Timeshare Law
While some timeshares meet or exceed consumers’ expectations, many consumers experience a nightmare, once they “sign on the dotted line:” including, but not limited to, paying an unreasonable amount for the timeshare, buying the right to use a timeshare and finding there is no availability or unreasonable availability, or their alleged exclusive membership results in fewer benefits and higher prices than non-members, or maintenance fees mysteriously and excessively increase year after year; they find they are locked into a perpetual contract they cannot cancel, even when they are too old or sick or cannot afford to travel; they discover that they cannot sell the timeshare (there is no market for it) or other breaches, misrepresentations and non-disclosures.
Timeshare LAW
Timeshares typically refer to two types of interests: 1) A right of occupancy in a time-share property coupled with an estate in real property. This type of timeshare interest is usually transferred to the purchaser by grant deed; 2) Time-share use (or right to use) refers to an interest based on a purchase agreement between the seller and the purchaser in which the purchaser does not receive a deed to an interest. The purchase agreement may take different forms, such as a license or membership agreement. In any case, the purchaser does not receive an estate in or title to real property. There are also variations of these two types.
Timeshare rights and obligations are sometimes governed by specific state statutes (e.g., in California, see The Vacation Ownership and Time-share Act of 2004 (California Business & Professions Code Sections 11210 through 11288), other states such as Florida, Connecticut, Illinois, Nevada and Tennessee have other timeshare statutes) and other statutes and general common law, including, unfair business practices, contact law and fraud claims, as well as other consumer protection statutes.
While some timeshares meet or exceed consumers’ expectations, many consumers experience a nightmare, once they “sign on the dotted line:” including, but not limited to, paying an unreasonable amount for the timeshare, buying the right to use a timeshare and finding there is no availability or unreasonable availability, or their alleged exclusive membership results in fewer benefits and higher prices than non-members, or maintenance fees mysteriously and excessively increase year after year; they find they are locked into a perpetual contract they cannot cancel, even when they are too old or sick or cannot afford to travel; they discover that they cannot sell the timeshare (there is no market for it) or other breaches, misrepresentations and non-disclosures.
If you find yourself in such a nightmare contract, please give us a call. We might be able to help you.