Timeshare

Over the past 25 years, Attorney Paul Platte has recovered $1,000,000s for timeshare and condominium owners and homeowner associations. Our timeshare exit team has timeshare attorneys who have successfully assisted approximately 7,000 timeshare owners with timeshare sales, timeshare exits, timeshare cancellations, timeshare releases, timeshare relief, and timeshare help. We have unraveled timeshare scams and filed many unfair and deceptive trade practices lawsuits to help timeshare owners get out of timeshares.

We are timeshare lawyers who can help with Florida timeshares, South Carolina timeshares, Mexico timeshares, Canada timeshares, and we have a network of timeshare lawyers around the country who can provide timeshare relief in other states.

Attorney Paul Platte has successfully handled condominium and timeshare litigation, particularly lawsuits about excessive assessments, maintenance fees, and dues; the improper use of maintenance fees and dues; fraud schemes about buying and selling timeshares to fraudulent timeshare relief companies and buyers; and timeshare developers’ obligations to maintain condominiums and timeshares. Our team has helped owners of Mexico timeshares and Canada timeshares.

We also have relationships with expert witnesses in engineering, construction, and accounting who, along with him, can analyze, litigate, and succeed in claims regarding the inappropriate or excessive assessment of maintenance fees and dues and the failure to maintain condominium and timeshare buildings.

For years, Attorney Paul Platte has sued and defended defective construction claims for timeshare owners and homeowners associations. We also work with geotechnical engineers and other types of engineers in analyzing, resolving, and litigating defective construction in order to protect his client’s investments and their peace of mind.

For a free consultation with a timeshare attorney contact Paul Platte at paul@paulplatte.com

HOW DO I GET OUT OF MY TIMESHARE?

We receive the following frequently asked questions:

• Can I sell my timeshare back to the resort?

• How can I get rid of my timeshare?

• What happens if I stop paying for my timeshare?

• Can I cancel my timeshare contract?

• Can I cash out my timeshare?

• How do I sell my timeshare now?

• Can I get out of my timeshare?

• How can I cash out my timeshare?

• What are timeshare fraud and timeshare scams?

• Can I give away my timeshare?

All those questions can relate to timeshare sales companies, timeshare resale companies, timeshare points programs, timeshare fraud, timeshare scams, and time exit strategies.

For example, timeshare owners may have unfair and deceptive trade practice claims and be able to cancel, exit, release timeshares if:

• A timeshare sales company, timeshare exit company, or timeshare resale company breaches any state or federal laws. Timeshare laws and consumer protection laws change constantly. There are new timeshare laws and consumer protection laws every year, many of which protect timeshare owners. Know the timeshare laws in your state or contact a timeshare lawyer such as Attorney Platte: paul@paulplatte.com

• Timeshare sales companies do not comply with the United States Federal Trade Commission and state laws that mandate a “grace period” or "cool off period", that allows people to cancel some types of purchases without penalty within three days. Many states have their own laws that govern cancellation of timeshare contracts. In Florida, a new timeshare owner can cancel the purchase within ten days.

• Timeshare sales companies do not comply with the United States Federal Trade Commission laws providing consumers with information regarding timeshare pricing and other related information. Timeshares are considered to be securities under the law.

• Timeshare sales companies, timeshare exit companies, and timeshare points programs do not comply with real estate laws and regulations. Timeshares have been in existence since the 1960s in England, and timeshares started in the United States in the 1970s, specifically in Florida and on St. Croix and St. Thomas in the U.S. Virgin Islands. Then the Florida Department of Real Estate Commission enacted legislation to regulate Florida timeshares. Timeshare sales companies and resale companies must comply with state and federal laws. Timeshare developers, timeshare sales companies, timeshare points programs, and timeshare exit and resale companies must comply with those laws and regulations.

• Timeshare deed back may be available. Some timeshare companies allow timeshare deed back from the owner to the company if the timeshare contract allows.

• Timeshare developers, timeshare sales companies, and timeshare resale companies do not comply with master deeds. The description of the condominium units and timeshare units and the common areas and any restrictions on their use are set forth in a document commonly called a "Master Deed", "Enabling Declaration", “Declaration of Incorporation”, "Declaration of Conditions", “Declaration of Condominium”, or "Condominium Document". Such a document sets forth the legal creation of the condominium, timeshare, condominium homeowners association (“HOA”), timeshare HOA, and the rules of governance for the HOA (also, there are usually bylaws that also govern condominium and timeshare HOAs).

• A timeshare management company breaches its management agreement or is negligent in maintaining your timeshare, the timeshare owner may have a breach of contract or timeshare law claim.

• If your timeshare has mold, rust, or is otherwise not properly maintained, the timeshare owner may have a claim.

• Timeshare location exchange companies entice timeshare owners in any given area to exchange their week with owners in other areas; those companies must comply with state laws. Be aware -- timeshare exchange companies must properly and legally disclose if they limit which exchange options about dates and seasons are available at their other properties.

• Timeshare marketing companies, timeshare exchange companies, trusts, and groups may attempt to obtain a certain percentage of timeshares and thereby take control of the board of directors. They must comply with the master deed, bylaws, and state and federal laws.

• A timeshare sales or resale company misleads a customer about success rates

• A timeshare sales or exit company does not honor a request to cancel a timeshare within a certain number of days, the timeshare buyer may have a timeshare exit claim.

• Some states prohibit timeshare resale companies from offering other services.

• In some states, timeshare resale companies are prohibited from misrepresenting their previous interests in the timeshare.

• Timeshare cancellation may be available by settlement through many years of relationships with timeshare developers, timeshare management companies, and timeshare points programs

• In some states, timeshare resale companies have a limited number of days to fully refund timeshare owners who have properly canceled their timeshare purchases.

• In most states, a timeshare buyer has a right to timeshare cancellation within a few days of signing a timeshare purchase agreement.

• Timeshare owners must keep a copy of all documents connected to the timeshare. Timeshare advertising agreements must be in writing.

• Timeshare sales and resale companies who commit unfair and deceptive trade practices may be subject to fines.

• In some states, timeshare resale companies are prohibited from collecting any money from a timeshare owner without first obtaining a written, signed agreement.

• Many states require certain disclosures on timeshare sales and resale agreements.

• Be aware, timeshare buyers may be signing contracts that obligate their estates and their heirs to pay timeshare dues and assessments -- state laws have disclosure requirements.

• Timeshare exchange companies and points programs may be required to disclose the difference in trading power between timeshares depending on the location, age of the timeshare, and season of the ownership.

• Some timeshares are owned by deeded contracts. Such contracts must comply with state and local property laws. Deeds may be perpetual, binding estates and heirs, or may be for a fixed period of time. All such matters must be disclosed in the timeshare sale or timeshare resale contract.

• Deed in lieu of foreclosure by defaulting may be available. A timeshare lawyer should be consulted.

• Timeshare sales and timeshare exit companies must disclose whether the timeshare contract is for fixed-week ownership, where the timeshare owner owns a deed to use a unit for a single specified week, or fluctuating-week ownership, where for example, the owner may choose any single week during the summer. Timeshare owners must be aware and notified in writing that floating contracts often exclude holidays.

• Timeshare points programs, timeshare points clubs, and timeshare points trusts allow purchasers (often called members) of timeshare interests to convey their interests in exchange for vacation points to be used at other timeshare points program resorts. Timeshare owners must be aware -- and timeshare points programs must disclose -- the right to use other resorts depends on the value of the timeshare property interest conveyed to the timeshare points club. The number of points and the right to use other resorts at certain weeks will depend on the popularity of the resort and popularity of the season of the timeshare resort deeded, the popularity of the other resort and the popularity of the season at which the points want to be used. All that must be disclosed by the timeshare points program, timeshare points club, and timeshare points trust.

• The actual cost of the timeshare can only be quoted by a licensed real estate agent in the United States unless the purchase is a right to use as opposed to an actual real estate transaction via ownership.

REASONS FOR TIMESHARE CANCELLATION

• Timeshare dues and timeshare fees go up and up

• Timeshare owner can not sell the timeshare

• Timeshare is no longer affordable

• Timeshare owners do not use the timeshare

• Timeshare owners no longer travel

• Timeshare is not maintained properly

• Timeshare is old and runs downed

• Timeshare has mold, rust, old furniture

• Timeshare can not pay timeshare dues and timeshare fees

• Timeshare points program is unfair

• Timeshare owner can not get favorable dates in timeshare points program

• Timeshare owner is elderly or has medical problems and no longer travels

• Timeshare sales company misled owner or there is timeshare fraud, such as higher fees

• Timeshare buyer has buyer’s remorse

For a free consultation with a timeshare attorney contact Paul Platte at paul@paulplatte.com

WARNINGS ABOUT BUYING A TIMESHARE

Protect yourself from pressure tactics and timeshare scams when buying a timeshare or joining a timeshare points program. Timeshare scams occur during sales meetings at the time of original purchase.

Timeshare buyers have a “grace period” or “cool off period”, usually three days, to cancel or rescind a timeshare purchase.

Get all the documents that pertain to the timeshare, including all the condominium or HOA documents.

Beware of timeshare points programs. At what resorts, at what times, during what seasons can you use your points to reserve a timeshare with your points? It must all be in writing.

READ THE DOCUMENTS OR GIVE THEM TO A LAWYER TO READ.

If you want to cancel or rescind a timeshare purchase, follow the directions on how to cancel or rescind -- writing, certified mail, etc.

For a free consultation with a timeshare attorney contact Paul Platte at paul@paulplatte.com

WARNINGS ABOUT TIMESHARE RESCISSION

Timeshare rescission is a legal term in the timeshare purchase agreement and in the state and federal timeshare laws that allow a timeshare buyer a certain number of days to cancel the timeshare purchase agreement without having to pay any money. You don’t need any reason to rescind as long as you rescind within the time required in the purchase agreement and the laws, and you perform the rescind in the precise manner described in the purchase or rescission agreement and the laws. The most common reasons for timeshare rescission are simple buyer’s remorse and discovery that the documents are not the same as the sales presentation. Every timeshare purchase contract sets forth the steps and deadlines to rescind the contract -- FOLLOW THE STEPS AND DEADLINES PRECISELY! Do not rely on what a salesperson told you about when and how to rescind. The rescission period could be as little as 3 days.

You may want to consult a timeshare attorney to protect yourself.

WARNINGS ABOUT SELLING A TIMESHARE

Protect yourself from pressure tactics and timeshare scams when selling a timeshare or working with timeshare exit companies. Timeshare scams can occur when timeshare exit companies offer to buy or help you with timeshare resales. A typical timeshare scam occurs when timeshare sales and timeshare exit companies contact timeshare owners by mail or phone and advertise that the timeshare exit company already has a buyer for your timeshare if the timeshare owner pays upfront fees. However, after the timeshare owner pays upfront fees to the timeshare exit company, the timeshare sale does not go through, the timeshare scam company -- called “Viking Ships” -- sail off over the horizon pocketing the timeshare owner’s upfront fees, and the timeshare owner is still on the hook for timeshare dues and maintenance fees.

NEVER PAY UPFRONT FEES. Pay fees and closing costs only at the time you close on your timeshare sale.

Be skeptical of any timeshare exit company that tells you they already have a buyer for your timeshare.

Research timeshare exit companies and timeshare resale companies with the online reviews, the Better Business Bureau, the state attorney general’s office, and the state division of corporations.

Obtain and read all contracts and related documents. Give them to a timeshare attorney to read.

Scrutinize all contracts and related documents for hidden timeshare closing costs and processing fees.

Selling a timeshare is like selling property.

You may want to consult with an attorney to protect your rights, your property, and your money.