Timeshare Probate Lawyers in Orange and Hillsborough Counties and Throughout Florida

Protecting the Rights of Timeshare Owners

Timeshares were initially designed to make owning a vacation property more affordable, but today, they often lead to regret after high-pressure sales presentations, challenges when you want to cancel, and other legal disputes. Timeshare contracts are complex, and many timeshare owners have difficulty understanding their rights or what they can legally do.

Whether you were talked into purchasing a Disney timeshare but want to back out, or you are worried about a foreclosure on the property, our attorneys can explain your rights and what options you may have to protect your financial interests. Call Osenton Law Group, P.A., at (813) 322-5958 for a strategy meeting with an attorney at our timeshare law firm to learn more.

What Can a Timeshare Resort Attorney Help With?

Most issues that happen with timeshares fall under contract law, which is handled in the civil courts. Timeshare attorneys help owners understand what financial obligations and responsibilities were established by the contract and what options they have if they want to cancel the timeshare or have an issue related to the property.

One of the most common issues that timeshare attorneys see is clients who want to get out of their timeshare but are not sure if it is possible or how to start the process. Our team can determine whether you are still in the rescission period, which is the cooling-off period after signing, and if not, review your contract to identify what it says about cancellation.

A timeshare attorney also helps with contract review before signing up for a timeshare. Having a lawyer review the contract can ensure you understand the cancellation process, any restrictions on transfer, and how the timeshare maintenance fees will work. Getting legal advice before you sign can protect you from falling victim to high-pressure sales tactics or deceptive practices.

In some cases, the timeshare itself is not a problem, but there is an issue with the property or HOA. Working with a timeshare attorney means they can communicate directly with the property manager, HOA, or other representative agency to resolve the issue or negotiate a settlement.

When Can You Cancel a Timeshare in Florida?

Many people who buy timeshares do so after being subjected to high-pressure sales tactics and exhausting pitch presentations that last for hours. Sales reps rely on people being tired, hungry, and ready to sign anything to move on with their days. The good news is that Florida law has a statutory timeshare cancellation period. This is called the rescission period, and it lasts for 10 calendar days after signing a contract or receiving the public offering statements, whichever occurs last.

If you are still within the rescission period, you can start the timeshare exit process by providing a written notice of cancellation to the party specified in the contract. By law, there should be cancellation instructions in the timeshare agreement, and you must follow those exactly.

We commonly hear from clients who were not aware that they needed to cancel in writing or that the cancellation had to be sent to a specific person. If you do not follow the exact cancellation procedures outlined in your timeshare contract, it could invalidate the cancellation, and it is common for people not to realize this until after the rescission period has passed.

If you want to cancel your timeshare soon after signing, reach out to our firm to talk to an attorney who can inform you of the Florida statutes and relevant consumer protection laws and take action quickly to help you get out of the timeshare.

What Options Do Timeshare Owners Have If the Rescission Period Has Passed?

We commonly hear from clients who have used their Disney timeshare for years, but now life has changed, and it no longer serves a purpose for them. They are well past the rescission period, which means it can be much harder to cancel the timeshare. The options available will depend on the terms of the timeshare agreement itself and what is going on with the timeshare.

Voluntary Deed-Back or Surrender

If the developer offers the option of a voluntary deed-back, this is often the simplest way to get out of a timeshare. With this option, the owner transfers the ownership back to the property developer or the homeowners’ association, depending on the specific contract. The developer or HOA then assumes full responsibility for the timeshare and is free to sell it to another person. However, a deed-back is not always offered, and it also generally requires the owner to be current on all fees and to have paid off the initial loan.

Selling or Transferring the Timeshare Interest

In some cases, you can sell your timeshare interest to another person or transfer it to a third party. Whether this is an option depends on the contract. Some timeshares do not permit this, while others have specific procedures that must be followed to be able to exercise this option. As with a voluntary deed-back, it is commonly required to have paid off the loan in full before you can sell or transfer the timeshare. It is also important to be aware that timeshares have very little resale value, so you may not be able to recoup much, if any, of your investment.

Pursuing Litigation

If there is evidence of fraud, deceptive practices, or breach of the timeshare contract, you may be able to file a lawsuit against the developer, property manager, or HOA to get out of a timeshare. Your options depend on the facts of the case and whether the contract has an arbitration clause. Many timeshare agreements outline that the parties will go through arbitration instead of litigation, but this can still result in a positive outcome for the timeshare owner, especially if they have legal assistance and representation from an experienced timeshare attorney.

Filing for Bankruptcy

Timeshares can generally be surrendered in both Chapter 7 and Chapter 13 bankruptcy filings. However, this should be considered a last-resort option, as filing for bankruptcy requires meeting other eligibility criteria and can have a long-lasting effect on your finances and credit.

If you are not sure how to get out of a timeshare, the law office of Osenton Law Group, P.A., is here to help. Our team can review your situation, identify what options you have, and discuss the pros and cons of each so you can make an informed decision about how you want to move forward.

Are Timeshare Companies Allowed to Use Deceptive or High-Pressure Sales Tactics?

The timeshare industry is well-known for luring people in by giving them vouchers, sometimes hundreds of dollars worth, for listening to a free presentation. At those presentations, sales reps use high-pressure tactics to get people to sign up. The presentations can last for hours, and it is common for sales reps to try to argue with you if you decline or play into your emotions. However, Florida has strict laws on what sales reps are allowed to do at these presentations.

While pressuring sales tactics are common and generally legal, representatives are not allowed to use false or intentionally misleading statements in the presentations or when talking with you about signing up. This can include making false claims about the potential for rental income or misrepresenting the resale value in an effort to get you to buy. If you believe that you were the victim of unfair or deceptive practices, an attorney can explain your legal options and help you file a complaint with the appropriate agencies.

What Are the Potential Consequences of Cancelling a Timeshare?

Walking away from a timeshare without a plan in place and understanding of your rights and responsibilities can open you up to litigation, hits on your credit report, and even foreclosure proceedings. Developers and HOAs often have their own legal teams that do everything they can to protect their interests. It is just as crucial for you to have legal representation protecting your interests.

Timeshare exit lawyers know what tactics these companies use and can help you determine how to get out of your timeshare with the least amount of consequences possible. A timeshare cancellation attorney can also communicate with the other party and their lawyers on your behalf.

Why Do You Need an Experienced Timeshare Attorney?

When you are going up against large development companies and HOAs, you need a knowledgeable timeshare attorney who can help you understand the statutory requirements for timeshares as outlined in Florida law. Working with a lawyer also ensures that you know what the deadlines are for the rescission period and how to provide proper legal notice to all parties involved.

There is a lot of incorrect and misleading information about timeshares and how cancellation, selling, and transferring work, and you need someone on your side who can make sure you have accurate information and a clear path forward. Schedule a strategy meeting and learn more about our legal services when you call Osenton Law Group, P.A., at (813) 322-5958. Our law firm has a strong track record of helping clients get out of complicated timeshare agreements, and we are here to represent your best interests and your rights as an owner.