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Get Out of Your Timeshare

Updated: Jan 13, 2022

In today’s current economic climate with many homeowners losing their home to foreclosure, short sale or simply “walking away”, they are finding that they are also burdened by their timeshare vacation rental with its ever-increasing assessments and fees.

Timeshare owners who consult with a law firm that specializes in timeshare law, such as Timeshare Legal Action, will benefit from a proven, legitimate timeshare cancellation service. Highly qualified and experienced lawyers understand how timeshare laws works and know how one can cancel them without any legal hassle.

Many unscrupulous timeshare companies are refusing to take back their timeshare and are blocking the sale or transfer of an unwanted timeshare to third parties making timeshare not an investment but a financial liability for the life of the timeshare owner.

Because the travel and tourism is one of the most important industries in the state of California account for about 100 billion dollars annually, the legislature has enacted consumer protection statutes that are designed to protect consumers from fraudulent and deceptive timeshare tactics.

Known as the Vacation Ownership and Timeshare Act of 2004, this consumer protection statute that may be utilized by a timeshare owner to regulates disclosures and representations made by timeshare salesman as well as the content found in timeshare offering brochures. In addition, it regulates the conduct of timeshare presentation as well as the availability of timeshare to owners who are often times required to compete for timeshare use with rental of their timeshare to the general public.

The Act is quite extensive in its prohibitions of representations and conduct in connection with a timeshare presentation. Some of the more frequent violations of the Act, which can be found in California Business and Professions Code 11245, are the following:

  • Make any material misrepresentation that is false or misleading in connection with any advertisement or promotion of a timeshare plan.

  • Make a prediction of any increases in the resale price or resale value of the timeshare interest.

  • Materially misrepresent the size, nature, extent, qualities, or characteristics of the offered timeshare plan.

  • Materially misrepresent the conditions under which a purchaser may exchange the right to use accommodations in one location for the right to use accommodations in another location.

  • Materially misrepresent the current or future availability of a resale or rental program offered by or on behalf of the developer.

  • Materially misrepresent the nature or extent of any incidental benefit.

  • Fail to deliver any item offered in connection with a promotion to a prospective purchaser upon the conclusion of the sales presentation.

  • State that the purchase of a timeshare interest constitutes a financial investment.

  • Fail to clearly and conspicuously disclose, prior to the execution of any purchase contract, the annual maintenance and association dues or any separately billed taxes, when applicable.

  • Fail to clearly disclose in writing any automatic charging or billing procedure.