Can a Company Sell My Timeshare if I Haven't Signed Any Documents?

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:

According to CA law, a power of attorney is legally sufficient if all of the
following requirements are satisfied:

(a) The power of attorney contains the date of its execution.
(b) The power of attorney is signed either (1) by the principal or
(2) in the principal's name by another adult in the principal's
presence and at the principal's direction.
(c) The power of attorney is either (1) acknowledged before a
notary public or (2) signed by at least two witnesses who satisfy the
requirements of Section 4122.

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that

(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.

A request for a declaratory judgment may be filed with the court, seeking to have a judicial declaration of the rights of parties involved. A petition for a declaratory judgment asks the court to define the legal relationship between the parties and their rights with respect to the matter before the court. It is used to determine the legal status of a situation, rather than the enforcement of the rights involved.