Can A Timeshare Contract Be Challenged Due To Buyer’s Medical Incapacity Or Misrepresentation?
Location: Canada
My brother is a 52-year-old male in extremely poor health. He has a genetic neuromuscular disorder that causes progressive muscle wasting and also affects cognitive function and judgment. He is now largely immobile, incontinent, and can no longer travel.
Between roughly 2018 and the early 2020s, he purchased Marriott Vacation Club timeshares totaling approximately USD $350 000.00. These were not purchased all at once, but in 5–6 separate tranches over multiple visits to Las Vegas. At the time of the initial purchases, he was already visibly frail, used a cane, and had an obvious physical disability.
He can no longer use the timeshares in any practical way, and the ongoing maintenance fees and mortgage obligations are financially and medically burdensome. Given his medical condition and the repeated high-pressure sales over multiple visits, I’m trying to understand whether there is any realistic legal basis to challenge or unwind these contracts (e.g., capacity, misrepresentation, undue influence, or similar), or whether arbitration clauses generally make this impossible.
Not looking for guaranteed outcomes,just trying to understand whether consulting a lawyer is worthwhile and what factors matter most.
Location is Canada and the purchases were made in Las Vegas.
Thanks ????????
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