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Timeshare Contract

TIMESHARE CONTRACT

This Timeshare Contract ("Contract") is entered into on [Effective Date] by and between [Your Name], with an address at [Your Company Address] ("Seller"), and [Buyer's Name], with an address at [Buyer's Address] ("Buyer").

1. DESCRIPTION OF PROPERTY

1.1 Property Address: The Seller hereby sells to the Buyer the rights to the timeshare located at [Property Address], including but not limited to [Unit Description].

1.2 Unit Description: The timeshare unit is described as follows:

  • Unit Type: [Unit Type]

  • Location: Located on the [Floor Number]

  • Bedrooms: [Number of Bedrooms]

  • Bathrooms: [Number of Bathrooms]

  • Living Area: Spacious living area

  • Kitchen: Fully equipped kitchen

  • Balcony/Patio: Private balcony/patio overlooking [View]

Unit Size: Approximately [Total Square Footage] square feet/meters

Unit Restrictions: The use of the unit is subject to the following restrictions:

  • The unit may not be altered or modified without the prior written consent of the timeshare association.

  • The unit may not be used for any illegal activities or purposes.

1.3 Furnishings and Personal Property: This purchase includes all furnishings and personal property currently located within the timeshare unit, including but not limited to:

  • Sofa

  • Coffee table

  • Dining table and chairs

  • Bed(s) with mattress(es)

  • Dresser

  • Nightstands

  • Refrigerator

  • Stove/oven

  • Microwave

  • Dishwasher

  • Cookware and utensils

  • TV and entertainment center

  • Air conditioning/heating units

  • Washer and dryer (if applicable)

  • Patio furniture (if applicable)

1.4 Condition of Property: The Seller represents that the timeshare unit and its furnishings are in good condition, free from any defects or damages beyond normal wear and tear.

1.5 Access and Use: The Buyer shall have the right to access and use all common areas and facilities associated with the timeshare property, subject to the rules and regulations of the timeshare association.

1.6 Ownership Rights: The Buyer's ownership rights are limited to the specified timeshare unit and do not confer any ownership rights to the underlying real property.

1.7 Transfer of Title: Upon receipt of the full purchase price, the Seller shall transfer title of the timeshare unit to the Buyer, subject to the terms and conditions of this Contract.

2. PURCHASE PRICE

2.1 Total Purchase Price: The total purchase price for the timeshare is [Total Price].

2.2 Down Payment: The Buyer shall make a down payment of [Down Payment Amount] on [Date of Down Payment].

2.3 Balance Payment: The balance of the purchase price shall be payable on [Closing Date].

2.4 Payment Terms: The Buyer agrees to pay the purchase price in accordance with the following terms:

  • The down payment is non-refundable.

  • The balance payment shall be made in full on the closing date.

  • Failure to make the balance payment by the closing date shall constitute a breach of contract.

2.5 Payment Methods: Payments shall be made by [Payment Methods Accepted].

2.6 Currency: All payments shall be made in [Currency].

2.7 Escrow Account: The down payment shall be held in escrow by [Escrow Agent] until the closing date.

2.8 Receipt of Payment: The Seller shall provide the Buyer with a receipt for each payment made under this Contract.

2.9 Taxes and Fees: The Buyer is responsible for any applicable taxes and fees associated with the purchase of the timeshare.

3. ALLOCATION OF USAGE TIME

3.1 Usage Time Period: The Buyer is entitled to use the timeshare for a period of [Usage Time Period], commencing on [Start Date] and ending on [End Date].

3.2 Reservation Procedure: The Buyer shall reserve specific dates for timeshare usage at least [Reservation Notice Period] in advance. Reservations shall be made in writing or through the timeshare management company's reservation system.

3.3 Usage Restrictions: The Buyer's usage of the timeshare is subject to the following restrictions:

  • The Buyer may not sublet or assign the timeshare to third parties without the Seller's prior written consent.

  • The Buyer may not use the timeshare for any illegal or commercial purposes.

3.4 Changes to Reservation: The Buyer may request changes to a reservation, subject to availability and the timeshare management company's policies. Any changes requested within [Change Request Period] of the reserved dates may be subject to additional fees.

3.5 Unused Usage Time: Any unused usage time at the end of the Usage Time Period shall be forfeited and may not be carried over to subsequent periods, unless otherwise agreed upon in writing by both parties.

3.6 Maintenance Period: The timeshare unit may be unavailable for use during certain periods for maintenance and repairs. The Buyer shall be notified of any planned maintenance periods in advance.

3.7 Transfer of Usage Rights: The Buyer may not transfer their usage rights to the timeshare to third parties without the Seller's prior written consent.

3.8 Dispute Resolution: Any disputes regarding the allocation of usage time shall be resolved in accordance with the dispute resolution clause of this Contract.

4. MAINTENANCE AND ASSESSMENT FEES

4.1 Maintenance Fees: The Buyer shall be responsible for all maintenance fees associated with the timeshare unit. These fees cover the costs of maintaining the common areas, amenities, and any necessary repairs or improvements to the property.

4.2 Assessment Fees: In addition to maintenance fees, the Buyer may be required to pay special assessment fees. These fees are levied by the timeshare association to cover unexpected expenses or capital improvements to the property.

4.3 Payment of Fees: Maintenance and assessment fees shall be payable annually on [Due Date for Maintenance Fees]. The Buyer shall be notified of the amount due and the due date at least [Notice Period] in advance.

4.4 Failure to Pay Fees: Failure to pay maintenance and assessment fees by the due date may result in the suspension of the Buyer's usage rights until the fees are paid in full.

4.5 Dispute Resolution: Any disputes regarding maintenance and assessment fees shall be resolved in accordance with the dispute resolution clause of this Contract.

5. CLOSING COSTS

5.1 Responsibility for Closing Costs: All closing costs associated with the purchase of the timeshare shall be paid by [Party Responsible for Paying Closing Costs]. These costs include but are not limited to:

  • Attorney's fees

  • Recording fees

  • Transfer taxes

  • Title insurance

5.2 Breakdown of Closing Costs: The Seller shall provide the Buyer with a detailed breakdown of all closing costs prior to the closing date. The breakdown shall include the amount of each cost and the party responsible for payment.

5.3 Payment of Closing Costs: Closing costs shall be paid in full on the closing date. The Buyer shall be responsible for ensuring that all closing costs are paid in a timely manner.

5.4 Dispute Resolution: Any disputes regarding closing costs shall be resolved in accordance with the dispute resolution clause of this Contract.

6. TITLE AND OWNERSHIP

6.1 Title Guarantee: The Seller guarantees that they have good and marketable title to the timeshare unit and that the unit is free and clear of all liens, encumbrances, and claims of third parties.

6.2 Transfer of Title: Upon receipt of the full purchase price, the Seller shall execute and deliver to the Buyer a deed or other appropriate instrument transferring title to the timeshare unit to the Buyer.

6.3 Title Insurance: The Seller shall provide the Buyer with a title insurance policy insuring the Buyer's ownership interest in the timeshare unit.

6.4 Quiet Enjoyment: The Seller covenants that the Buyer shall have quiet enjoyment of the timeshare unit, subject to the terms and conditions of this Contract.

6.5 Indemnification: The Seller agrees to indemnify and hold harmless the Buyer from any claims or disputes arising from the Seller's ownership of the timeshare unit prior to the transfer of title to the Buyer.

7. BREACH OF CONTRACT

7.1 Breach by Buyer: If the Buyer breaches any provision of this Contract, including but not limited to failure to make payments, the Seller may terminate this Contract and retain any payments made by the Buyer as liquidated damages.

7.2 Breach by Seller: If the Seller breaches any provision of this Contract, including but not limited to failure to transfer title, the Buyer may terminate this Contract and seek legal remedies, including specific performance.

7.3 Notice of Breach: The non-breaching party shall provide written notice of the breach to the breaching party, specifying the nature of the breach and a cure period of [Cure Period] days.

7.4 Cure Period: The breaching party shall have [Cure Period] days from receipt of the notice of breach to cure the breach. If the breach is not cured within the cure period, the non-breaching party may terminate this Contract.

7.5 Liquidated Damages: In the event of a termination due to the Buyer's breach, the Seller may retain the down payment as liquidated damages. In the event of a termination due to the Seller's breach, the Seller shall refund the down payment to the Buyer.

7.6 Dispute Resolution: Any disputes arising from a breach of this Contract shall be resolved in accordance with the dispute resolution clause of this Contract.

8. ENTIRE AGREEMENT

This Contract contains the entire agreement between the parties and supersedes all prior agreements, understandings, or arrangements between the parties.

The undersigned have read, understood, and agree to the terms and conditions of this Timeshare Contract.

Seller: [Your Name]

[Date Signed]

Buyer: [Buyer's Name]

[Date Signed]

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