How To Terminate A Timeshare Contract
Non Performing Timeshare Contract or Breach Of Timeshare Contract. You Have The Right To Terminate A Non Performing Contract.
A party has the right to terminate a Timeshare Contract for non-performance and sue for damages as long as the non-performance affects the core of the Timeshare Contract agreement. Even though parties are expected to fulfill all of the terms of the contract, non-performance does not always constitute a violation of a Timeshare Contract.
Under contract law, you are only afforded the right to void a contract as a last resort measure. Additionally, you can often remedy the non-performance of a contract without having to cancel the contract or take their case to court.
Breach of Timeshare Contract in Court
Since the performance of a Timeshare Contract can be difficult to categorize. The courts have begun to see these cases in terms of “breached” and ” not breached”. A fair judgment of “substantial performance” can also prevent a party that has mostly fulfilled their obligations. Stated in the Timeshare Contract will be the terms of breach or performance. Not identifying these terms may result in suffering a major loss in a claim due to falling short in an area of the Timeshare Contract.
The court may limit cases to those where a true breach has occurred, causing the Timeshare Contract to not be fulfilled. The court would otherwise be swamped with cases if every customer filed a claim for damages for dissatisfaction or imperfections in services. If the party fell short of perfection but substantially performed the duties underlined in the Timeshare Contract, they have the right to sue for payment.
Though it is possible for the dissatisfied party to win an adjustment to the payment. If the party fails to perform the contract fully and affects the essence of the contract; they cannot sue for payment even if the failure was unintentional.
Remedies for a Timeshare Contract Breach
When a Timeshare Contract is breached, the non defaulting party can seek remedy or relief under the law. There are several remedies for breach of contract, including:
- Damages. The payment of monetary or other types of damages is the most common remedy for a contract breach. These can come in the form of compensatory, punitive, nominal, or liquidated damages.
- Specific performance. If damages do not fully compensate for the loss or injury that has occurred, the innocent party can request the court to award specific performance, which requires the breaching party to perform his or her contractual duties.
- Cancellation and restitution. A non defaulting party can choose to terminate the Timeshare Contract and file a restitution claim if he or she has given any benefit to the defaulting party.