how can an individual get out of a timeshare legally without a lawyer

by Katlyn Bernhard 4 min read

Full Answer

Can I legally cancel or get rid of my timeshare?

Yes, you still can, but you need to find a qualified and skilled lawyer in your state to help you. Many timeshare companies declare that you cannot cancel the contract after the cancellation period is over, but that is not true. Look for a timeshare cancellation attorney who can help you.

How can I get out from under a timeshare contract?

Sample Letter for Timeshare Cancellation:

  • The current date
  • Your name as it’s written on the contract
  • Your address, phone number and email address
  • The name of the timeshare company
  • A specific description of the timeshare
  • The date you bought the timeshare
  • A clear statement you are cancelling the contract

Is there a legal way out of a timeshare contract?

Under the law, contracts, including timeshares, can still be canceled or terminated for a variety of reasons, including fraud and realizing that the timeshare is not for you. Seeking legal counsel from a leading marketing platform for timeshare attorneys can get you started on how to legally get out of a timeshare contract. Here are some strategies that attorneys may recommend:

How can you legally escape end a timeshare contract?

How Do I End My Contract With a Timeshare?

  • Rescission Period. Every timeshare has a rescission period. ...
  • Sell the Timeshare. If you are past the rescission period, your next option is to sell the timeshare. ...
  • Negotiate a Deed in Lieu. A deed in lieu gives back to the timeshare company the rights to the timeshare contract and releases you of financial obligation.
  • Attorney Assistance. ...

Can you get out of a timeshare without a lawyer?

You'll have to cut each separate contract to escape. That's a lot to do on your own, so you may need an attorney to help you work your way out of all those contracts. Find one who specializes in contract law and has successfully gotten people out of their timeshares.

How do you legally terminate a timeshare?

To get out of a timeshare legally, consider these options:Use the rescission period.Call the timeshare developer.Rent your timeshare out.Sell your timeshare on the resale market (but expect to take a hit).Gift your timeshare to a friend, family member or stranger.More items...•

Can you just walk away from a timeshare?

Some people just stop paying on their timeshares. If you do walk away, don't be surprised to see a big hit to your credit score and to start getting regular calls from collection agencies. You might regret your purchase, but you did sign a legally binding contract.

Can I give my timeshare back to the resort?

If you can't sell your timeshare on the open market, one option is to offer it back to the resort. As long as the unit is paid off and you are an owner in good standing, there's a chance that the resort will take the unit back from you.

What happens if you stop paying your timeshare?

Foreclosure Action If you stop paying on your timeshare loan, you face foreclosure. Foreclosure is the process whereby the lender files to take possession of the property and sell it at auction to recover the money you owe.

Why are timeshares hard to get out of?

Limited Alternative Options. Another reason why it's so difficult to cancel your timeshare is that there are limited alternatives available. You might think about selling your timeshare if the burden becomes overwhelming. Unfortunately, there aren't many people in the buyers' market.

Can a timeshare put a lien on your house?

If a repayment plan isn't negotiated, the timeshare company might go the route of taking you to court for breach of contract to get a judgment against you and place a lien against the property. Ultimately, they will foreclose on the property.

Will timeshare foreclosure affect me?

A timeshare foreclosure won't ruin your credit scores forever, but it could possibly have an impact on your ability to obtain another mortgage for, perhaps, up to seven years. You might also face future loan denials or higher interest rates if you apply for other forms of credit, like a car loan or credit card.

How much does it cost to use timeshare exit team?

Timeshare exit companies typically charge upfront fees ranging from $2,500 to $10,000 and promise a money-back guarantee if they don't get an owner out of a contract within 12 to 18 months, although some firms work on a longer timeline of 36 months.

How do I sell my timeshare myself?

How to Sell a TimeshareStep 1: Revisit Your Contract. To start with, dig your original contract—and any other paperwork about the timeshare—out of your files to see exactly what you signed way back when. ... Step 2: Research Your Timeshare's Value. ... Step 3: Try to Sell Your Timeshare. ... Step 4: Contact a Timeshare Exit Company.

What happens if you pay off a timeshare?

If a timeshare is completely paid off, it can be a relatively simple matter of transferring the deed, and the recipient will then assume responsibility for maintenance payments. It gets more complicated if there is a balance left on the mortgage.

Where do you buy vacation timeshares?

An early forerunner to the sharing economy, timeshares are purchased either directly from a developer like Westin, Holiday Inn or Hyatt or on the resale market, often for a fraction of the price.

How old was Joe Esch when he bought his timeshare?

When Joe Esch decided he was done using the timeshare he had purchased 15 years earlier for regular jaunts to Las Vegas, the 70-year-old retiree from Tennessee searched for options on how to legally exit it before deciding on a relatively new program within the industry that allows owners to simply surrender the deed.

Where did Vicki and Gene buy their timeshares?

When frequent travelers Vicki and Gene Bozniak of Salt Lake City decided to streamline their adventures, they opted to buy into Vidanta vacation club in Mexico. During the onboarding process, the club offered to help the Bozniaks sell their timeshares in the Berkshires in Massachusetts and in Orlando, Florida, which they purchased for the points exchange options on the secondary market. "We're pleased because we're in the process of unloading timeshares where we have annual obligations," Gene Bozniak says. "We're getting older, and we probably won't be traveling as much internationally."

Is a timeshare a contract?

A timeshare is a legally binding contract, but there are ways to get out. (Getty Images) Depending on the perspective, vacation timeshares are either a great investment for frequent travelers or a money pit foisted upon the vulnerable by duplicitous salespeople.

Does Westin offer deed back?

Although many of the largest timeshare developers, including Westin, Hilton Grand Vacations, Diamond Resorts, Marriott Vacation Club, Club Wyndham, Westgate Resorts, Hyatt, Sheraton and more, now offer some sort of deed-back or surrender program, it's not exactly something they advertise to their owners.

Do timeshares appreciate?

Timeshares aren't real estate and so don't appreciate in value. Quite the opposite, actually. And unloading one will depend on a number of factors, including how much, if anything, is left on the mortgage.

How long does it take to cancel a timeshare?

That period tends to vary by state, but it is usually between five and ten days.

What can a lawyer do to help you get out of a contract?

A lawyer can guide you through the proper legal procedure and ultimately free you from the oppressive contract. Note that most contracts have a cancellation period during which you can still get out of the agreement without much hassle. But even after that period has lapsed, a good lawyer can still help you exit legally. Tags: ...

Can you get out of a timeshare contract?

If you think you may have been tricked into buying timeshares and you wish to out, here’s a good news: it is possible to get out of the timeshare contract legally. With consumer protection laws, you have the freedom to dispute the contract due to breach or consumer rights violations. The law says that if unfair or deceptive practices were used ...

Can timeshares be terminated?

The law allows timeshare contracts to be terminated for a number of reasons—most notably if deceptive, unfair, or fraudulent sales tactics were used to sell it. The key is to hire a timeshare cancellation lawyer that specializes in this rather complicated niche.

Is a timeshare a real property?

Such as. Timeshares are not real property; The true owner of the real property is the developer;

Is a timeshare contract interminable?

The misconception that a timeshare contract is interminable is the result of some fraudulent and dishonest timeshare companies claiming that it is , causing many consumers to feel intimidated and powerless.

What does it mean when a timeshare owner ceases to pay the annual fees?

The most common means and example is when a timeshare owner ceases to pay the annual fees attached to their timeshare in the hope doing so will eventually result in a resort taking the timeshare from them and ripping up their contract. Such approaches are, when possible, to be avoided.

Is it dangerous to sell timeshares?

Even worse news for those looking to sell a timeshare, doing so can prove dangerous; the scammers once exploiting the millions of people rushing to buy into timesharing have now turned their hand to exploiting the millions of people looking to sell their timeshares.

Is it illegal to exit a timeshare?

There are both legal and illegal means of exiting a timeshare. Thus, a person might ask: why would somebody ever opt to exit a contract illegally? The sad reality is that legally exiting a timeshare contract, especially one set up ‘in perpetuity’ (that is ‘forever binding’) it can prove exceedingly difficult to exit it.

Can you sell a timeshare?

Sell Your Timeshare. Whilst many timeshare are sold in perpetuity it is still perfectly possible and legal to sell a timeshare contract unfortunately and due to the fact that there are literally hundreds of timeshare owners trying to sell for every individual person looking to buy, selling a timeshare can prove as problematic as ending ...

Is a timeshare contract voidable?

In fact, today thousands of timeshare owners could be in possession of a contract that is either void according to the law in 2016 or could be deemed voidable. What is more, in such circumstances some timeshare owners facing this reality may well be in receipt of compensation for having been mis-sold a timeshare in the first place.

1. Check Your Contract

When you invest in a timeshare, you are required to sign a contract stating how long you will be using the space you are paying for and have any extra details regarding payments and conditions of leaving put down in writing.

2. Hire an Attorney

Timeshares are usually dealt with through different parties signing contracts that allow them to share time and finances between them to enjoy a certain place whenever it is suitable for each party.

3. Negotiate a Deal

If your timeshare agreement seems too hard to get out of, then one of the things you can try to legally get out of the contract is entering negotiations. Try to gather all the parties involved and see if you can come up with a reasonable solution that works for everybody and allows you to get out of the timeshare all at the same time.

4. Reasons to Consider Letting Go of Timeshares

Even though having a timeshare can be quite a rewarding investment, it is possible that you can get everything you want out of that investment than simply need to let it go and start looking for different investments.

How long does it take to rescind a timeshare in North Carolina?

North Carolina, on the other hand, only requires a 5-day rescission period. If you do rescind the timeshare agreement, make sure to save any evidence in case the company does not comply. This evidence may include a time stamped copy of the certified mail record.

How long does a timeshare contract last in California?

For example, California requires a 7-day rescission period in which the timeshare can be nullified. This 7-day period starts when the contract is signed or the public record is received, depending on the terms and conditions. North Carolina, on the other hand, only requires a 5-day rescission period. If you do rescind the timeshare agreement, make ...

Can you resell a timeshare?

If you cannot resell the timeshare , termination options may be RCI resorts. First, check the terms and conditions of the timeshare agreement to see if termination is possible. Some timeshare companies or owners may allow for a termination after a certain period of time elapses. Most likely, this termination will be in the form of a deed in lieu.

Can you cancel a timeshare agreement?

However, for many different reasons, some people seek to cancel or terminate a timeshare agreement. This can be difficult because timeshare agreements are legally binding documents. Due to many legal landmines, you may require a specialist to help you end a timeshare agreement. Read on to learn how to get out of a timeshare agreement in RCI resorts.

How to get a legal team to help you exit your timeshare contract

Do you really need a legal team to exit your timeshare contract? The timeshare resort may make it difficult for you to end your legal commitments after the rescission period. In this article, we will explore how a legal team can help in facilitating your timeshare exit.

What are Timeshare Exit Attorneys?

Some lawyers have years of experience working in the timeshare exit industry. Their experience makes them experts in various legal strategies to get clients out of their timeshare contract, even after the rescission deadline.

Do You Need Them to Exit Your Timeshare Ownership?

Timeshare contracts are legal agreements. By signing them, you agree to obey the terms and perform the duties outlined in them. If a resort company is desperate to keep clients, they may not allow timeshare owners to easily get out of this agreement.

Can a Legal Team Help You with Your Timeshare Exit?

Timeshare resorts often want you to contact them if you wish to cancel or exit your timeshare contract. Some resort companies try to persuade timeshare owners that there is no way out of the contract. These companies want timeshare owners to think that the best option is to continue to comply with the contract terms.

4 Reasons to Get a Timeshare Exit Lawyer

In addition to representing your interests in the negotiation process, hiring a legal team also has other advantages.