what type of lawyer do i need to break a timeshare contract

by Myrna Kuhn 6 min read

A timeshare cancellation attorney will help you understand the fine print of your contract and support you in cancelling your timeshare within the rescission window. A timeshare exit attorney will help you approach getting out of your timeshare after the rescission window has passed.Jun 1, 2020

Full Answer

Can a timeshare attorney get you Out of your contract?

If your timeshare attorney and their team succeed in getting you out of your contract, you will save money in the long run. The timeshare bills will stop coming once you exit your contract.

How do I choose the best timeshare exit lawyer?

Find a Team that Specializes in Timeshare Cancellations and Exits 2. Choose a Team that will Provide a Tailored Timeshare Exit Strategy 3. Check the Legal Firm’s Track Record 4. Ask about the Price of Your Legal Fees

What do you need to know about timeshare law?

Expertise is the main thing, like a Timeshare Lawyer that knows how to handle all sorts of timeshares. So if you have a timeshare mortgage or other liens, the Lawyer should be familiar with these instruments, their obligations and appropriate methods for divestment of the timeshare interest you have.

How much does a timeshare divestment lawyer cost?

And, Timeshare Divestment consumers are not bound to the hourly rates of the law firm ($350-$650/hr.). As a result, you can have a Consumer Lawyer handle your case, exclusively, while just paying a low rate. Legal Knowledge is the main thing, like a Timeshare Lawyer who knows how to handle the legal hurdles holding you back.

How can I legally get out of a timeshare contract?

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 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.

What is the average cost to get out of a timeshare?

Pretty much the only reason to even consider the exit company route is if you absolutely can't bear to deal with the timeshare company yourself, and you're willing to pay a lot — prices vary widely, but around $4,500 is common — for someone else to deal with it.

Why is it so hard to cancel a timeshare contract?

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 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 just stop paying maintenance fees on a timeshare?

If you stop paying your timeshare maintenance fees, you will likely default on your ownership. This not only hurts the resort, but it hurts you and your credit. Like a home going into foreclosure, the resort takes the ownership back and it will stay on your credit report.

How do I cancel a 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...•

Can you abandon a timeshare?

When you walk away from a timeshare agreement, you forfeit your vacation ownership rights and leave yourself open to legal issues. Abandoning your ownership breaks an agreement and puts you at risk of foreclosure. It also may drag your credit score down for up to seven years.

Is it possible to cancel a timeshare?

Timeshare cancellation is the process of exiting a timeshare purchase and receiving a full refund, without penalty. Though this is possible, there are some caveats. Most importantly, your cancellation must be executed within a certain period of time after purchase.

Can a timeshare garnish my wages?

The company may send your bill to a third-party collection agency to attempt to collect the debt. Alternatively, the company may sue you in civil court to obtain a judgment. If the judge issues a judgment against you, the management company may garnish your wages or levy your bank account to get the money you owe.

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.

Can a timeshare sue you?

In general, though, if you don't pay the fees and assessments on a right-to-use timeshare, the HOA may sue you for a money judgment or “repossess” your right to use the timeshare.

When Lawyers Might Not Be Necessary

Timeshare lawyers are often very effective in getting the job done, but many times they can be overkill. Most timeshare contracts have a brief rescission period at the beginning. While these can be more complicated than you think, they usually do not need the services of a lawyer to get them accomplished.

Finding a Balanced Approach

At Centerstone Group, we understand that timeshare exit strategies are not a one-size-fits-all kind of business. That is why our team separately evaluates every case that comes in the door to see what the most appropriate exit strategy is for each client.

Get the Best Team for Your Case

When you’ve been targeted by scams or otherwise treated unfairly, lawyers are an invaluable resource for dealing with the timeshare industry. They are not always the best solution for any timeshare problem, though. Don’t make the mistake of thinking that the most expensive solution is always going to be the best one.

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.

Can you borrow money to buy a timeshare?

If you must borrow money to purchase the timeshare, walk away. For starters, banks will not lend you money to buy one due to the rapidity of their depreciation. Often, the timeshare developer will be happy to step in and arrange financing at a much higher percentage rate than any bank.

Is there a no exit clause on a timeshare?

On the other hand, if your timeshare is classified as a “vacation club,” there is no lifetime ownership. The recission period is your right to back out of the contract.

Can lenders seize your other assets?

In which case, lenders can seize/pursue your other assets. If you do plan to close the transaction, shop for a unit with an owner’s association, or “club.”. Functioning like a condominium board, the association gives voice to the collective owner’s group. Read and research the ins and outs of the implications of your sales contract prior to signing.

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.

Demystifying the Legal Process

Consumers attempting to unload their no-longer wanted timeshare interest have a choice in selecting the right third party to assist with terminating their timeshare contract.

Exit Company

Another option for timeshare owners hoping to put their timeshare purchase contract behind them, is to hire a third party, known in the industry as an ‘exit company’, as they advertise to the timeshare owning public that they can “guarantee” that they can terminate a legally binding timeshare contract.

Timeshare Lawyer

As lawyers, our process is not dependent on the resort developer’s need for specific inventory recovery, but instead begins with a focus on consumers laws and the written content of the actual purchase contract binding the client.

2. Ask a timeshare company to take the property back

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. The professionals will work with your timeshare exit problems to help you get rid of the ownership fast and without any hassle.

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.

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 Can You Break Your Timeshare Contract?

While your name is on the timeshare contract, you are responsible for the ownership and its financial obligations. Generally speaking, when it comes breaking out your timeshare contract you have two options: giving it to someone else (by resale, donation, etc.) or canceling your contract.

Get Help With Your Timeshare Contract

The best way to find out which option works best for you is to consult one of our timeshare specialists. Together, we will find the best solution for your unique needs and get rid of your property once and for all. To get help with your timeshare, call us today at 1-855-781-0081.

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.