Trying to get out of a timeshare you no longer want is frustrating! You no longer want to pay for a timeshare that can’t be used, sold or given away.
But before you lose hope; your Fidelity timeshare lawyer will take a look at the state laws covering timeshares where you purchased. Every state except four – Alaska, Kansas, Vermont and Wyoming – have laws regulating timeshares. Many states require sellers to include specific provisions protecting buyers in their contracts. Failure to comply with these laws may constitute a breach of contract by the seller, which could cancel your timeshare contract and make it unenforceable against you.
There are many provisions, some are straightforward, and others are technical. For example, among many state provisions, the law requires the contract to advise the purchaser of its total financial obligation, including purchase price and all other additional charges, and to advise the purchaser of the nature and duration of each agreement between the business offering the vacation timesharing plans for sale and the individual or business entity managing your timeshare.
Because a deficient or broken contract may allow you to cancel your timeshare, the contract must be scrutinized carefully by your timeshare cancellation lawyer, making sure that all required provisions are included and that all the information in the provisions is accurate.
Other state laws limit the methods and language that can be used by salespeople. If you relied on your salesperson’s representations which were illegal, you may be eligible for timeshare cancellation.
Florida timeshare law lists 17 examples of forbidden written or oral statements considered as misrepresentations. For examples: misrepresentation of the size, nature, extent, qualities, or characteristics of the offered accommodations or facilities, and misrepresentation of the amount or period of time during which the accommodations or facilities will be available to any purchaser.
In other words, if you were not allowed to use your timeshare at the time specified in the contract, the owner may not be able to enforce the contract against you. That’s what some timeshare owners allege happened at a timeshare resort near Gatlinburg, Tennessee. In their class action lawsuit, they claimed that they were never able to book a vacation nor could they find the legal documents that the owners were required to give them.
Don’t be embarrassed about your timeshare purchase. You may a victim; having made a buying decision based on misrepresentations or omissions.
As a consumer, you have the right to be thoroughly informed about the product you are purchasing and to be protected from fraudulent or misleading information when making a buying decision.
We offer a free evaluation of your situation. Our Fidelity legal team will evaluate your case for timeshare cancellation and give you plenty of space to make an informed decision.
The Fidelity timeshare lawyer network makes expert representation affordable.