Can Travel Exclusive proceed without my signature on the timeshare transaction?

Full question:

My sister and I have an interest in a time share property located in Florida. My sister received a post card from Travel Exclusive, LLC, also located in Florida, but do business in CA. In Jan., 2010 my sister met with the agents, in Oakland, they explained that our time share was not worth anything, and that the only recourse we had was to pay $2,995.00, up front; that we could recoup our losses by claiming $3,000, annually, on our income tax forms, for years 2010 thru 2015. Since I have 1/2 interest, I asked my sister to let me review the documents before I could agree to sell, or let Travel people take over our property. Travel proceeded to attempt to record a deed, and were proceeding on what they said was a Power of Attorney signed by me. I was never contacted by Travel; I did not agree to sell; and, I did not sign any documents. Travel refuses to return any of the money. They were notified five after their meeting with my sister that we were canceling any and all business with them. They had plenty of time to desist in proceeding with drafting documents, filings and/or recordings. Also, how could they proceed without my signature or my agreeing to this transaction. A complaint was filed with the attorneys General in both Florida and California. Florida does not find that their practices are such that they could help us. CA has not responded. My main concern is that even though we might be out of the money, how can they proceed without my signature?

• Category: Real Property
• Date: 04/07/2025
• State: California

Answer:

In California, a power of attorney must meet specific requirements to be legally valid. It must include:

• The date it was executed.
• It must be signed by the principal (you) or by another adult in your presence and at your direction.
• It must be acknowledged by a notary public or signed by at least two witnesses.

If Travel Exclusive proceeded without your signature or agreement, they may not have legally valid authority to act on your behalf. Additionally, to stop them from acting, you may seek an injunction, which is a court order requiring them to stop their actions. To obtain an injunction, you typically need to show:

1. A strong likelihood of success in your case.
2. That you would suffer irreparable harm without the injunction.
3. That issuing the injunction wouldn't harm others.
4. That the public interest would be served by granting the injunction.

You can also file for a declaratory judgment to clarify your rights and the legal relationship with Travel Exclusive. This type of petition seeks a judicial declaration regarding your situation rather than enforcement of rights.