how to get out of timeshare contract without a lawyer

by Loma Cummings IV 8 min read

The proven ways to exit a timeshare without a lawyer 1. Don’t miss a rescission period The rescission period is determined when you can take your purchasing decision back and return your money. This period usually lasts 3-15 days, depending on the local rescission laws.

Say no, hang up and move on to one of the following solutions.
  1. Stop paying. Before you do this, take stock of your situation. ...
  2. Offer it on the resale market. You'll get little or no money, except perhaps for a premium timeshare in a higher-end chain like Disney, Marriott or Hilton. ...
  3. Use a company to help you exit.
Dec 15, 2020

Full Answer

How do I end my contract with a timeshare?

Another way to get out of a timeshare is using a timeshare deed-back – it remains a legal and low-cost solution. Contact a resort to consult in terms of giving a timeshare back. 3. Use services of timeshare exit teams Even better than hiring a lawyer is applying to the experienced teams specialized in a timeshare industry.

How can you legally escape end a timeshare contract?

Mar 09, 2022 · If that doesn't work, write a letter to the general manager of the resort or sales office explaining your situation and stating your goal - getting out of the contract - as clearly as possible. Contact a Real Estate Agent. Tell them you wish to sell your timeshare because it's not working out for you. The agent may charge you a commission fee. They will list your timeshare …

Is there a legal way out of a timeshare contract?

The best way to do this is by writing a letter. Be sure to include your name as it is indicated on the contract, your address, email address, and phone number, the timeshare’s description, the date you bought the timeshare, and the statement that you are canceling the contract.

How long do I have to rescind my timeshare?

Mar 20, 2018 · Timeshares are notoriously hard to shake. Some can legally bind you to a contract for up to fifty years, and others will tie you up in knots just to stop you from trying to break free. So if you want to get out of timeshare for good, you’re going to need some good legal help on your side. At Timeshare.Lawyer, our mission is to help people say goodbye to timeshare simply, and …

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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.Apr 14, 2022

How can I legally cancel my timeshare?

The Do's: How to Write a Timeshare Cancellation LetterGet your cancellation request in writing. ... Include a clear request to cancel your timeshare. ... List all the important details. ... Set expectations. ... Send all correspondence by certified mail. ... Don't get emotional or long-winded. ... Don't use passive or hesitant language.More items...•Apr 14, 2022

Why is it so hard to cancel a timeshare contract?

Canceling your timeshare can also be difficult due to financial reasons. Resorts are notorious for encouraging people to make a down payment on a credit card. Putting a substantial investment on your credit card is never a wise idea. Your interest rates will skyrocket, and it'll take you a while to pay it down.Jul 29, 2020

Can you walk away from a timeshare contract?

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.Jul 6, 2016

Can you give a timeshare back to the resort?

Give it back: Contact the developer or resort management. Tell them you want to quit-deed the property back to them. In other words, you are willing to give away your timeshare in exchange for the future savings of not having to pay your membership.Feb 1, 2017

Do timeshare companies take legal action?

The short answer? Yes. Resort developers can and do take financial and legal action against timeshare owners attempting to leave their interest. However, they may not pursue these strategies as aggressively as some consumers may think.

What happens if I don't pay maintenance fees for a timeshare?

If you stop paying it, the timeshare company will do whatever it takes to collect. They'll make phone calls and send letters, then they'll assign it over to (you guessed it) a collections company. If you still don't pay, the situation sinks even further into foreclosure and possible legal action against you.Sep 24, 2021

How do you write a letter to cancel a timeshare?

Write Your Timeshare Cancellation LetterYour name and contact information.The name of your timeshare company.The contract number.The names on the timeshare contract.The date of purchase.A statement of cancellation.The amount you paid, including a request that this amount be returned to you.Jun 1, 2020

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.Mar 14, 2011

What happens if I abandon my timeshare?

If you outright abandon your timeshare and refuse any further payments, the timeshare company will make collections efforts, and you may face foreclosure. The resort then turns around and finds another timeshare owner as a replacement.Feb 21, 2022

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 is the effect of breach of contract?

The effect is similar to a termination, except that you have any unperformed balance and remedy for the breach which are still retained by the canceling party. Breach of contract, by law, may release you from obligations under that contract. Termination occurs when you end the contract for reasons other than breach.

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.

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 a 14 day cooling off period be honoured?

Where the fourteen day ‘cooling-off’ period was not honoured, i.e. where sums were taken during this period or where the signee was not given the opportunity to change their mind, the contract can be ruled null and void, with double the amount paid returned to the signee. No sum can legally be taken during this period as it is the consumer’s right to have time to think over their decision. In the past, where people have handed over deposits or other sums straight away, they have found it impossible to get this returned when they change their minds. In some cases, people are not even made aware of their right to this cooling-off period, which is also illegal.

Is it illegal to have a timeshare contract?

Timeshare contracts that exceed a fifty year contract term, also known as ‘in perpetuity’ , are now illegal. Cases have been heard where a contract does not specify an end date, and have thus been ruled as ‘in perpetuity’, as the lack of clear definition of an end date implies that the contract will last ad infinitum. Where the contract lasts over fifty years or does not specify an end date, the claimants have won compensation for their illegal timeshare contract, their legal fees paid, and – most importantly – they get out of timeshare for good!

Is there a legal wrongdoing in a timeshare contract?

Let’s say, however, that there is found to be legal wrongdoing in your timeshare contract. This is not uncommon, and there are plenty of timeshare legal cases being won in favour of claimants to prove it. Many timeshare contracts contain clauses that have recently been ruled against the law. These are just some examples:

Is timeshare law complicated?

Timeshare law can be as confusing and complicated as the contracts issued by timeshare companies. When the average person tries to understand either, let alone both together, it’s little surprise that they come away feeling like the task is too hopeless to even try.

The Problem

En español | "My parents purchased a timeshare more than 30 years ago,” began the email from Kim Seney, a recent retiree from Northern California. Over the years, I've gotten so many questions like this that I knew what was coming next. Seney was hoping to help her widowed mother unload the timeshare and the $1,200 in annual fees that came with it.

The Advice

The very first move, experts agree, is to check with the resort itself. When you call them up, don't talk to just anyone. Ask specifically for the person who handles “deed-backs” or “surrenders” — which is when you return your property to the company, maybe for a fee of a couple hundred dollars or so.

The Outcome

To Seney's delight, she didn't have to jump through any of those hoops. She called the resort company, explained the situation and was told that, although there was no formal deed-back program, as long as she could send them her father's death certificate, they'd take it back.

If you want to rescind a timeshare contract you must act quickly and follow the correct procedures

Please answer a few questions to help us match you with attorneys in your area.

Why Cancel Your Timeshare Contract?

When you purchase a timeshare, you are purchasing an interest in a piece of real estate, most often a resort condominium.

How to Cancel a Timeshare Contract

Because of the nature of timeshare selling, most states in the U.S. have enacted laws that allow timeshare buyers to cancel contracts if they act quickly. Some other countries ( including Mexico) have also passed such laws.

How to Cancel After the Cancellation Period Has Expired

In certain states and in limited circumstances, you might be able to cancel your timeshare contract after the rescission period has passed. Usually, however, this will entail bringing a lawsuit against the timeshare company. Contact a real estate attorney for advice.

How long is a timeshare?

Normally the time period is three to 15 days and varies by state. For those interested in a tried-and-true vacation experience, timeshares afford a no-stress, pre-planned getaway to the same place at the same time of year, for the rest of your life. The property and its associated fees eventually pass on to your heirs.

How many timeshare owners are looking to dodge contracts?

According to Timeshare Exit Team, 85 percent of the 9 million timeshare owners in the U.S. are looking to dodge their timeshare contracts. In fact, the demand to escape timeshares is such that an entire sub-industry of exit companies cropped up. Buyer beware.

What is a fixed week?

Fixed Week#N#Normally, the buyer owns the rights to a specific unit during the same week, year after year. The contract will stipulate details. Flexibility on dates is not a typical part of this arrangement.

What is Points Club?

Similar to the floating timeshare, but the buyer can stay in different locations, depending on how many points they accumulate from the club. Points are “currency” and reservations are on a first-come-first-served basis.

Where does Kate Lynch live?

Kate Lynch is a writer and Spanish to English translator with legal translation chops. Living and studying outside of the United States fostered an interest in immigration and human rights issues for her. Currently she lives with her husband, son, and dog in her native Connecticut.

Do timeshare brokers charge upfront?

Their brokers do not charge an upfront fee and are educated in timeshare industry know-how. 3. Demand everything in writing and hire a real estate attorney to review any documents before signing. 4. Never wire money, pay in cash, send a money order, or a certified bank/cashier’s check.

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