Breach of Contract?

I currently own through Celebrity Resorts Waikiki. This unit is a right-to-use that expires in 2009. Celebrity Resorts also looses their lease on the property at the end of 2009. My season for usage is listed as September. I am prepared to pay my maintenance fee for 2009 and reserve my week but Celebrity is telling me the resort is only taking reservations until April of 2009. I am not prepared to take a week that is earlier than in my contract. I want the week during the time frame as stated in my contract. I called their customer support to receive several different answers so I have finally resorted to written communications only via e-mail. They have written me to tell me I can reserve the week then written me to tell me I cannot reserve the week. All coming from the same person. Now they want me to call them about the matter after I sent them an email about being in “breach of contract”. I informed them I have no plans of paying my maintenance fee if they cannot fulfill their end of the contract and if they send it to collections, I will file suit. I am fully prepared to pay the fee if I can get the week as stated in the contract. I also informed them that I wish to be released from the contract as they cannot fulfill it as stated. What are my options? Are they in “breach of contract”?

tims82 asks: >> What are my options? Are they in “breach of contract”?<< ============================================

Few here are attorneys --- and NONE here have actually ever seen your contract or its content or terms.

My suggestion, to take or ignore as you may see fit, would be to take all of your contract documents and related correspondence directly to an attorney who specializes in contract law for his/her review and recommendation and see if you want to engage his/her services on your behalf.

Since you've apparently already overtly threatened to "file suit" (which may or may not have been a helpful strategic move on your part) you might as well now move from "talk the talk" to "walk the walk" --- and at least have an initial consultation with an attorney.

Just my opinion...

It's not as hard to get out of these contracts as consumers think. Most companies are putting it in their budget to pay for cancellations now. I know my old site budgeted for a few million because they know there are MANY companies now that are assisting with cancellations.

The reason many companies often collect fees upfront is because no one wants to pay someone to get them out of their contract...... a lot of people feel as though they lost twice if they have to pay ANOTHER fee just to cancel something they have paid a ton of money into. Once the consumer is free and clear of their deed or contract they fail to pay the company that helped cancel their contract. Just being honest of how it works and why some companies ask to be paid upfront.

Whats even more sad is when we get calls that people want help SELLING their timeshare. That's like selling someone a lemon car. Many timeshares are for list for sale for $1 on eBay because they just want relief from MF.

Timeshares aren't necessarily bad, it's just people aren't properly taught how to purchase them.

Saram280 I just reported you to Redweek for running the same SCAM again in here . You're a low life SCAMMER . I see you changed your screen name by one number . I'm sure you will continue to pop up again in here using different screen names . We'll be watching for you and put your SCAM operation out of business every time you come back here . Crawl back under the rock you just came out from under. Anyone dumb enough to contact this low life deserves to lose their hard earned money .