settle the issue without litigation. Maybe you will pay a little more, they will discount the property a bit, and you will get additional benefits not originally agreed to (bonus weeks, some kind of points privilege, a second, "Every Other Year" unit at this price for which you will be responsible for additional annual fees, etc.) What is most likely is that any attorney you find will tell you that it is in your best interest to settle the matter, either by compromise or by both walking away.

I meant to add that I worked with Charles LoBello of LoBello & LoBello in Las Vegas, back in 1993 or so, and he was tenacious, honest, ethical and very detail oriented. But that was 13 years ago, and I doubt that he would be interested in handling such a small case.

Read what you signed. If you don't understand it, ask someone else to read it. If it's really technical, then you probably should get a lawyer, but not necessarily a Nevada lawyer. A contract should be read and understood by itself....if a worksheet is incorporated by reference, then fine, if not, disregard the worksheet.