Timeshare Laws by State
Timeshare laws are state specific, so in every state your rights regarding your timeshare, or your purchase of one will vary greatly. Some states like Florida, Nevada, South Carolina, and California see a lot of timeshare usage and thus have more extensive timeshare laws. While other states like Michigan, Missouri and Wyoming do not have any timeshare specific rules and instead refer to real property, condominium, or consumer protection law. It is important to look at where the state chooses to address timeshare law. Depending on the area it is covered in you can get a clear idea of what your rights may be regarding your timeshare. If it is in consumer protection likely your rights are based on fraudulent activity by the managers, if it is in contract your rights probably have more options available for pursuing your case. You rights matter and it is important to know going in what your rights are and what remedies may be available to you and your family. This state list is designed to give you just a snapshot of how your state deals with timeshare laws and where to find it. Importantly most states give you a couple days to outright cancel a timeshare after signing on for it. If you are wanting out now and you just bought check out the cancellation list to see if you are within your rights. If you have any questions or concerns about how these laws might affect you, please reach out to us and we can review your case with a free consultation (360) 918-8196.
Alabama Timeshare law is codified in this statute but is generally regulated through the Alabama Real Estate Commission. Because it is done by the commission most of the timeshare law is governed by the professional standards placed on real estate agents, rather than timeshares as parts of real property. It is also designed to be focused on punishing agents who violate the rules, rather than just governing the sale of timeshares.
Required Licensure and Registration
In Alabama to sell vacation or timeshare plans the seller is required to be specifically licensed for it. Unlike a general real estate license Alabama imposes a separate ‘vacation time-share sales exam’ to be able to sell, lease, or convey timeshares. Failure to be licensed constitutes a violation of the rule and is could cost licensure ability plus fines.
Alaskan timeshare law is governed under their real property statute, more specifically in their common interest ownership act. Which governs not only timeshares but condominiums and any sort of shared development. Since the law is not specific to just timeshares its often more difficult to know how the rules will look at it. In situations like this it is invaluable to have a lawyer who specializes in timeshare law to review your unique case.
Extended Recission Period
A rather rare thing about Alaska’s timeshare law is that it gives an unusually long ‘cool off’ or rescission period to get out of your contract. In Alaska, the right to cancel your contract extends for 15 days from receiving your statutory required disclosure documents. In many states it can be as short as 72 hours, but Alaska gives you a full two weeks to decide if you want to get out.
Arizona timeshare law is governed under the timeshare owners’ association and management act. Which is enumerated in AZ Rev Stat § 33-2201-2211 (2020). The statute has specific authority over any other laws in Arizona for timeshare property and associations but focuses on the responsibility of the managing entity as opposed to the owners use.
Duties of the Managers
The timeshares owner’s association laws in Arizona are set up to give the owners some favor. It specifically lays out the obligations and responsibilities that managers of timeshares are required to give to their owners. While many of these relate to the duties of the manage, some like 33-2206 (5) encourage managers to extend an owner’s benefits if they are unable to use their timeshare for any reason. It also puts the responsibility on the mangers to disclose the relevant information to owners even prior to purchase.
Arkansas timeshare law falls under the Arkansas Time-share Act which explains each part of creation, administration, and financing protections of timeshares. It also states that timeshares in Arkansas will be governed under general real property law in anything that may exceed the statute. This differs from many states who treat timeshares as a special type of property, or simply as an expansion of camping or condominiums.
How Long to Sue
Arkansas provides a short right to address any major issues in your timeshare contract. You have four years after the date of the purchase to bring any cases against your developer for issues that arose in violation of the statute. This includes any of the areas specific to the statute: terms of the contract, required disclosures, administration of the managers duties, or how it was advertised to you.
California California timeshare law is generally applied through the California Vacation Ownership and Time-Share Act of 2004. It governs general management of timeshares as well as sale, creation, and enforcement of timeshare laws. Unlike many states California restricts timeshare management to the state as the enforcer rather than delegating it to a real estate agency acting on behalf of the state. CA Bus & Prof Code § 11280 (2019).
In California you are required to be given a public report that discloses many elements of the timeshare when you contract for a timeshare. Those timeshare reports are only valid for 5 years. Importantly the original report you may have been given during your initial signing has to be updated with any material changes to the complex. Make sure you know what is going on with your timeshare and the changes to it, they are required to inform you.
In Colorado timeshare law is scarce, there are no statutes that speak to specifically to timeshares. Usually in instances where there is nothing that directly speaks to timeshare it will be governed by property, real estate and contract law depending on how the timeshare interest was made. Because it is such a difficult state to determine your timeshare rights it is important to have a lawyer who has looked at this before to review your case.
Connecticut treats timeshare law a bit differently. Rather than governing the property or contract itself Connecticut looks at potential damage that might occur to consumers. Naturally, they codify their timeshare laws under consumer protection.
With Connecticut’s focus on consumer protection for its timeshare law it makes sense that it puts most of the burden on the organization to provide and disclose anything to the owners. Timeshares are required to create a yearly report for the annual expenses of the timeshare fees and expenses. It is required by law timeshare owners have a right to get these annual expense reports provided to them to see how your timeshare is being managed.
Timeshare law in Delaware is governed under the Uniform Common Interest Ownership Act, while it does speak specifically to timeshares it generally governs any shared property such as condominiums.
Cool off Period
There is an unusually long ‘cool off period’ in Delaware, in fact one of the longest in the United States. A buyer of a timeshare has 15 days from the date of purchase to cancel the contract after receiving the required disclosure documents. This gives owners an entire two weeks to read over the documents and decide if they really want to stick with their timeshare purchase.
Orlando Florida is home to one of the largest number of timeshares in the US and houses some the biggest timeshare corporations. As you can expect from an industry that is largely built on timeshares the law is detailed. Florida timeshare law is housed in the Vacation and Timeshare Plan statute under Title XL real and personal property.
Florida speaks specifically to advertisement restrictions for timeshares. It has become somewhat common for advertisements to lure potential owners with the potential winning of a timeshare in a sweepstakes, or promotion that then will latter need to be upgraded. The law requires that in Florida promotional offers be honest and limited to the number of winners when dealing with timeshares. It forces timeshare companies to follow through on their promised sweepstakes. While you personally may not be the winner, someone must be.
Georgia timeshare law falls under title 44 of their property statute in the Regulation of Specialized Land Transactions, specifically article 5 governs timeshares.
Georgia rather uniquely treats violations of their time statute as a criminal offense up to a felony. Most states use civil law when it comes to the management and punishment of timeshares, mostly through fines, or contract cancellations. Georgia takes a much stricter approach and any violation of its timeshare statute under $5000 is a misdemeanor and any over $5000 is a felony with an up to three-year sentence. It can act as a good deterrence for scamming activity when companies can get slammed with more than just some fines, but someone can go to prison.
As you could imagine Hawaii is a premier spot for timeshares to be located. Hawaii reflects this in having one of the most comprehensive timeshare laws. Hawaii timeshare law falls into their property law in article 514E.
Most states require that certain things be discussed before purchasing a timeshare. In most states these disclosures are stated in their public offering statement. Hawaii however uses a different term and document more directly to its point. In Hawaii purchasers are usually given a document in the form of a ‘ disclosure statement’ that summarizes the relevant changes and facts about the timeshare purchase contract.
Timeshare law in Idaho falls under property in general title 55. Weirdly the title of the statute is ‘ land located outside the state’ but has previously been known as the subdivided land act. It essentially governs any land that has a division of property rights, which includes timeshares. Idaho’s timeshare is also further extended by their Consumer Protection act. It states specifically that violations of the Land Act will also be punishable under consumer protection law, as well as a felony under the statute.
Indiana timeshare law is governed under their property statute 32-32. The statute is set up to govern both timeshares and campground memberships. The use of timeshares in Indiana is limited but campgrounds reflect a similar division of owner’s interest.
Timeshare, or campground managers in Indiana have a responsibility to owners to maintain their rights in scheduling and booking their reservations. If the managers are unable to meet the reservation of an owner and they are responsible for it, they are entitled to correct the mistake by giving the owner a similar site for the period or paying for the loss.
Iowa timeshares law is under a state specific statute real property code XIV. While Iowa does not have a huge share of timeshares property, they do have large share of timeshare law. The Iowa code is specific to some of the more important timeshare rights, such as disclosures, liens, sale, development, and management.
Exchange Program Disclosures
While in most states developers are required to disclose certain facts about the timeshare rental property itself Iowa takes it a step further by requiring additional disclosures if the program is a part of an exchange program. While not always called exchange programs, generally they are like point systems where instead of getting a contract to use a specific property you are instead put into a program with a company that makes you bargain for the use of property. Iowa raises the bar on what a potential owner is required to know when getting into not just a timeshare but an exchange program as well. It is important to know your rights before you give them away.
There is no timeshare specific law in Kansas. Instead, timeshares would likely be held under their real property, condominium and consumer protection law. Kansas specifically protects materially false statements about the nature of property and would protect consumers from getting scammed into timeshares. However, since there is no law on point for timeshares it would be a difficult case to make. In these cases, it is important to have a timeshare attorney who can thoroughly review your case to see your rights.
Kentucky timeshare specific laws are codified under their consumer protection. As you could expect from this most of these laws are targeted at the misuse of timeshares and vacation clubs by developers.
Consumer protection law in Kentucky focuses on a few burdens that are placed on developers. Notably that they are required to disclose certain facts to purchasers. These include but are not limited to, the right to rescind a contract, the amount of time given to rescind and the duty of a refund for goods provided in the contract.
Louisiana timeshare law is assumed under Title XX of the Louisiana Civil Code Part II-A. The statute falls as a subpart of the Louisiana condominium act.
In Louisiana they have strict restrictions on what can be said when it comes to advertising timeshares. For most material misrepresentations it is considered a violation of the statute and punishable by law. This includes solicitations via radio, telephone, or just a pamphlet they may give out to you on vacation.
Maine timeshare law is carved out in a section of property law for timeshares it is a subpart of their unit ownership law. The statute is fairly limited in what it covers about timeshares, mostly just disclosure, finances, and foreclosure.
In Main timeshare owners are given a 30-day period from the date of receiving notice to fix a default before the owner is permitted to open a foreclosure on the timeshare. Foreclosure generally applies to real property though. So, if your timeshare contract is for a point system as opposed to a share of time at a specific location foreclosure can get a lot trickier, since there is no property to foreclose on. If you are not sure of your companies’ rights regarding your inability to pay for your timeshare it is important to reach out to a timeshare lawyer to learn your rights.
Maryland timeshare law falls into their real property statute and is a subpart of their condominium law MD Real Prop Code § 11A. Maryland puts stricter requirements on the sale of timeshare estates than most other states. Particularly focusing on the licensing requirements of brokers.
Maryland requires two separate forms of licensing to conduct timeshare sales in their state. First the person selling the timeshare is required to be a licensed real estate broker. Second, the timeshare sale is required to be overseen by a ‘project broker’. Which is essentially someone who oversees the specific sales of timeshares as a separate feature from standard real estate. If you think that you may have been sold a timeshare but someone who was unlicensed, or who did not disclose their licensure you should talk to a lawyer who specializes in timeshare law to review your case.
Massachusetts timeshare laws are governed under the General Laws in real property referred to as the “ Real Estate Time-Share Act”. The act falls into a subpart of 183 the alienation act and includes governance of condominiums as well as predatory lending practices (imposing unfair, or abusive lending like an obscene interest rate).
Massachusetts timeshare law is set up to favor owners when it comes to a case. They included among more common fraud defenses to timeshares unconscionable and good-faith obligations to the sellers of timeshares. If you were intentionally ripped off you may have an unconscionable contract, or the seller was trying to scam you in its execution the probably acted in bad faith. In any case Massachusetts laws are set up to protect you if you think your case could be brought in Massachusetts its likely one a lawyer could help you with.
Michigan law does no speak specifically to timeshares. They have one major statute that governs the use of condominiums, but even this is somewhat limited in its ability to be applied to a timeshare because it does not specifically reference them. It would ultimately be up to a court to what kind of law they wanted to apply to your timeshare to decide your case. Because it is so sparing in the realm of timeshares it is recommended that you seek legal council to review your case for a timeshare in Michigan.
Timeshare law in Minnesota is administered under Minnesota Subdivided Land Sales Practice Act. It governs any type of land that divides shares over a series of people, think condominiums and timeshares. Because it is not specific to timeshares most of the law is more generalized to any concerns over shares of property interest, but it is administered through their real estate statute so is more focused on the creation and division of land.
In the state of Minnesota anyone who wants to sell a share of subdivided land is required to be licensed as a real estate broker, or salesperson in the state. They also must have a current registration for the sale of the land. Generally, this means that before anything is shown to you it must be registered with the state first and they were required to be licensed in the state to be showing it or selling it you in the first place.
Mississippi governs its timeshare law through the real estate commission. It is enumerated in Chapter 8 of the commissions created rules. Since the statute is originally put forth by the real estate commission it naturally has a focus on the creation and management of timeshare interest.
Mississippi law directly targets misleading information that can be given through advertisements for timeshares. It specifically states that no advertisement should state that the timeshare will increase in price during the timeshare period. This distinction is important because timeshares are not assets, they are simply use contracts. While many salespeople try to sell them as an asset like a house, this is directly misleading and illegal under Mississippi code. Miss Code R.§ 1601.8.11 (A)(2) (2019)
Missouri law does not spell out much regulation regarding timeshares specifically. There is some mention of it in their trade regulations. Title XXVI of their trade and commerce statute chapter 407.600 has a short 3-page statute for Time-sharing Regulation. The statute has not been updated in sometime, but it focuses on the notice requirements to both consumers and the state for timeshares.
Importantly as a consumer with a timeshare in Missouri the law favors your position. Often the purchase of a timeshare is coupled with entry into an exchange program. These programs allow you to exchange your timeshare in Missouri for another location, or time period you may like to see other than the one you purchased. Exchange companies are required to disclose limitations that they may impose on exchanges to you prior to the purchase. Notable ones include: if exchanges are subject to available space limitations, seasonal limits for locations, fees for certain exchanges, and many more. It is important to know that these must have been disclosed to you prior to obtaining the contract and should you be attempting to exchange you are required to have been given this info. If you need help understanding your rights regarding changing your timeshare or wish to get out of it contact our office at (360) 918-8196.
Montana centralizes its timeshare law around licensing and requirements of brokers/salespersons. The statute was heavily amended in 2009 to expand the scope and clarity of it. Since the statute is under an occupational rule of law it focuses heavily on requirements of the brokers who sell the timeshares and the documents that they submit to do so.
In Montana salesperson who sell or offer the sale of a timeshare are required to meet two things. First that they are currently registered with a timeshare project. This means there must be an overall real estate entity that is overlooking their attempted sale of timeshares and that overlooker is required to follow other valid real estate statutes. Second, they must be licensed as a timeshare salesperson. Licensure is simple in Montana and primarily just requires that they complete a course on the timeshare industry approved by the board.
The Nebraska Time-Share Act governs timeshare law in Nebraska, and it falls under their real property chapter 76. Nebraska treats timeshares like it generally would real property, except it constitutes a separate estate or interest apart from other real property (like your home).
Nebraska is specific about how an issue with a timeshare contract can be enforced in the state. Owners have four years to bring a claim in Nebraska from most issues relating to their timeshare contract, including its rescission period, or disclosure. Unfortunately, the Nebraska statute here is strict and your time starts ticking from when you purchase your timeshare. However, in many instances signing a separate contract, or a new one for your timeshare can reignite your claim. If you are afraid your time has ticked, or you want to be sure about your rights contact a lawyer to review your case (360)918-8196.
Nevada timeshare law has some of the most inclusive statutes in the US. It falls under their property statute under a subpart of the subdivide land section 119A. While the statute is expansive it focuses primarily on the licensing requirements of sellers with a few parts carved out for sale, resale, rights, management, and litigation. One big area to its credit is that it has several sections spelled out specifically for bringing cases and how that can be done.
While many states address the sale of timeshares as real property, not many are interested in resale as a place that gets statutory protection. Nevada is the exception and has four parts that are spelled out just for the attempted resale of a timeshare. Resale is especially important because it is where most of the fraud occurs. Timeshares are notoriously difficult to get out of, so many companies come along claiming to be able to resell them and just take an advance fee from owners and disappear into the ether. Nevada has a specific protection for this. Under their law resellers if they take an advance fee are required to keep 80% of that fee in an escrow account until they can sell the timeshare. If they are unable to sell it the owners are entitled to get that money back.
New Hampshire does not have a timeshare statute. It instead combines laws that govern timeshares with laws that govern condominiums. It also supplements these laws with some areas of consumer protection. All of it can be found in chapter 356 of title XXXI. Since the statute is set in a trade statute (Trade and Commerce) many of the laws focus around protecting consumers and guarding their rights. While the law might want to help you in New Hampshire it is important to have an attorney who knows timeshare law to make sure they can get those consumer protections extended to your timeshare. Call for a free consultation at (360)918-8196.
Interestingly New Jersey timeshare law is governed under their professions and occupations section. While most of the statute speaks to how to practice in a business the timeshare section is called the New Jersey Real Estate Timeshare Act and focuses mostly on property type law.
Burden on the Developer
Many timeshares are built and subsequently purchased, or rented by a major timeshare company like Hilton, or Wyndham. In New Jersey, the law is set out so that the primary burden falls on the developer of the timeshare units regardless of who does the wrong act. If the sales agent, marketing entity, or manager of the timeshare does something in violation of the statute the developer will also be on the hook for that behavior. This builds in an incentive on developers when they are building up to sell the timeshares to make sure that who they are handing it off to is not going to misuse it, or more likely scam people because they could be on the hook.
New Mexico timeshare law statute is under its property laws NM Stat § 47-11 (2019). While the timeshare statute alone is not expansive it does deem that all timeshare interest in real estate will be treated as real estate. Essentially that all of the real estate law applies to timeshares as well even outside of the specific timeshare statute.
License to Sell
Timeshare salespersons in New Mexico are all required to either be a real estate broker, or to have a specific salesperson license under New Mexico law. They also require that developers must certify the registration of the project with the state. Generally, New Mexico law is more focused on timeshares as pieces of property and their proper certification and sale. If you are trying to bring a case in New Mexico, you should have an attorney review your case to make sure that you are also getting those property protections extended to your timeshare. Call now for a free consultation (360)918-8196 and see if you case qualifies.
North Carolina’s timeshare law is housed in their real estate and licensing section 93A article 4. The statute also specifically allows the use of security law and real estate law for any sections that might not be included in the timeshare statute. It is generally trying to expand the scope of timeshares so that it gets the same kind of protections regular real estate would. It also specifically states that timeshares are to be considered real estate.
Statute of Limitations
Unfortunately, in North Carolina the timeshare statute gives a short window in which you can bring a case under its statute. Owners only get one year from the date of execution of the contract to bring actions for violation of the timeshare statute. However, because in North Carolina timeshare is specifically considered real estate even if you are outside your time to bring a claim under timeshare law you may likely still have options in the area of real estate law. In cases like this where your rights may be up to a court to interpret it is important to have an attorney who specializes in timeshare law to give you the best chance at getting out of your timeshare. Call now at 360-918-8196 for a free consultation to see if your case qualifies.
North Dakota has some of the weakest timeshare law in the US. It does not have a statute that specifically speaks to timeshare and in addition timeshare is not even included as a sub term under their subdivided land, or condominium law. However, the real estate commission is responsible for the Subdivided Lands Disposition Act and would likely extend it to apply to timeshares along with other real property law, but it is the act that most closely mirrors a timeshare interest.
Ohio has a unique way of dealing with timeshare law. For timeshares purchased where the property is in Ohio it falls under standard real estate law and there are standard restrictions on real estate agents, the property itself and consumer protection. There is condominium law in Ohio under their real property statute chapter 5311, condominium law is often insightful, but not absolute when looking at timeshare properties. It is important to have a lawyer review your case who knows how to find and apply the right laws to your situation and if needed argue on your behalf for why you should get the benefit of the most favorable Ohio property laws.
‘Foreign’ Real Estate
Ohio has a unique statute for dealing with property the foreign real estate statute. While it might sound like it applies to purchases outside of the US, it actually means any interest purchased outside of Ohio itself. This is valuable for timeshares because often the place where the timeshare is purchased is not the place where the timeshare is located. People in Ohio could purchase a sunny timeshare in Florida, or Hawaii and in these instances, it would fall under the foreign real estate statute.
Oklahoma is one of the few states that governs its timeshare laws under its securities statute. A security for purposes of the statute is basically just an investment and the laws that surround securities usually deal with making sure that they are fair and honest to the public. While the security statute does not reference timeshares by name, it is where land that is subdivided is handled and is aptly called the Oklahoma Subdivided Land Sales Code.
Oklahoma has one huge protection to purchasers of subdivided land. That is that if the purchaser never received a public offering statement in compliance with § 71-626 the purchase is voidable by the purchaser (you). Voidable does not mean void it just means that you may have a good case for getting out of your timeshare. Oklahoma gives purchasers a huge protection with this as timeshare companies often try to hide the ball with public offering statement disclosure. If you think you may have a good case in a timeshare purchase in Oklahoma, please reach out to our firm at 360-918-8196 to confirm.
Timeshare law in Oregon was set up with the specific intent of protecting purchasers of timeshares while still providing regulations enough to allow the timeshare industry to grow. They do this through their real property statute with a portion [OR Rev Stat § 94.800 (2019)] designated for ‘ timeshare estates’ as it calls them.
You Cannot Waive Your Rights
Oregon has an express provision to protect purchasers from unfair sales practices. Often sellers of timeshare interest due to their inherently fraudulent nature will try to get buyers to ‘contract out’ of any sort of defense. Basically, signing away their right to come back at the seller for scamming them. In Oregon sellers cannot waive or stipulate to waive any legal right that a purchaser has in the contract. If you are required to have 5 days to rescind the purchase and they do not give it, your contract is void.
Pennsylvania does not have a on point timeshare statute. They instead govern timeshares through the real estate commission and laws on condominium and planned community management. It is generally all held in their real and personal property title 68. Their property laws are sub divided into the different types of interest you might expect in shared land ownership, creation, management and then protection. The statute reads easily as each one of these areas of law is set into its own chapter, but all housed inside the same real and personal property title.
Rhode Island’s timeshare law falls under chapter 34-41 the Rhode Island Real Estate Time Share Act. The act hits on all the major elements of timeshare law, creation, management, coverage, report and perhaps most importantly remedies. Timeshare law in Rhode Island closely resembles standard contracts law. Instead of timeshares being treated like real estate as in most states, Rhode Island looks at them like contracts and gives many more contract defenses that are not always easy to get in real estate. A major portion of the Road Island timeshare statute is dedicated to spelling out what these defenses are and actions you may have to get out of your contract. If you think that you have a bad timeshare contract, or just want to get out of one reach out to our firm at 360-918-8196 for a free consultation.
Defense to Contracts
There are two big defenses to timeshares in Rhode Island that are not easily brought in other states. First is the defense of unconscionability of the contract. It basically means that the contract is just blatantly unfair to you in some way. This can be because the terms of the contract are obscene (like a crazy high interest rate), or because when you signed you were under too much pressure (think high pressure sales presentations). Second is a breach of warranty. There are certain promises that if they are implied to be a part of the timeshare or expressly said by the purchaser a person would believe them, they will be considered a part of it even if not in writing. If they then subsequently come back and say those promises are not real, or that they were never supposed to be a part of the contract you may have an action against them for a breach of warranty.
South Carolina timeshare law falls under their property and conveyance statute Title 27 chapter 32. It is primarily focused on the creation of timeshare plans, with subparts dedicated to foreclosure of timeshares and transactions for timeshares. Uniquely South Carolina had a history of old timeshares. Timeshares that the person actually owned a deed to a property for a specific time each year. The laws of the South Carolina statute are designed in part to transition those old-style timeshares into the newer system which is often more based on contract point plans than real property.
Unfair Sales Tactics
It is extremely common for timeshares to use harsh tactics to get people into buying timeshares. These often involve getting vacationers, or prior owners into meetings at the offer of some free stuff and then hold them there for hours until they are worn down enough to commit to buying a timeshare. South Carolina offers some timeshare protection law for this under SC Code § 27-32-110 (2019). It mostly protects users from deception, sellers are not allowed to lie about how the timeshare would work, or what types of accommodations the purchaser would get.
South Dakota timeshare law is focused in a mini statute Title 43 of Chapter 15B. Since it is short it focuses on just the general property elements of a timeshare. Like creation of a plan, how the state requires it to be inspected and generally closing on one. As such there are not a lot of protections that naturally fall in timeshare law in South Dakota. As a consumer or purchaser here, it is important to have a lawyer skilled in timeshare law to be able to support your case here where there is not much law in your favor. Contact us at 360-918-8196 for a free consultation.
Tennessee timeshare law falls under the Time-Share Act of 1981, the statute is in Tennessee property law title. Much of the statute is dedicated to consumer protection laws in the form of advertising and resale restrictions. Generally making it harder for a seller, or reseller to get money out of owners without violating at least some laws.
It has become a common practice to scam timeshare owners in alleged ‘resale’. Timeshares have a virtually non-existent resale value, so resellers will contact owners about having a buyer ‘lined up’, or just require you to pay the ‘listing fees’ in advance of the actual sale. Then they vanish without a trace and your money is gone. Tennessee has gotten wise to this type of scam along with some other states. In its statute it is illegal to require an advance fee to be paid for a timeshare resale and the contract must be in writing and tell the user that there are no guarantees for timeshare resale. Probably because they are nearly impossible to actually resell.
Texas timeshare law falls under the Texas Timeshare Act, it is under Texas property law in their Miscellaneous Shared Real Property Interest. Timeshares are just another form of shared property in the eyes of the law like condominiums or subdivided lands. Texas being no exception. Texas law focuses on the property interest of the timeshare and mostly governs its creation, cancellation, and management, with a minor carve out for consumer protection.
Deceptive Trade Practices
One segment of the timeshare statute in Texas is dedicated towards protecting consumers specifically from as it states, “Deceptive Trade Practices”. What this means in the timeshare market is mostly lies about what a timeshare is and what its interest represents. Where this is most often seen is about where they can book, what that booking includes accommodation wise and about the relative value of their timeshare. Texas hits all of these with their statute and if you feel you have been lied to about your timeshare you may have a case. Contact us at 360-918-8196 to have an attorney freely review your potential case.
Utah timeshare law is governed under the Timeshare and Camp Resort Act. Since the law extends to more than just timeshares it reads more broadly than many other state timeshare laws. It has a focus on consumer protection with some strict and harsh penalties for sellers if they violate the statute.
Under Utah law if a seller violates section 4 (selling unregistered land), or section 14 (unregistered salesperson) the purchaser can not only void the agreement but can also recover all the money they paid for it, with interest and attorneys fees. Basically, Utah’s way of saying they do not take violations here lightly. Beyond just that strict rule Utah also specifically expands its timeshare laws, so that violations of it are also considered under consumer protection law and it is possible to bring in more action against them.
Vermont does not have a timeshare law statute. However, it does have a condominium act and Vermont has generally taken a more liberal approach when applying laws to timeshares. They tend to favor consumer protection and can use various sources of law to draw from when protecting consumer interest in timeshare purchases. Because there is no law directly on point it is important to have a qualified lawyer who understands timeshare law to be able to make your strongest case. Call now at 360-918-8196 and schedule an appointment to speak to one of our timeshare attorneys 1-on-1.
Washington timeshare law is governed by The Timeshare Act and stated in Chapter 64.36 of the real property interest and conveyance title of Washington’s code. The laws read a bit complex, but they are primarily focused on what disclosures are required in timeshare purchases and what a seller cannot do.
Cannot Escape Washington Law
A unique feature of Washington’s timeshare law is that it will apply to all timeshare cases that could be brought in Washington. Regardless of how the contract reads, or where the location of the contract is for (you bought a timeshare in Cancun, but purchased it in Washington) Washington law will govern. This provision is to stop sellers from trying to get cases moved to a jurisdiction (like Florida) where the laws would be more favorable to them and easier to litigate. If you have a Washington timeshare case, it is important to have a Washington timeshare lawyer because we know how these laws will work.
West Virginia timeshare law is governed in their estates and property Article 9, under the West Virginia time-sharing act. The laws in West Virginia for timeshares are straightforward and hold a lot of what you would expect. Protections for purchasers, obtaining timeshares, selling timeshares, and generally managing the interesting.
West Virginia has a licensing requirement for all timeshare sellers. A salesperson or broker must be licensed under the Real Estate Commission to make sales of timeshares.
Wisconsin timeshare law falls under statute 707 in their property section Time-share ownership. Right from the start of the statute Wisconsin law protects consumers. It treats timeshares not only as property, but also and more likely as a contract. Expanding timeshares to include contracts give the consumer much more protection than and rights than just real property.
While there are several defenses to contracts that are not available in property law. Wisconsin focuses on some of these defenses in its statute, but likely most all contract defenses would be available. Most notably is the unconscionable defense that they list right in opening section of the law. Wisconsin creates an unconscionable contract defense. If the contract is so unreasonable that it could not possibly be enforced (which timeshares often are considering their negative value) the court can essentially void the contract. Making it unenforceable. They can also do this for specific provisions of the contract, like if an interest rate on a mortgage is obscene the courts can choose to remove that provision while keeping the contract intact.
Wyoming does not have a specific timeshare statute. There is however a statute that governs condominiums. While it is an extremely short statute it does give some insight into where Wyoming’s focus is regarding subdivided land: property. The act treats condos as real property and would likely see timeshares the same way. In states where the law is unclear it is important to have an attorney skilled in timeshare law who knows how to make your case relevant. Call today to set up a free consultation with one of our attorneys 361-918-8196.