Want to exit your timeshare? You have two main options: cancellation or resale. Here’s a quick breakdown:
- Cancellation: Ends your contract and stops future fees. Typically requires hiring a licensed attorney, costs $4,000–$6,000 upfront, and can take months to complete. Best for those facing financial strain or legal issues with their contract.
- Resale: Sell your timeshare on the secondary market. Costs $300–$1,500 for listing and transfer fees, but resale prices are often less than 10% of the original purchase price. Best for those who can afford ongoing fees while waiting for a buyer.
Quick Comparison
Aspect | Cancellation | Resale |
---|---|---|
Upfront Costs | $4,000–$6,000 (attorney fees) | $300–$1,500 (transfer fees) |
Ongoing Fees | Pay until cancellation is final | Pay until sale is finalized |
Timeline | Months | Depends on market conditions |
Financial Impact | Stops all future costs | Up to 90% loss on purchase price |
Legal Protection | Strong with attorney support | Limited |
Credit Risk | None with attorney help | No credit risk |
Key Takeaway: Choose cancellation if you need immediate financial relief or legal protection. Opt for resale if you can manage fees while waiting for a buyer. Consult a licensed attorney to ensure the best outcome.
Timeshare Exit Methods: Cancellation vs. Resale
Cancellation ends your contract and eliminates fees, while resale transfers ownership – and ongoing costs – to someone else.
How Timeshare Cancellation Works
Cancellation involves legally terminating your timeshare contract. A licensed timeshare attorney typically reviews the agreement, identifies legal grounds for termination, and negotiates or litigates on your behalf. If you act within the rescission period (usually three to fifteen days, depending on your state), you may qualify for a full refund. Outside this window, the process can take months of legal work to finalize.
How Timeshare Resale Works
Resale means selling your timeshare to someone willing to take over ownership and its related fees. However, with secondary markets crowded, sellers often recover less than 10% of their original purchase price. Successfully reselling requires thorough market research, creating a compelling listing, reaching out to potential buyers, negotiating terms, and completing the title transfer.
Next: Step-by-step guides to canceling or selling your timeshare.
Required Steps for Each Option
Here’s a clear breakdown of what to do for canceling or reselling your timeshare.
Steps to Cancel a Timeshare
Start by gathering all your purchase-related documents, such as the original contract, maintenance fee statements, and any correspondence from the resort. Check if you’re eligible for cancellation under your state’s consumer-protection laws. If the rescission period has passed, you’ll need valid reasons like sales misrepresentation or a breach of contract by the resort.
To handle the process effectively, hire a licensed attorney. They’ll review your contract, draft a legal position letter, protect your credit, manage communication with the resort, and represent you in court if necessary.
Keep in mind, this process can take months. During this time, continue making payments to avoid credit issues. Unlike cancellation, resale involves transferring ownership, but you’ll still be responsible for fees until the transfer is finalized.
Steps to Sell a Timeshare
If you’re looking to sell, follow these steps to transfer ownership:
- List your timeshare for sale and negotiate terms with potential buyers.
- Complete and submit the necessary transfer paperwork required by the resort.
- Be prepared for the financial reality: resale values are typically less than 10% of the original purchase price. Until the resort approves the transfer, you’ll still be responsible for any associated fees.
Money and Legal Requirements
Let’s break down the financial and legal aspects of cancellation versus resale.
Future Payment Requirements
If you choose cancellation, you’ll need to keep paying annual maintenance fees (around $1,035 per year)[1] until the process is completed. On the other hand, resale requires covering all maintenance fees and loan payments until the transfer is finalized.
Legal Requirements and Expert Assistance
Cancellation and resale both involve legal steps. Specialized attorneys can assist with contract reviews, drafting rescission letters, handling negotiations, managing title transfers, qualifying buyers, and overseeing closings as needed.
Cost Comparison Table
Cost Factor | Cancellation | Resale |
---|---|---|
Initial Service Fees | $4,000 – $6,000 (attorney fees)[2] | $300 – $500 (title-transfer fees)[3] |
Additional Expenses | $500 – 10% of loan balance (early termination fees)[2] | $500 – $1,500 (resort transfer fees)[3] |
Ongoing Costs | Maintenance fees until exit (avg. $1,035/year)[1] | Maintenance fees until transfer (avg. $1,035/year)[1] |
Potential Losses | Eliminates future obligations | Up to 90% loss on original purchase price[4] |
Cancellation typically involves higher upfront costs but removes any future financial obligations. Resale, however, often results in steep financial losses due to low resale values and the added burden of ongoing fees during the process.
Now that the costs and legal steps are laid out, it’s time to evaluate the pros and cons of each approach.
[1] Average annual maintenance fees: $1,035[2] Attorney fees for cancellation and potential early termination penalties
[3] Typical transfer fees charged by resorts or title companies
[4] Most timeshare resales return less than 10% of the original purchase price
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Advantages and Disadvantages
Cancellation: Pros and Cons
Canceling a timeshare means you no longer have to worry about future financial obligations. When handled by a licensed attorney, it can also protect you from any claims made by the resort. However, this option often comes with high upfront attorney fees. On top of that, you might still need to pay maintenance fees during the months-long process, and if not managed properly, it could lead to credit issues.
Resale: Pros and Cons
Reselling a timeshare typically involves lower upfront costs for transfer and listing fees, and you might recover part of your investment. But finding the right buyer can take a lot of time. Plus, you’re still responsible for maintenance fees and any outstanding loans or mortgages until the sale is complete.
Aspect | Cancellation | Resale |
---|---|---|
Financial Impact | Ends future costs | Possible partial investment recovery |
Timeline | Several months | Depends on market conditions |
Ongoing Obligations | Fees until cancellation is complete | All fees until sale is finalized |
Legal Protection | Strong with attorney support | Limited legal backing |
Credit Impact | Protected with proper legal help | No credit risk |
"Most ‘companies’ touting themselves as timeshare exit or cancellation specialists are NOT actual law firms… without the ability to sue or countersue the timeshare developer through a timeshare lawyer you have NO legal protection or leverage."
Consider these factors carefully to determine which approach aligns with your priorities.
How to Choose Your Exit Strategy
Key Decision Points
Take a close look at your financial situation, contract terms, and credit standing. If you need to stop fees immediately, cancellation might be the way to go. If you can manage the fees while waiting for a buyer, resale could be a better fit. Cancellation helps protect your credit, while resale means you’re responsible for fees until the transfer is complete.
Here’s a quick breakdown to help you decide:
Factor | Opt for Cancellation If… | Go with Resale If… |
---|---|---|
Financial Status | Payments or fees are no longer manageable | You can handle maintenance fees while selling |
Contract Clauses | You’re within a rescission period or have a strong legal argument | Your contract permits resale or transfer without restrictions |
Legal Concerns | You faced high-pressure sales tactics or misrepresentation | No legal issues or concerns with your contract |
Timeline | You need financial relief right away | You can wait for better market conditions |
Identify any key issues – like unexpected fees, difficulty booking, or market conditions – and align them with the right strategy.
Also, think about whether you want future generations to inherit these obligations.
"Unlike timeshare exit companies, we are actual attorneys. That means that we have a fiduciary and legal obligation to put our client’s interests first." – Aaronson Law Firm
It’s a smart move to consult an attorney who can review your contract and guide you toward the best exit plan.
Once you’ve chosen your strategy, continue with the steps outlined in the next section.
Next Steps
Once you’ve decided between cancellation and resale, it’s time to move forward with your plan. Use the "Required Steps" section as a guide to gather the necessary materials:
- Collect your original contract, sales materials, account statements, and any related documents.
"In our free initial consultation, we will discuss with you the details of your situation so that we can make sure that we have a full understanding. Our timeshare attorney will ask you some questions that will allow us to formulate the best course of action." – Aaronson Law Firm
A timeshare attorney can examine your contract, identify potential cancellation options, safeguard your credit, issue position letters, and guide you through the exit process.
With your documents ready, schedule a free consultation to kick off your exit strategy. During this session, share the details of your situation, including any challenges you’ve faced with the timeshare and what outcome you’re aiming for. This discussion will help shape the most effective approach for your case.
"Unlike timeshare exit companies, we are actual attorneys. That means that we have a fiduciary and legal obligation to put our client’s interests first." – Aaronson Law Firm
Legal expertise ensures your rights and interests are prioritized throughout the process, whether you’re pursuing cancellation or resale.
FAQs
What risks should I be aware of when trying to resell my timeshare?
When reselling your timeshare, one of the biggest risks is falling victim to scams. Some companies may request upfront fees, claiming they’ll help you sell your timeshare, but often these promises are empty. Legitimate sales typically don’t require advance payments.
Additionally, the resale market for timeshares can be highly competitive and undervalued, meaning you may struggle to find a buyer or sell at a fair price. Always research thoroughly and consult with a trusted professional to avoid common pitfalls and protect your financial interests.
How can I find out if I have a strong case to cancel my timeshare?
Determining whether you have a strong case to cancel your timeshare often depends on the specifics of your contract and how it was presented to you. Misrepresentation, high-pressure sales tactics, or failure to disclose critical details during the sales process could strengthen your case.
The best way to evaluate your situation is to consult with an experienced timeshare attorney. They can review your contract, discuss your circumstances, and advise you on the best course of action. A legal professional can help you understand your rights and navigate the complexities of timeshare cancellation, ensuring you avoid common pitfalls or scams.
What documents should I gather before meeting with a timeshare attorney?
Before consulting a timeshare attorney, it’s important to gather all relevant documents to ensure a productive discussion. Key items include:
- Your timeshare contract and any amendments or updates.
- Account numbers and details related to your ownership.
- Sales documents, including the original purchase agreement and any correspondence from the sales process.
- Payment records, such as receipts for maintenance fees or loan payments.
Having these documents ready will help your attorney assess your situation more effectively and provide tailored advice for your needs.