Timeshare Cancellation FAQs

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WHAT IS THE DIFFERENCE BETWEEN TIMESHARE CANCELLATION AND TIMESHARE EXIT?

In general, “timeshare cancellation” refers to a window of time after your initial purchase during which you are allowed to terminate or rescind your timeshare contract. On the other hand, “timeshare exit” refers to our process of trying to help you resolve your unwanted timeshare once the cancellation period of your contract has passed. If you qualify for our program, our team will use our best efforts to try to help you exit your timeshare.

 

For the record, we may use the term “timeshare cancellation” from time to time, but this is only referring to the basic term or phrase that many people use on a regular basis in their search for timeshare exit services such as ours. That term may include, but is not limited to, Re-Acceptance, Supply of Inventory, In Rem, Deed in Lieu, Foreclosure, Termination, Surrender and Release, Timeshare Release, Settlement and Release of Claims, Settlement Offer, Recapturing Inventory, Loss of Privilege, Quit Claim Deed, and Voluntary Surrender and Mutual Release.

HOW DO I START THE PROCESS OF EXITING MY TIMESHARE CONTRACT?

We recommend that you first contact your developer and ask about available exit programs that they may offer. We recommend that you both call your developer and follow up with written correspondence, always keeping a copy of any correspondence for yourself. Explain to your developer why you want to exit your timeshare, and provide as much detail as possible, including any misrepresentations or high-pressure sales tactics that you may have experienced.

 

In writing your letter, you may want to consult an attorney. Although there are few attorneys out there with extensive timeshare exit experience, we can provide recommendations.

HOW LONG CAN IT TAKE TO EXIT MY TIMESHARE CONTRACT?

Exiting a timeshare contract can take anywhere from a few months to over a year, depending on the method used and the specifics of your agreement. If you’re attempting to cancel your timeshare through the resort or developer, it can be a relatively straightforward process, especially if you’re still within the statutory “rescission period” (usually 3-10 days after signing). However, if you’re outside of that window, the process can be more complex and time-consuming, involving negotiation or legal action. Working with timeshare exit companies might take several months, as they typically require time to handle paperwork and negotiations. If you choose to sell or transfer the timeshare, this can be even more unpredictable, depending on market demand and the efforts of brokers or buyers. In all cases, it’s important to review your contract carefully and seek professional advice to avoid delays and additional costs.

WHEN SHOULD I USE THE SERVICES OF AN EXIT COMPANY?

You should consider using the services of a timeshare exit company when you’re unable to exit your timeshare contract through the resort or if you’re outside of the rescission period and facing resistance from the developer. These companies are particularly helpful if you’re overwhelmed by the complexity of legal language, the prospect of lengthy negotiations, or are unsure about your options for getting out. A reputable exit company can guide you through the process of cancellation, debt relief, or even resale, often helping to save you time and money. They are also valuable if you’re dealing with ongoing maintenance fees, which can become financially burdensome. However, it’s essential to thoroughly research the company’s credentials and track record to avoid potential scams and ensure they have a solid plan for your exit.

HOW MUCH DOES IT COST TO EXIT MY TIMESHARE?

The cost to exit your timeshare can vary widely, depending on the method you choose and the complexity of your contract. If you go through a timeshare exit company, fees typically range from $2,000 to $5,000, though some services may cost more depending on the level of support, legal involvement, or the time required to negotiate. It’s important to understand that some companies charge upfront fees, while others may structure their pricing based on milestones or success. If you attempt to exit the timeshare on your own, costs could include legal fees, document preparation, or potential costs related to arbitration or court proceedings. Additional expenses may arise if you’re working with a resale agent or trying to sell the property, though resale prices are often much lower than what you initially paid for the timeshare. Always ensure you understand the full scope of fees involved before committing to any exit strategy, as hidden charges can sometimes arise.

CAN I STOP PAYING ON MY TIMESHARE?

Stopping payments on your timeshare is not as simple as simply ceasing payments, as this can lead to serious financial consequences, including damage to your credit, legal action, and continued collection efforts by the timeshare company. However, there are ways to stop payments legally, though they often involve specific processes. For example, if you are in a financial hardship situation, you may be able to negotiate a reduction in your payments or defer them temporarily by working with the resort or a third-party negotiator. If you decide to exit the timeshare contract entirely, a reputable timeshare exit company can assist you in canceling the agreement, which may ultimately stop payments. It’s important to note that stopping payments without a legal exit may lead to default, penalties, and continued liability for maintenance fees. Always consult with a professional before taking any drastic steps to avoid escalating the situation.

CAN THE EXIT PROCESS AFFECT MY CREDIT?

Yes, the timeshare exit process can affect your credit, especially if you stop making payments or go through a default situation before successfully exiting the contract. If you miss payments on your timeshare, the resort or timeshare company may report the missed payments to credit bureaus, which could lower your credit score and lead to negative marks on your credit report. Additionally, if you pursue legal action or go through a foreclosure process as part of your exit strategy, it could further damage your credit standing. However, if you work with a reputable timeshare exit company and follow a structured, legal process to cancel or negotiate your contract, you may be able to avoid these negative effects. It’s important to understand the potential credit implications and to explore exit options that minimize financial harm while successfully resolving your timeshare obligations. Always consult with professionals who can help protect your credit throughout the exit process

WHAT IS A TIMESHARE EXIT COMPANY?

A timeshare exit company is an intermediary between you and your timeshare developer that does its best to help you exit your current timeshare agreement. Timeshare exit companies can be one of the most efficient ways for timeshare owners to exit their current membership agreements. Additionally, this option tends to save owners precious time, energy, and money instead of dealing with difficult timeshare developers, who generally try to get you to keep paying their fees or to buy more points. Each situation and timeshare exit company will be different, so it’s important to ensure you’re selecting a reliable company with verified testimonials from reputable websites such as the Better Business Bureau and Trustpilot.com.

WHAT FACTORS ARE MOST IMPORTANT WHEN SELECTING A TIMESHARE EXIT COMPANY?

  • Reputation and Trustworthiness: A good timeshare exit company should have a strong reputation with positive customer reviews and ratings. Look for industry recognition, testimonials, and a track record of successful exits to ensure they are reliable and trustworthy.

 

  • Transparent Process: The company should offer a clear, transparent process with no hidden fees. A reputable exit company provides clients with detailed explanations of the steps involved and ensures they fully understand the process of canceling their timeshare.

 

  • No Upfront Fees: A top-tier timeshare exit company operates on a no upfront fee basis, meaning you only pay when they successfully help you exit your timeshare. This approach minimizes risk and ensures they are motivated to deliver results.

 

  • Expert Legal Team: Legal expertise is crucial for navigating the complex timeshare laws and contracts. A good company will have a team of attorneys or legal professionals with experience in timeshare law, particularly in challenging deceptive practices or unfair contract terms.

 

  • Customized Solutions: A reliable timeshare exit company should provide tailored solutions based on your unique situation, whether it’s through negotiation, legal action, or other exit strategies. They should understand your specific needs and work with you on the best course of action.

 

  • Customer Support and Communication: Excellent customer service and open lines of communication are vital. A reputable company keeps clients informed throughout the entire process, answering questions promptly and offering updates on progress.

 

  • High Success Rate: A good timeshare exit company should have a proven track record of successfully helping customers cancel timeshare contracts. Look for success stories, case studies, and evidence of a high exit success rate.

 

  • Ethical Practices: Ensure the company follows ethical practices, avoids scams, and provides realistic expectations. Avoid companies with false promises or “guaranteed” results without proper explanation of the process.

HOW CAN I BE SURE THAT I’M CHOOSING A REPUTABLE TIMESHARE EXIT COMPANY?

Identifying a timeshare exit company that is potentially problematic can be difficult!

 

Here are some factors to consider:

 

In the following circumstances you may want to ask more questions:

1)  Are they telling you your exit must be done today?

2)  Are they asking for your personal banking information before a signed contract?

3)  Are they offering you a guarantee?

4)  Are their customer reviews old and out of date?

5)  Are their business licenses out of date?

6)  Are they not registered for the National “Do Not Call” Registry?

 

Favorable considerations may include the following:

 

1)  Do they have multiple positive reviews from reliable sites such as The Better Business Bureau (BBB) and Trustpilot?

 

• BBB identifies companies in operation. More professional and reliable companies will usually be accredited by the BBB and have numerous positive reviews to back them up.

• Businesses can register with Trustpilot to give past clients a platform to express their experiences with the respective company. Legitimate businesses often take advantage of this opportunity to attract more potential clients.

 

2)  Do they provide an escrow option?

A general rule of thumb is to choose an exit company where the public reviews suggest that there will not be any fraudulent activity. Buyer beware of any company that offers guarantees or tells you they can get you out of your timeshare in less than 60 days. Also, beware of timeshare exit companies who transfer client contracts because such a transfer may prevent you from being permanently exited from your timeshare.

 

TSC offers financing, escrow, deferred payment, and in some hardship cases we offer pro bono (no cost) assistance.

WHY IS THERE URGENCY BEHIND EXITING YOUR TIMESHARE?

Any urgency behind exiting your timeshare is determined only by you, the client. Since every set of circumstances is different, some timeshare owners may have factors like upcoming special assessments, escalating maintenance fees, high interest rate balances, and more. Some timeshare contracts contain a perpetuity clause. The definition of perpetuity is “ongoing” and may affect your heirs.

 

Most perpetuity clauses terminate upon your death and are dissolved along with any financial burden or attached fees as well.

 

However, timeshare perpetuity clauses usually do not end with the death of the original contract owner. Instead, these clauses often state that you are the owner of the timeshare for the remainder of your life, and when you pass away, the ownership would become part of your estate and then may be passed on to your children and then their children. This means generations may be responsible for the yearly maintenance fees associated with your timeshare. Even when a mortgage is paid off, the maintenance fees can be lifetime.

WHAT IS A TIMESHARE PERPETUITY CLAUSE?

A timeshare perpetuity clause is a provision in some timeshare contracts that makes the agreement effectively “forever” or extends the obligation to pay for maintenance fees and other costs indefinitely, often passing down to heirs or beneficiaries. This clause ensures that the timeshare is treated as a long-term, continuous obligation, regardless of the owner’s ability or desire to use the property. In some cases, the perpetuity clause can result in burdensome financial responsibility for the original owner or their family members, as the timeshare can be inherited without the owner’s consent. The presence of a perpetuity clause is one of the reasons why exiting a timeshare can be so challenging, and it’s often a major factor in the decision to seek professional timeshare exit services. Legal professionals or exit companies can sometimes help navigate or even eliminate this clause, offering a pathway to end these long-term financial commitments.

DO YOU HAVE LEGAL GROUNDS TO TERMINATE YOUR TIMESHARE?

Yes, a consumer may have legal grounds to terminate a timeshare contract, depending on the circumstances and the terms of the agreement. Some common legal grounds include misrepresentation during the sales process, such as false promises about rental income or property values, failure to provide required disclosures, or violations of state-specific consumer protection laws. Additionally, if the contract includes unfair terms or a perpetuity clause that extends obligations indefinitely, this may provide grounds for cancellation. Consumers may also have the right to cancel if they act within the statutory “rescission period,” typically a few days to a couple of weeks after signing the contract, depending on state law. Outside of the rescission period, termination can be more complex, often requiring legal assistance or working with a timeshare exit company to negotiate a resolution. It’s crucial for consumers to carefully review their contract and seek professional guidance to determine if they have a valid legal case for termination.

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