• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What Country's Law Do We Fall Under?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

PrimaVen

Guest
What is the name of your state? N/A

This is a complicated situation and I'm hoping someone can guide us as to what we can do. I am Australian and my husband is a US citizen. We are living and working for a US company in South America. We live very close to Aruba (owned by the Netherlands) and visit there a lot. In Sep 2001, we thought we would purchase a time share unit at a resort for an investment. We paid $1000 deposit and agreed to pay $3500 in Oct 2001 and $3500 in Nov 2001 to complete the purchase of $8000.

When Oct came, I wrote an email authority to the resort for the deduction of $3500, it was confirmed, but the payment was never taken. In Nov I did the same thing and again, the payment was never taken. I wrote numerous emails and got no replies. We made phone calls to an inadequate customer service dept, only to be ignored. By Jan 2002, we had resigned ourselves to the fact that the resort probably folded and we had lost our $1000 deposit. In Mar 2002, a bill appeared asking for the $7000 balance, along with a letter saying that after some confusion and mismanagement, the resort was now in the hands of a new administering company.

I called the number on the letter and expressed our concerns, that we had no way of knowing the stability of this company now, because 6 months had passed and we had had no contact from anyone there, no one was anyone answering our emails or calls. We asked if based on this, was there a way we could cancel the contract and they just keep our deposit because we had lost faith in the company and the venture. She said it was possible and that I should write an letter or email to her and she would pass it on to the resort. We did that, but again, nothing was acknowledged and there has been no other contact until yesterday Sept 27, 2002.

A letter arrived from a credit management company in CA demanding payment and a contact phone number. I called the number and explained that it had been a year and we had even less faith in the company now than we did in March and why wasn't our cancellation letter acknowledged by anyone. He said his credit company was now in charge of the debt and every effort to contact us for months had failed. This is impossible because our email, phone number and mailing address has not changed in 3 years. He also called me on the house number today, and yet yesterday, he said all our numbers on our contract gave him a disconnect message...lie obviously.

He got very abusive and threatening and said that the resort was willing to waive any late fees and just accept the $7000 and call it paid in full. He made no attempt to sympathise with our lack of trust in this company now (apparently it has now changed hands again and the name on the contract is not the name of the company on the new bill). He threatened to find out my husbands company, our neighbours, where we live and finally told us to get a lawyer, even a South American one.

Now, my question is, do we have a good chance of getting out of this contract? We have no way of knowing when and if we will even be returning to the US. What can he do to us if we are out of the country?

We offered them the money and they didn't take it...and now we don't want to deal with them anymore nor want our deposit back.

Sorry this is so long, but it's such a complicated situation that we have no idea what nationality of lawyer we would need or even if we need one at all!
Can anyone tell us what the consequences will be for us from this?
Thank you
 
Last edited:


HomeGuru

Senior Member
PrimaVen said:
What is the name of your state? N/A

This is a complicated situation and I'm hoping someone can guide us as to what we can do. I am Australian and my husband is a US citizen. We are living and working for a US company in South America. We live very close to Aruba (owned by the Netherlands) and visit there a lot. In Sep 2001, we thought we would purchase a time share unit at a resort for an investment.

**A: read your purchase contract. The contract should have a clause that says something like, "this contract is governed by the laws of _______State (or_______ Country).

I did not read the rest of your thread.

********************
********************




We paid $1000 deposit and agreed to pay $3500 in Oct 2001 and $3500 in Nov 2001 to complete the purchase of $8000.

When Oct came, I wrote an email authority to the resort for the deduction of $3500, it was confirmed, but the payment was never taken. In Nov I did the same thing and again, the payment was never taken. I wrote numerous emails and got no replies. We made phone calls to an inadequate customer service dept, only to be ignored. By Jan 2002, we had resigned ourselves to the fact that the resort probably folded and we had lost our $1000 deposit. In Mar 2002, a bill appeared asking for the $7000 balance, along with a letter saying that after some confusion and mismanagement, the resort was now in the hands of a new administering company.

I called the number on the letter and expressed our concerns, that we had no way of knowing the stability of this company now, because 6 months had passed and we had had no contact from anyone there, no was anyone answering our emails or calls. We asked if based on this, was there a way we could cancel the contract and they just keep our deposit because we had lost faith in the company and the venture. She said it was possible and that I should write an letter or email to her and she would pass it on to the resort. We did that, but again, nothing was acknowledged and there has been no other contact until yesterday Sept 27, 2002.

A letter arrived from a credit management company in CA demanding payment and a contact phone number. I called the number and explained that it had been a year and we had even less faith in the company now than we did in March and why wasn't our cancellation letter acknowledged by anyone. He said his credit company was now in charge of the debt and every effort to contact us for months had failed. This is impossible because our email, phone number and mailing address has not changed in 3 years. He also called me on the house number today, and yet yesterday, he said all our numbers on our contract gave him a disconnect message...lie obviously.

He got very abusive and threatening and said that the resort was willing to waive any late fees and just accept the $7000 and call it paid in full. He made no attempt to sympathise with our lack of trust in this company now (apparently it has now changed hands again and the name on the contract is not the name of the company on the new bill). He threatened to find out my husbands company, our neighbours, where we live and finally told us to get a lawyer, even a South American one.

Now, my question is, do we have a good chance of getting out of this contract? We have no way of knowing when and if we will even be returning to the US. What can he do to us if we are out of the country?

We offered them the money and they didn't take it...and now we don't want to deal with them anymore nor want our deposit back.

Sorry this is so long, but it's such a complicated situation that we have no idea what nationality of lawyer we would need or even if we need one at all!
Can anyone tell us what the consequences will be for us from this?
Thank you
 
P

PrimaVen

Guest
Clause 12. The Purchase Contract shall be governed under and interpreted and enforced in accordance with the laws of the British Virgin Islands, without regard to the conflict of laws principles thereof:


Does this give a Californian the right to call me on the phone and threaten and harrass me like he did?
 

HomeGuru

Senior Member
PrimaVen said:
Clause 12. The Purchase Contract shall be governed under and interpreted and enforced in accordance with the laws of the British Virgin Islands, without regard to the conflict of laws principles thereof:

**A: so there's your answer. If you only took the time to read in the first place, you would have known the answer before you posted.
************

Does this give a Californian the right to call me on the phone and threaten and harrass me like he did?

**A: If you read the red words above, it states "US Law Only- Please Include Your State."
 

I AM ALWAYS LIABLE

Senior Member
PrimaVen said:
"Our mailing address on our contract is FL."


=========================================


My response:

Well, that makes a BIG difference.

So what?

Do you understand English? You bought a time-share in Aruba, not the United States. Who cares where you have a "mailing" address? The time-share isn't in Florida.

This site is for United States law only. We don't deal in South American law. And, it doesn't matter from where the collection agent called you. He could have called from the moon. So what?

Geez!

IAAL
 
P

PrimaVen

Guest
Wow..such mature responses. I'd hate to think that you are real lawyers and people actually pay you by the hour for your advice. Thanks for your time.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Wow, such ignorance!

If you had read, AND understood the following sentence (which is plastered all over this site in big RED words) you wouldn't have posted here in the first place.

"**** U.S. LAW ONLY - PLEASE INCLUDE YOUR STATE BECAUSE LAWS VARY FROM STATE TO STATE.****"


So, don't blame us if you refuse to read, or understand, or follow, the instructions of these forums.

IAAL
 
Last edited:
P

PrimaVen

Guest
I can read very well thank you, and in 4 languages. But my question was in simple english and if it wasn't a case of US law, why is a Californian credit company harrassing us and does he have a right to do it? If not, then I will tell him so next time he calls. That's all you had to say instead of resorting to name calling and acting like you're smarter than we are.
You might wonder what we're doing down here in the first place and believe me it isn't by choice or for pleasure. We're here to keep YOUR US smart asses safe in YOUR country!
I had hoped for a little politeness at least.
You really needn't reply, it was obviously too hard a question.
 

HomeGuru

Senior Member
PrimaVen said:
I can read very well thank you, and in 4 languages. But my question was in simple english and if it wasn't a case of US law,

**A: this is exactly our point. It is not a case of US law so you should not have even posted a thread.
You just can't seem to understand that.
*********

why is a Californian credit company harrassing us and does he have a right to do it? If not, then I will tell him so next time he calls. That's all you had to say instead of resorting to name calling and acting like you're smarter than we are.
You might wonder what we're doing down here in the first place and believe me it isn't by choice or for pleasure. We're here to keep YOUR US smart asses safe in YOUR country!
I had hoped for a little politeness at least.
You really needn't reply, it was obviously too hard a question.

**A: somehow with you there, I do feel a little safer.
 
P

PrimaVen

Guest
Keep your little mind in Pleasantville where you obviously live sir and let some of us handle the real world where the real problems are.
Please let's not waste any more precious band width on this thread.
 

HomeGuru

Senior Member
PrimaVen said:
Keep your little mind in Pleasantville where you obviously live sir and let some of us handle the real world where the real problems are.
Please let's not waste any more precious band width on this thread.

**A: when Primadonna speaks, no one listens.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top