You’ve spent years paying off your timeshare, only to realize that you don’t have the time to go there as often as you’d like or that it’s not the place you pictured yourself enjoying your retirement. You’re thinking about canceling your timeshare ownership—can you do it legally? There are ways to go about it, and if you find yourself in this situation, consider hiring a Timeshare attorney in Florida before you make any irreversible decisions.
Is There A Way To Cancel Legally?
The state of Florida has several laws in place that make it difficult for consumers to cancel their timeshares. If you’re stuck with a timeshare and looking for a way out, there are only two ways you can legally cancel.
- You either have to prove that you were scammed into buying your timeshare
- Wait five years before canceling
To help streamline your cancellation process, ask an attorney who specializes in Timeshare cancellation in Florida to help guide you through what will inevitably be a long, complicated process. Canceling your contract may seem impossible, but there are ways around paying expensive cancellation fees. Consult an attorney about canceling.
What Are My Rights Under Florida Law?
Under Florida law, consumers have a right to cancel most contracts within three business days of signing them. This is due to a 1989 amendment to Chapter 501 of Article 2, known as The Shinn Law. If you signed a contract for a timeshare purchase more than three days ago but haven’t yet taken possession of your timeshare property, there may be options available for canceling your contract under The Shinn Law.
Each company has different policies about whether they honor cancellation requests; it is best to contact an attorney who can help you determine whether these laws apply to your specific situation. An experienced legal professional can also help point out other issues that might affect your ability to cancel; although The Shinn Law generally prohibits membership contracts containing clauses disallowing cancellation of any kind, some companies work around these prohibitions by requiring purchasers to submit special documentation attesting their eligibility for cancellation before they’ll process requests.
What Is Considered Fraud?
According to Florida Statute 718.111, it is against public policy to engage in any fraudulent or deceptive act or practice, including misrepresentation, omission, concealment of facts, false advertising and misappropriation of property. A timeshare company that cancels a contract due to fraud or material misrepresentation is not liable for any fees under that contract. The burden of proof rests with you to prove that your timeshare company committed fraud when it canceled your contract. Do not sign any legal documents without consulting an attorney first. If your timeshare company canceled your contract due to fraud or material misrepresentation, the professional attorney could help you negotiate repayment terms and seek reimbursement from them through arbitration or litigation if necessary.
Why Hire an Attorney to Get Out of The Timeshare?
The attorney knows what it takes to cancel your timeshare. After all, they have done it hundreds of times before. They can help you navigate your state’s cancellation process and have great connections with other attorneys who specialize in canceling out-of-state contracts