5 Claims You Can Use To Cancel A Timeshare Contract Using Timeshare Attorneys
Updated: Jul 4, 2022
You're not the only one who wants to cancel your timeshare contract. Many people were out of work and struggling to pay their bills due to the pandemic and potential recession.
Cancelling a legally binding agreement isn't always simple. Selling a timeshare isn't straightforward, especially in the timeshare industry.
The Federal Trade Commission has issued cautions that businesses have defrauded timeshare owners out of money and expenses by advertising that they can sell or cancel their timeshare. It may be difficult to resell a timeshare.
Those who want to terminate a timeshare should do their homework before looking for timeshare exit companies.
There are 5 claims you can make to cancel a timeshare. However, you may be able to cancel your timeshare without hiring a timeshare lawyer. Learn what you need to know before hiring a timeshare attorney.
Timeshare Cancellation: The Process of Using a Timeshare Attorney
When you're thinking about timeshare cancellation, it's crucial to have an experienced timeshare attorney on your side. Timeshare attorneys can help you navigate the process and protect your rights during your timeshare termination process.
When you're considering timeshare relief, one of the first things you need to do is establish whether or not the salesperson withheld any information from you during the sales presentation. To prove the salesperson withheld the information on your own can be tricky.
Still, an experienced timeshare attorney will know how to investigate and build a case against the salesperson.
Timeshare Attorneys Will Help You With The Following:
Prove That The Contract Was Unfair Or Deceptive
In some cases, timeshare contracts can be unfair or deceptive. Suppose you believe that your purchase agreement falls into this category. In that case, an experienced timeshare attorney can help you prove it and get the relief you deserve.
Will Negotiate With The Timeshare Company
If you're trying to rescind your agreement, you'll need to negotiate with the timeshare's management company. Negotiating on your own can be a complicated process. Still, an experienced timeshare attorney will know how to handle it and get the best possible outcome for you.
Get You Out Of Your Vacation Ownership Agreement Without Negative Consequences
In some cases, the only way to cancel your vacation ownership agreement is by using an attorney. If a timeshare attorney asks you to relinquish your ownership rights, consider. You may lose the monies paid to your resort. Still, you are eliminating all financial obligations under the vacation ownership agreement. Settling can eliminate any negative consequences to your credit.
Timeshare termination can be complicated, but an experienced timeshare attorney can help you with the cancellation process and can dispute any derogatory remarks on your credit report.
Did You Know Timeshare Salesperson Sold You the Timeshare, Not the Resort?
When you acquired your timeshare, it's important to remember that the salesperson works for the timeshare resort- not for you. The salesperson's job is to sell timeshares, and they will do whatever it takes to close the deal. To earn their commission means that they may withhold important information about the timeshare or downplay the potential liabilities.
Salespeople for the resorts are independently contracted and have signed indemnity agreements protecting the resort from any damages caused during the sales presentation. For this reason, salespeople risk their jobs withholding information for their financial benefit.
Many timeshare owners fail to read their purchase agreement before signing it, which means they don't understand their contractual obligations. If you find yourself in this situation, it's important to reach out to a law firm focusing on timeshare law. They can help you understand your rights and options, and they may be able to help you get out of your timeshare.
2 False Narratives Timeshare Exit Companies Use “To Cancel Your Timeshare Contract.”
Timeshare Exit Companies lure people into believing that there are two claims they use to terminate your timeshare contract:
1. The first is that the salesperson pressured you to purchase your timeshare.
2. The second is that the salespeople misled you.
It's impossible to prove that the salesperson pressured you or misled you unless you recorded the timeshare sales presentation. According to a recent survey, only 98% of timeshare owners read their agreement on the day of purchase, and even fewer —only—in the first seven years.
Timeshare agreements disclose responsibilities, liabilities, right of use, loan terms, interest rate, and terms and conditions protecting the timeshare resort.
Also, the salespeople verbally explained what you were purchasing, not the timeshare resort. The salespeople are independent contractors, which eliminates an employee/employer relationship.
The salesperson has signed Indemnity Agreements that release the timeshare developer from any liability due to any misrepresentation. Therefore, the timeshare developer is 100% protected from claims against them.
What Argument Will An Experienced Timeshare Lawyer Make
To make a valid argument, experienced timeshare lawyers shift the attention to the salesperson. There are two narratives timeshare lawyers need to use.
The first is that you failed to read the vacation ownership agreement.
The second is that the salesperson purposely withheld information for their financial benefit.
These narratives will identify accountability and take the liability away from the timeshare developer.
5 Potential Claims You Can Make Against The Salesperson.
1. Timeshares Are Not Property
Salespeople present the timeshare as a fractional interest in real estate. Many see the timeshare as an investment. In fact, Timeshares are exclusive memberships that only give you the right to use the developer's facilities. You only own a point system or a week to use, not the property.
2. Resort Has The Right to Not Allow You To Sell Your Timeshare Interest
Salespeople also withhold that your loan must be satisfied to sell your timeshare interest. In addition, the account cannot be in arrears, and you must get the developer's written approval before you can sell your timeshare membership. The developer also has the right to deny the sale based on their qualification process. In all timeshare purchase agreements, the clause is called "The Right of First Refusal."
3. Ongoing Increase On The Maintenance Fees
The third potential claim is a common complaint. Maintenance fees seem to increase 7%-10% every year, allowing the resorts to double maintenance payments every 10-15 years. Unfortunately, salespeople never make it a point that your maintenance payments will increase every year on top of the average inflation rate.
4. Heirs May Inherit Timeshare
The fourth claim troubles many people, especially parents. The salespeople tend to present the timeshare as an asset that can be willed to heirs or made part of the family trust. Timeshares are exclusive memberships, not property. Every timeshare purchase agreement has a clause that states the member agrees to allow the resort to pursue any financial responsibilities under the vacation ownership agreement with the member's heirs. We know that a parent would never buy a house that will obligate their heirs to take over mortgage payments.
5. Legal & Financial Consequences For Breach of Contract
The fifth potential claim is about the legal & financial consequences of breach of the contract. Many people buy the timeshare as a fractional interest in real estate. Timeshares are exclusive memberships that give you, your guests, and other members the right to use the developer's properties.
Suppose someone decides to default on the financial obligations under the vacation ownership agreement. In that case, the timeshare developer may take you to court and sue you for breach of contract. Courts may render a judgment for the loan balance and projected maintenance payments the timeshare resort would have earned.
In many cases, maintenances fees outweigh the financial responsibility of the loan balance. The resorts can quantify $30,000, $40,000, $50,000, or more that they would lose as projected revenue. With a judgment, they can place a lien on your tangible property or garnish your wages.
What Is The Outcome To These Claims?
There are a few outcomes. One result could involve asking for a refund of any money paid into the vacation ownership agreement or a waiver of any early termination fees.
In many cases, the management company or lawyers for timeshare companies will ask for an early termination penalty. The timeshare's management company can offer a settlement or a mutual settlement and release agreement if there's a loan balance.
In some cases, law firms may also help the owner of the timeshare interest obtain a deed in lieu of foreclosure, which would release them from the vacation ownership agreement and allow them to walk away from the unwanted timeshare free and clear.
Can I File a Lawsuit?
Another way that law firms or timeshare attorneys can assist owners is by filing a lawsuit against the timeshare developer if the law firm believes that the company has engaged in deceptive or unfair practices or that the vacation ownership agreement is otherwise unenforceable.
Timeshare lawyers will charge $400 to $500 an hour to prosecute your case without guaranteeing you'll win.
A lawsuit is very risky. Losing the case also means paying the resort's legal fees and monies owed under the contract.
Evaluate your options carefully. Paying an attorney to terminate your relationship with the resort is better than seeking punitive damages and losing in the end.
Can I Cancel My Timeshare Agreement On My Own Without a Timeshare Attorney?
You can rescind your agreement if you've recently signed your vacation ownership agreement and are still within the rescission period. Look for terms dealing with "cancellations," "termination," or "severability" in the small print. The most common contract stipulates a “rescission period” of three (3) to fifteen (15) calendar days, but this is usually only achievable within that time frame.
You will need to mail the necessary documents such as:
A Cancellation Letter with a short explanation for canceling your agreement. Make sure you include the following details:
The name of the resort as listed on your contract
The name of the contract holder(s)
The contract number(s)
The purchase date
Your membership ID #
A copy of your purchase agreement.
2. Mail everything certified with a return receipt and signature request of the recipient.
3.Make sure to take these steps within the calendar day period you are allowed to rescind your agreement.
However, if it's been longer than a few days since you initial signed, canceling your vacation ownership agreement may not be honored.
What if I am Outside the Rescission Period?
If you are outside of the rescission period, you may still be able to rescind your contract. While it can be more difficult to rescind your agreement if you are outside of the rescission period, it isn't impossible. There are still legal options that may be available to you. However, you must seek the help of a timeshare attorney to review your purchase agreement and help you understand your legal options.
Can I Negotiate With My Timeshare Company Directly?
Suppose you're thinking about cancelling your timeshare purchase agreement. In that case, you may be wondering if you can negotiate with your timeshare company directly.
Timeshare companies are difficult to deal with when you want out of your vacation ownership agreement. They will often try to induce you into keeping your timeshare. If you have a loan balance, the timeshare's management company would not consider cancelling your timeshare agreement unless you pay off your loan.
Timeshare maintenance fees under the vacation ownership agreement are also a problem. Maintenance fees are the natural source of revenue, and It's next to impossible to negotiate on your own to convince the timeshare's management company to give up annual revenue.
Negotiating is a skill that lawyers possess. Hiring a timeshare lawyer may be the best solution to your circumstance.
Do Resorts Buy Back Timeshares?
Resorts may have a program that will allow you to surrender your timeshare. Surrendering your timeshare may include paying an early termination penalty. Resorts require clients to pay the loan off and pay any maintenance owed before they consider taking back your timeshare.
Call the resort's management company and find out if they have such a program that will allow you to surrender your ownership. If they do not, it may be time to consider hiring a timeshare attorney.
Use a Law Firm, Not a Timeshare Exit Company
When considering how to get out of your timeshare, it's important to know that you should never use a timeshare exit company or inexperienced lawyer. Timeshare Exit Companies will often interfere with the contractual relationship between the timeshare owner and the resort, leading to a default on financial obligations.
Instead, it would be best to use a law firm focusing on disputing unethical sales practices. Having a timeshare lawyer as a legal representative will give you the best chance of getting out of your timeshare without negative consequences.
Avoid Fraudulent Companies
There are a lot of fraudulent companies out there, and timeshare exit fraud is one of them. Timeshare exit companies advertise a 100% success rate and 100% money back guarantee. Resorts and management companies sue timeshare exit companies for deceptive sales practices for luring people to pay upfront fees without timeshare attorneys involved. Suppose you're thinking about cancelling your timeshare. In that case, an experienced timeshare attorney can help you avoid fraudulent companies in the timeshare exit industry.
What You Need To Know Before Hiring A Timeshare Lawyer
Suppose you're considering hiring a timeshare lawyer to help you with the cancellation of your timeshare. In that case, it's important to know what to expect.
Here are a few things you should keep in mind before hiring a timeshare lawyer:
- Make sure that the law firm you're considering focuses on timeshare law, not real estate law.
Many firms advertise they can help with the cancellation of timeshare contracts. Still, they don't have lawyers with the experience or expertise with specific issues related to your circumstance. Many lawyers focus on real estate law and other general areas of law, not timeshare law.
- Check to see if the law firm offers a free consultation.
This is important to get a feel for the law firm, the timeshare lawyer, and how they would handle your case. A law firm offering a free initial consultation is essential to know the lawyer's experience with your specific resort. Also, make sure you feel comfortable with the timeshare lawyer that will represent you in this matter.
- Be sure to ask about the law firm's success rate in timeshare law.
As a timeshare owner, the success rate of a law firm will give you an idea of their experience, legal knowledge, and how likely they are to be able to help you with your situation. Any law firm claiming to be 100% successful is a red flag. Please make sure the law firm is completely transparent, their timeshare attorneys have a proven track record, and they are well versed in timeshare exit.
Client testimonials that used their legal services are always helpful.
- Ask about the attorney's fees.
Any lawyer providing legal services will charge legal fees. The cancellation of timeshare agreements is no exception. If you are suing the resort, expect an hourly rate of $350 to $500. If you win the lawsuit, the timeshare resort will have to reimburse your legal fees for legal services.
Suppose you are seeking a mutual settlement and release agreement. In that case, timeshare lawyers typically charge a flat fee ranging from $4,000 to $6,000 or 10% of the settled loan balance.
Having a free initial consultation will answer these questions.
Do Timeshare Lawyers Need to Understand Consumer Protection Law?
A consumer protection attorney understands how to identify violations under the Consumer Bill of Rights or Consumer Protection Act.
The Federal Trade Commission unleashed the ultimate consumer protection weapon against fraudulent and unethical businesses in 1980 with The Unfair and Deceptive Trade Practices Act.
The legislation intends to safeguard innocent consumers and reputable firms from persons who use unethical strategies of competition and unscrupulous, deceptive, and unfair business or commercial tactics or behaviors.
Timeshare lawyers have written timeshare agreements, but very few attorneys understand how to use the consumer bill of rights to prove unethical sales practices took place.
Unless you find a timeshare attorney who understands both law areas, your chances of getting out of your timeshare are limited.
How to Find a Timeshare Lawyer Near You
Very few attorneys understand consumer protection and timeshare law. Most attorneys focus on a particular area of law. An experienced timeshare lawyer needs to understand contracts and the laws behind them.
A simple way to find a timeshare attorney is to do the following:
Contact Your Local State Bar
The State Bar is an organization of all lawyers licensed by the Supreme Court to practice law in the state. The Bar’s core functions are to regulate the practice of law and ensure the highest standards of legal professionalism. The state bar may guide you to find a timeshare lawyer near you.
Avvo believes that more information helps you make better decisions when hiring attorneys. At Avvo, they provide you with detailed information on any timeshare lawyer from years of practicing law, disciplinary actions, complaints, and client testimonials. The platform allows you to make the right choices to hire a timeshare lawyer. Avvo.com rates 97% of lawyers in the U.S.
Use Mantindale.com, Lawyers.com, or Nolo.com
Most attorneys use these websites to promote their law practice. Very few attorneys practice consumer protection and timeshare law. Using these websites will allow you to find a law firm or a timeshare lawyer.
How Can Advocate Financial Services Help You Find A Timeshare Attorney?
While challenging, there are situations where contracts can be cancelled or terminated. There are also situations where a timeshare cancellation firm like Advocate Financial Services may be able to help you to cancel your vacation ownership agreement using Timeshare Attorneys.
While it isn't easy to get rid of a timeshare, Advocate Financial Services is an award-winning Timeshare Cancellation Firm in Palm Beach, Florida. They work with Timeshare Lawyers that can review your timeshare contract, help you understand your rights and obligations, and assist you with the next steps.
Advocate Financial Services works with licensed timeshare attorneys who understand consumer protection and timeshare law and have a proven track record of cancelling timeshare contracts.
Advocate Financial Services' Client Testimonials
Client testimonials convey that Advocate Financial Services has the clients' best interest by educating owners about potential timeshare fraud and unethical timeshare exit companies in the timeshare industry.
The Better Business Bureau has given an A+ Rating for ethical business practices without complaints.
If you would like to hire a timeshare exit attorney to help you terminate your vacation ownership agreement, contact Advocate Financial Services for a free consultation.
During your free consultation, their Timeshare Relief Consultants will review your unique situation and help you determine if you need to have a legal representative, understand potential legal fees, and how to locate a timeshare attorney near you.