10 Steps to Successfully Rescind Timeshare


Steps to successful timeshare rescission

If you were unfortunate enough to buy timeshare as a result of high pressure sales techniques or misrepresentation of information you do have options. Even though you have signed a legally binding contract there are protections in place for timeshare buyers that change their minds during the “cooling off” period that follows a sale. An unhappy or misdirected timeshare buyer should be able to file for a rescission of timeshare property purchased given that the following 10 steps are followed:

  1. Take time to record the details of the timeshare presentation you attended. Important features to note are: location, time of day, date, names of those present, misrepresentation of facts, and ways/instances you were pressured.
  2. Use the information you recall and have recorded to write a detailed and concise letter specifically asking for the rescission of your timeshare contract. Be sure to make a copy for yourself, your lawyer, your credit card company/bank (depending on method of payment), and the Federal Trade Commission.
  3. State in the letter that you will be contacting the timeshare resort company in two days to confirm receipt and to provide credit card info for a full refund.
  4. Mail copies of your letter to the customer service manager, sales manager, and owner of the resort/organization in question. If you do not have this information readily available you may be able to search their website for it (if they have one ) or you can call the customer service hot line provided with your purchasing information.
  5. Send your rescission request via registered mail with confirmation receipt, by email, and by fax. This assures it will be received by the desired parties.
  6. Call the customer service manager in charge two days after sending out your letter. Do not speak to anyone other than the customer service manager unless they are of a higher position in the resort/organization. Continue to call back until you are able to speak with someone with authority and at this point request a full refund, including your initial deposit.
  7. Remember to keep calm throughout this process. Be persistent, but remain polite – getting worked up or arguing will most likely delay the process.
  8. Try to stay focused on the rescission and avoid a lengthly discussion of how you feel you were wronged. Getting into such a negative discourse will tear your focus from the rescission and refund process and ultimately delay the progress.
  9. A company or resort will want your contract back once a refund and rescission is made final. Make sure to keep a copy of the contract for your records and when the contract is sent back, attach a letter stating that it is being returned on the condition of rescission.
  10. Upon resolution of your rescission, contact the authorities and anyone involved with your visit to the resort presentation.

Unsure if you are still in the timeshare rescission window? Read Timeshare Rescission Laws for Each US State to find out.

77 Responses to “10 Steps to Successfully Rescind Timeshare”

  1. Denise says:

    Well here I am feeling very disappointed in the news I’ve read. I have been having second thoughts of a timeshare I just purchased with Westgate in Miami and it seems i’m just two days out of the rescinding period. I really thought it would be something like 30days but I can just kick myself that I didn’t do this research earlier. I did look at my contract prior to the rescinding period but it states nothing about how to cancel. Since I now owe a mortgage on this timeshare it will be damn near impossible to get rid of it. I guess my only option is to pay it off and try to use it because even giving it away according to some will be hard to do. This idea of having this for life is not exciting

    • TKC... says:

      Owned 2 weeks in St. Martin at Pelican for 12 years. Due to constant decline of units and ever raising fees, both annual & special assessments in addiction to their bankrupcy. Our out was a form they had on their front desk titled Rights to Relinquish. Upon filling it out, sending it back along with original contract, FEDEX for a receipt. Our misery ended 2 years ago. NO PROBLEM MON! You had to have no monies owed upon filing. Hope This helps thousands.

  2. vhalik says:

    I know this has been discussed before, but I wanted to let everyone know the steps on doing this.

    I bought a timeshare in Colorado, and then realized that the numbers weren’t adding up from what they told me. Two days later I figured out why and decided to check state law for rescinding a contract. Here is some information for everyone, and PLEASE PASS THIS ON TO EVERYONE AND ANY FORUMS YOU COME IN CONTACT WITH LIKE THIS ONE.

    1. Read the contract BEFORE you sign and look for the paragraph that explains your rights of rescission. Hopefully it has one. They will not tell you about it in most cases.

    2. BEFORE signing any contract ASK for your rights of rescission.

    3. Know your state’s laws to rescission:
    www DOT rcivip DOT com/timeshare-rescission-period-in-us/
    Go to your attorney general’s website and look for the information. Here is what I used for Colorado:
    www DOT coloradoattorneygeneral DOT gov/initiatives/consumer_resource_guide/common_legal_questions#contract_cancel

    4. Write a formal rescission letter:
    www DOT timesharescam DOT com/blog/94-sample-timeshare-cancellation-letter/

    5. In your rescission letter include the contract number, your name used to sign contract, amount of money originally paid, and amount to be refunded.

    6. DO NOT, I repeat DO NOT fax, email or call to cancel your contract. PLEASE use certified mail AND/OR telegram. I used both for CYA. If done within the time frame it cannot be disputed in court. It is binding. Keep your receipts for the certified mail and telegram. I make sure that the certified mail has tracking and it must be signed for. With the telegram, I specifically use same day hand delivery. Check your contract. The contract will state (hopefully) which address the telegram or certified mail should be sent to.

    7. You may call to confirm that the telegram or certified mail has been received.

    When spending that kind of money always know your rights. That is a lot of money to be playing around with. Ask questions and ask them again. Go with your gut. If in doubt walk away. Do not be afraid they can’t hurt you, what is the worst they can do? I don’t know how many other different ways I can say the same thing to you. Know your rights.

  3. [...] contracts that have a rescind period; timeshares do as well. Each state sets their own rules on the rescind period for timeshares, so if you got caught up in a timeshare presentation and would like to get out of your contract, [...]

    • bill says:

      the problem with timeshares is that they want you to keep paying forever, and have collections people who lie about the rights and responsibilities.

      if timeshares hires collections agents, they should be branded as just as disreputable as the collections agents.

      If they want to have supporters, they need a clear plan for those who no longer want the week.

  4. Dey says:

    My 90 minute presentation with Silverleaf turned into 7 hours. I finally signed just to leave. I was hungry, tired and wanted to go home. after I got home and read the packet, I realized they signed me up for a timeshare in Illinois. I live in Texas and was told I could use my week at any Silverleaf resort. I am still within my 5 day recind period however, who do I send the certified letters to?? He Dallas office that I went to the presentation at or the Illinois resort they signed me up for? Or both? Any suggestions are appreciated.

    • J L S says:

      I personally would send an official copy by certified mail, UPS or FeEx to any known addresses of the time share.

      I fell through the cracks. ‘They’ said I did not notify the right people on time – after I was sent on a wild goose chase!

      Keep a time stamped or a legal copy of everything. I wish I had taken a dated photo of the letter, of myself mailing it and the staff at the PO cancelling the letter.

  5. Glittebep says:

    I read this forum since 2 week and I want to register and say hi to everyone

  6. Patricia Vatta says:

    My husband and I bought a timeshare on March 12th. On March 13th we went back to the resort conference centre and spoke to the salesman we bought from. I wanted to cancel the sale because we felt there was misrepresentation of the facts. However, my husband did not help me follow through at that time. Now the 7 days of ‘cooling off’ are over and he agrees that we should have sent a registered letter and rescinded. Is there any point to sending a registered letter now?
    We were 5 1/2 hours at the presentation and our daughter-in-law was waiting for us to return so all we wanted was to get out of there, a card for owners giving us discounts was misrepresented, our ‘free’ week won’t start for a year because it is week 11 which was just over for 2012. We were told we were buying a week someone else had paid part of and they had to take it back so all we had to do was pay the balance. We are retired and find medical insurance out of country (Canada) more and more expensive. Is there anything we can do.

  7. susannabanna says:

    My parents gave us a timeshare about 15 years ago. We’ve never been able to use it as the week we desired to use it was always unavailable. My parents told me that is was a valuable asset and that Palm Springs was building casinos and we could sell it if we wanted. Well, the casino’s never happened, maintenance fees went up yearly, and we stopped calling for a vacation week. We have never used it. Anyone have any ideas how to deed it back? Selling is not an option, it’s not worth squat. I’d give it away if someone would take it! I had it listed on Craig’s list for free for 2 years! Guess everyone is a lot smarter than we were. Now it’s in collections. I’m considering sending the collections agency a quit claim deed on it, ’cause that’s about all I have to give ‘em! Any one else in this boat?

    • nikki says:

      Susanna,
      How long have you been in collections?
      And, what exactly is a “quit Claim deed”?

      I am about to let mine go into collections because I’m tired of the maintenance fees every year and never using the timeshare for the same reasons you stated.
      (Have you read my posts?)

      I think we time share owners who are unsatisfied, and have paid the mortgage in full, and want out, should be able to get out simply by giving it back to the resort. However, as of now- this is impossible. Once they got you- it so hard to get out should your situation change. I cannot even sell mine for 1000 on craigslist!

      Solutions anyone!!!

      Can a “quit Claim deed” work???
      How do you get one?

      • nikki says:

        Susanna, I did some research….

        How long have you been in collections?
        A Quit claim deed: http://en.wikipedia.org/wiki/Quitclaim_deed

        is where ” The owner/grantor terminates (“quits”) his right and claim to the property, thereby allowing claim to transfer to the recipient/grantee.”

        That is what your parents probably did when they gave the time share to you. It will not release you from it, as it is passed on to who? your family member? Unless you have someone who really wants this- then this would be like giving someone a white elephant!

        1. Call the resort. If all units are sold, they may take yours back to re-sell.
        2. Give it away.. however, you will still need to transfer the deed and that costs legal fees. Plus they will not transfer if the account is in default, or arrears. \
        3. Sell it for the amount just to get it out of default and the legal fees. (good luck with finding a buyer)
        4. pay up arrears and rent it out through a reputable site (I dont know any- does ANYONE? please advise)

        Let it die.
        According to other posters, they can only go after you so long.
        I ask, please for the sake of all on this blog, how long has yours been in default of maintenance fee payments?
        What happened? How was interest compounded?
        Are they threatening you? How has it affected your credit rating?

        Your details are greatly appreciated!

        I think we time share owners who are unsatisfied, and have paid the mortgage in full, and want out, should be able to get out simply by giving it back to the resort. But what I want isn’t as easily done then said!

        Solutions, ideas??? …. Anyone!!!??

  8. Dominic says:

    I contacted the Attorney General’s Office in my state of MA and the state,
    NH, where we got sucked into this timeshare thing. I told them how they
    lured us up there and told us it was a 90 min. presentation that turned into
    5 hrs. How I asked them when they first called if this was about a
    timeshare and they said no, we just want you to come up and look at the
    place, you may want to have a function sometime. They had great “free”
    tickets to give to us and a “free” vacation and money voucher. Both AG
    offices said they couldn’t help us! So much for the AG and consumer
    protection!

  9. JS says:

    I recommend anyone in a misrepresentation/fraudulent boat of timeshares to contact their consumer protection agency in their state and also the BBB. If necessary, hire private counsel. Document everything they frauded/scammed you on. If you just bought one of these, do this immediately. Do not use the points (if you are even able). A lot of consumer protection agencies are on the web and you need to locate the applicable statute of your state (on consumer website) and find where the company has gone against your state statute on timeshares. This is the only way you are going to get anywhere. Now if you have had your timeshare for years and used it etc, well that could be another story. Not sure how that case would play out. But I would still recommend reporting it to the consumer protection agency in your state. Everyone needs to stand up and do this who are not happy with how they have been misled/misrepresented/scammed or defrauded.

    • J L S says:

      Would a class action suit work?

    • NJH says:

      I’m also in Massachusetts. I will need to contact the Consumer Protection Agency as well as an attorny… i don’t know what else to do.

      While trying to relax with my mom on her 79th birthday at one resort in the Bahamas, a solicitor is walking up to everyone on the beach from Paradise island (being shooed away by resort guards) aking if they’d like a free tour of their aquarium, free breakfast, casino use, etc….

      Ninety minutes turned into all day long and when we arrived, they had everyone ‘flash’ their credit card (just to prove they had one). Some people were smart enough to walk off sceptical at this point. I wish we were one of them.

      The word ‘Timeshare’ was never mentioned during this whole ‘tour’ and I thought the payments were a fixed monthly fee (come to find out it’s a mortgage) when speaking to their customer service in VA… They just called me here at work saying I need to pay SPC and maintenance fees and talking about special assessments. None of this was discussed in the presentation. Legal action was even brought up (on their end) after I asked how I could get out of this contract. So upsetting!

  10. [...] contributor to our website, Nikki, left the following commentregarding an email she received from Property Donation [...]

  11. Nikki says:

    It’s not just Wyndham- it’s everywhere.

    The problem is there are loop-holes these Timeshare companies fall into.
    They are selling a product, and its buyer beware.

    I hate to say it- but those of us who after buying decide its not the best purchase for our budget/lifestyle/value etc… we’re stuck with it. We made a bad decision.

    I am trying to sell my timeshare now on Craigslist for 1000.00
    I paid 12,000 for it.
    Put in over 5,000 in maintenance fees.
    took 4 vacations on it.
    Have 4 weeks “banked” …
    My Resort will not even take it back at no cost to re-sell it!

    I’m in a losing situation here.
    Im almost ready to give it away on Craigslist for FREE.
    (trying to sell it now for $1000)
    But, if I don’t keep up my maintenance fees, then I cant even transfer the title to anyone it because it’s in default!

    I wonder how many hundreds of people are in the same boat as me??

    Its a sickening thing.

  12. JS says:

    I am in the same boat here. Purchased in June, total scam, not receiving what we paid for at all and now trying to fight it through local state agency. Hoping I don’t have to hire an attorney. It is through Wyndham. Why don’t we ban together and start a class action against Wyndham? We are all talking but no one is acting and we are all victims of a serious scam.

    • Al says:

      Was there a couple weeks ago. Tempest the original management firm went bankrupt. Diamond resort owns it now. They said we have lost the ability to get discounts with Wyndam Hotel Chains and our flexible week will be going soon so we need to switch to Diamond new point system ….research shows it is worse. They have raised our maintenance from $600you to $1000 and want us to kepp pur ibligation while they keep stripping theirs by transfering ownership. Classic bait and switch. Maybe an attorney in FL will take on a class action project…

      • Tammy says:

        Please lend more insight. I just bought the timeshare last week. How did you learn of these changes, as the changes were not presented to us last week.

        • Al says:

          Tammy, you might want to recind that and have mine for free with maintenance paid for next two years. It’s a lockout unit 3 BR…interested. get your money back. I cannot use it because I cannot transfer and use in Asia like it was first sold to me. So it is useless.

          • Tammy says:

            Wish I could. I guess I only had five days to recind. I was on a trip at the time so my window of opportunity was past by the time I got home to look at the packet.

  13. Nikki says:

    There are two types of issues we are discussing:
    Those who just bought a timeshare and trying to rescind on it before the allowable contract rescind time period is up. (usually 30 days)
    And those who own timeshares for many years and cannot get rid of them.
    I think this blog deals mostly with the former

    Has ANYONE any advice on how to get rid of a timeshare? and if you do not pay the maintenance fees what happens? They say it will affect your credit score.

    I am tired of talking to “buy your timeshare” companies- because they all want you to pay them the commission before they sell it. You wouldn’t do that to sell your home, car or anything else. Why a time share? Because its a SCAM.

    Nikki

    • bill says:

      yes, it can affect your credit score if a collection agency (those guys that call you and lie to you and berate you) files a collection activity on your file. This shows up as a negative comment, and can lower you credit score 100-200 points.

      But once they have filed the collection activity, why should you pay anything since it cannot be removed for 7 tears? It is similar to a trade dispute when a lein is filed. You have to explain it if you apply for a mortgage

      • mmlmairmodifyit says:

        So, what Bill is saying is… if you don’t pay, you go to collections and get a bad credit score, but not pay the timeshare afterwards and deal with the 7 year scar?

        I like that idea if I don’t mind the 7 years. I think I’ll give it on to someone (for free) who a bit older and don’t mind dealing with the 7 year scar, someone who doesn’t care about credit.

        • Nikki says:

          But you cannot just “give” it away- you have to do a land transfer tax fee ( at least here in Canada you do.
          It costs about 650.00 to transfer it to another person.
          My maintenance fees are $950.00 per year! (RIP OFF).

          Look at the e-mail I got back from a company called
          Property Donation Group

          “Thank you kindly for submitting your interest in donating your Carriage Hills timeshare. Our specialists have reviewed your resort details and have determined that we are not able to accept the timeshare under a no cost donation program. If one of our sponsored charities actually expressed a desire to accept this timeshare as a donation then there would be absolutely no cost at all. Charities are accepting less and less timeshares as time passes. We do offer another unique service that your timeshare would certainly qualify for which is the Guaranteed Transfer Program, where the timeshare will be deeded completely out of your name and right over to one of our contracted timeshare acceptance companies who have already agreed to accept your timeshare with our plan. The transfers are typically completed within approximately 1-10 weeks. We aren’t a timeshare resale advertising company, listing service or consignment company and this transfer doesn’t hinge on your timeshare actually being re-sold like our industry peers nor do we promise to sell your property at unrealistic “ballooned” prices. We do not make false promises that the market is “hot” and there are buyers waiting for your property. The entire fee for this exit program would be only $900.00 with no hidden fees which fully covers all title closing, resort transfer fee (Up to $300), county recording fees, etc,., With this you will completely relinquish all of your unwanted ownership responsibilities and maintenance fees forever. This fee is not a commission and is to paid when the closing and transfer begins.

          Your maintenance fees do need to be up to date in order to insure a smooth and timely title transfer. This is the standard for all companies in the field. You will in turn be able to keep the 2012 use for your own personal use. This can make a nice gift for someone if you can’t use it for yourself.

          Property Donation Group, is not a charity however we are a socially conscious for profit company. The charity of your choosing will benefit nicely from your relinquishment transaction with a cash proceeds donation that should qualify for a tax deduction.The IRS requires that any deductions over $5,000 require a professional appraisal. Legitimate Appraisals are very hard to come by. If you would like too try to claim more than $5,000 you can employ our licensed broker for a “Comparative Market Analysis” at your request. We highly advise that you always consult your tax professional for deduction advice before making any tax deductions. Standard comparative market analysis appraisal approaches can be questionable for timeshare especially since there is currently no “Bluebook” for timeshares. We have even seen news online about one of our largest competitors, Donate For A Cause has even previously circulated completely erroneous info regarding tax deductions for donated timeshares (in truth, the tax deduction is exactly ZERO if the market value of the “donation” is also effectively ZERO). In all fairness, however, they seem now to have ceased distributing (and have removed from the Internet) their previous completely false and incorrect tax deduction information. If you look us up with the BBB you will find that we have a “B” Rating and “0″ Complaints. Once you have agreed to move forward with our offer, we submit all of the necessary paperwork to our timeshare title and escrow agency who are a licensed, bonded, under-written and insured full service title agency to complete the secure transfer and recording of your complete timeshare interest.

          Please respond directly to this email thread by hitting the reply button or call us directly at [Number Rescinded] and let us know if you have any questions or would like to go ahead and move forward to get the closing and transfer paperwork started for you. We can also give you some client referrals to speak to if you like. Thanks again.

          Ron “Rocky” Singleton
          Transfer Coordinator
          [Number Rescinded]

          what are your thoughts Bill?
          Nice to have someone to discuss this!

  14. Lito says:

    I have paid a lot in time share. mine is mystic dune. i stopped paying it as when i first used it. we were not given the righr room, and the room has cockroaches.

    that time on, i prefer to stop paying it. i sent an email of complaint but nobody is replying. they only get my attention when i stop paying.

    is there any legal way to cancel my contract due to unavailability of funds.

  15. mmlmairmodifyit says:

    mail it. certified. … if it’s not too late.

  16. mokeybusiness says:

    Does anyone know their email address for customer service.

  17. mokeybusiness says:

    So, recently i signed up for a timeshare plan. Lucky me, i read the contract and found out in time that this is a scam. Still within my rescission period; so, i tried call, sent registered mails to the sale office, contract department in Las vegas, and owners relation in Florida. Anyway, I talked to one of the representative on the phone, and she gave me a fax number, and told me that i could fax the notice, which i wasn’t so sure of, because the contract didn’t mention anything about faxing. I tried to fax many times, but did it didn’t go through; the line either busy or no answer. I tried to call in the next morning to ask for another fax number, put a lady told me that they received the fax notice and the cancellation is in process, which surprise me. I ask her to email me a confirmation, but she said she can’t do that. Should I trust her at this point?? Is there anything I can do to make sure the cancellation is underway??

    • bill says:

      If you sent the registered letter with return receipt within the recission period, you should be fine. You need the receipt to prove that you sent it in case they say they did not receive it.

  18. Nikki says:

    I am in the same boat- bought a Carriage HIlls Tmeshare in 2001- paid it in full- and now due to a divorce am left with it to look after- and I cannot afford the high maintenance fees anymore. Each year I pay the fee- and never take a vacation because I cannot afford it.
    I cannot sell it – Im asking for 2000 on craigslist and never get a bite!
    I have heard of companies that YOU have to pay to sell it for you!!! Crazy.
    I called the resort and they will not buy it back until all the units are sold for every week- and they are only at 60%… it will be years before its sold.
    I do not know what to do- Im thinking of giving it away to some “charity” I see online- but think that is a scam too.
    Im fed up and don’t know what to do anymore.
    I have heard there is a new Canadian Law that states that Timeshare companies HAVE to buy the timeshare back if we no longer want it. At Canadian resorts only.
    Does anyone know anything about such a law?
    Has anyone any advice?

    I think FAR TOO MANY of us have been scammed into lifelong commitments we cannot escape.

    Help…?

    Nikki

    • bill says:

      almost none of our timeshares will be accepted for charity. They have tried selling the weeks that no one will buy, and they only accept places and times that they know they can sell.

      unless you own a july week at the beach or a february week at a ski lodge, you are probably out of luck as a contribution

      • marie says:

        What about points? We have 58,000 points per year they can be used almost anytime and just about anyplace

        • mmlmairmodifyit says:

          I have points collected as well. I do these:
          1. rsvp a week and try to sell it. if it doesn’t sell, cancel the week and add up your points to:
          2. add up 2-3 years of points and go on a really nice vacation with other families that will help out with the costs.

          I feel stuck with it, but I have to make the best of it. life goes on.

    • mmlmairmodifyit says:

      hi Nikki,
      It’s sad. I know.
      It’s sad for me to say this. You’ll either have to give it away (if someone even wants that responsibility and you would have to pay for the admin. processing), or hand it over to an elderly person that you know, “beyond their years,” and are able to continue using the timeshare (but you’ll have to pay the maintenance fee)… Once they pass away (I know it’s even sad to think of it), the timeshare company cannot collect.

    • marie says:

      We were scammed too and we want out but don’t know how to get out. I wrote to AG office and explained how we were deceived, lied and high pressured into this thing. We can not afford it either, we would take the loss and donate it, but as you said that can be a scam too…..If you’ve found any help….I’d appreciate knowing how to get out.

      Thanks

      • Nikki says:

        Well-all condolances are appreciated- but it doesnt fix the problem. The maintenance fees are getting more and more expensive each year. I can find a inclusive resort trip with flight for less han the price of the maintenance fee.
        There must be hundreds- no- thousands!! of people like me out there.
        These time share groups are a life long commitment- locking you in. When you sign up after the high pressure emotional sales pitch, they dont tell you about how you cannot rescind in case of financial dificulty or if you just want out.
        Think of how much money they make on each of our maintenance fees. there is an owner for each week of the year- thats 52 owners x say 400 units = 20,800 owners for a typical resort as is my case $900.00 maintenance fees a year. = 187,200.00 /year!!!!!
        pretty sweet- FOR THEM- maintenance fees alone.

        Has anyone heard a successful sell story- has anyone been able to get rid of their unwanted t/s??
        We need help/advice.

        • Shari says:

          I too am an owner at Carriage Hills/Ridge in Barrie — have you found a way out of your contract yet? Would be interested in any information you’ve found out and/or willing to start a Class Action with you and any other interested parties.

          • Alan says:

            Sad, the whole timeshare business has become nothing but a scam…Even when you try to get out, you are dealing with scammers that prey on your emotions to get rid of the timeshare. You are not alone…I too am a Carriage Ridge owner and am comtemplating how to get rid of it.

  19. Janet says:

    Anyone who is past the “cooling down” time period in which they can legally recind the contract, should consider filing as many complaints and contacting as many authorities as possible.

    To start, contact the Better Business Bureau in the state you made the purchase, as well as your local BBB, and file complaints in both. Next, I would recommend you send a copy of your complaint to the Attorney General’s office, both in their state, as well as your own. The BBB sites usually also provide you with information on other state and federal agencies you can contact, and sometimes, will help arbitrate your case for you.

    Government agencies, like everyone else, have budget restrictions they have to work within, and often simply don’t have the resources to investigate every single complaint they receive. They keep them all on file though, and when and if they receive enough similar complaints against a company, particularly where misrepresentation and deception is concerned, then they’ll consider taking action.

    In most states, the Attorney General Office is the agency which is usually in charge of investigating, and pursuing legal action against companies, in particular, where deception, misrepresentation, and/or fraud has been alleged. State Attorney Generals also have considerable power and “legal muscle” to prosecute, fine, and even ban abusive companies from conducting business in their state. So even if they don’t act on your complaint immediately, don’t give up. Quite often they’re just waiting for more complaints, to strengthen their case before prosecuting abusive companies.

    You might also consider performing a google search of the timeshare company, to see whether there are any class-action lawsuits pending against them, and add your name to the complaint, or seeing about getting enough others to start a class-action lawsuit. Attorneys who take on class action lawsuits usually do so on a “contingency” basis, meaning they only get paid if they win, and their fees come out of the settlement. So win or lose, these lawsuits usually don’t cost the individual “class action members” anything at all.

    If you simply decide to stop paying and let them foreclose on the timeshare, aside from reporting the default to the credit bureaus (and ruining your credit rating), they may also decide to sue you for the balance due. If they win (and they will) they may be able to garnish your wages, or even go after certain assets (depending on collection laws in your state.) Before you just decide to stop paying and letting the property go into foreclosure, at least study the law in your state regarding what recourse they might be able to file against you, and I highly recommend seeking legal advice first.

    You might also want to post your story on complaint sites such as “the rip off report” but be very careful what you say and don’t make any allegations that could open you to a slander suit, meaning that if you think the company consists of nothing but low life scum bags, make sure you state it as an opinion, not as a0 fact (ie., In my OPINION, every single person in that company is a slithering snake.)

  20. Steve K says:

    i bought a unit at Mystic Dunes about 3 years ago. during the presentation i kept refusing and refusing but the marketing and sales pressure eventually won out on me. However, the sales rep made several statements to me during the presentation that I have later found out to be totally false. One of the biggest fine print is this whole Interval membership that i have to maintain in order to bank or exchange. Another was a question that i kept asking about if i ever decide i need to get out of the deal, she told me that Mystic Dunes will repurchase the unit because the resale potential is always so high for that resort. Of course, when i called to indicate i wish to resell, they pretend they are clueless to what i am talking about and that i have to sell on my own. I am contemplating just stopping the payments and let them foreclose if they want. Do i have any other options here?

  21. Nick Smith says:

    My wife and I got sucked into a similar situation at the Grandview resort in Las Vegas. There were two salesmen who were with us and we saw a lot of other couples, around 50 or more. We ended up signing the contract but I had read the revocation clause by then (you have to revoke within 5 days as per Nevada law). I’ve faxed a copy of my revocation form to the verification officer in Las Vegas and Fedex’ed overnight the contract and the revocation form to the address mentioned in the form.. Eldorado Development Corp in Ft. Lauderdale, Florida. I also called my bank to dispute the credit card charge and we’ll see what happens. This has been a life learning lesson and we just should have said a firm “No!” in the first place. Thank you all for writing about your experiences and sharing your stories. Great article, Mandie. It helped us a lot to revoke the contract on our timeshare.

  22. Dennis says:

    Purchased a timeshare at Island Seas Resorts in the Bahamas in Jamaica on my honeymoon.We were served Bahama Mamas before signing the contract and were highly intoxicated before signing the contract. (provided by the company) We could not remember any of the information discussed on the contract or the rescend date. After returning to the states are reading the contract we decided that we did not want to do this, however we only had 7 days to rescend and time had expired. We contacted the ccompany and told them that we did not want this timeshare any more with now luck. What can we do now, 4 months later into the contract?

    • MModi says:

      I am in the same boat as Dennis. I bought Wyndham in 12-20-10 and today, (1-26-11) after getting over the flu and surgery, did the researching and a lot of the info the sales agent told me were not true/ lies/ upsides/ etc. I called my AMEX to cancel the charges and dispute them, but I don’t think that’s going anywhere. If you’re reading this Dennis, email me so we can communicate our stories. I was thinking of writing a letter to the BBB on their tactics… or our local TV station “7 on your side.”

      • Donna says:

        I bought an RCI timeshare 6 months back.. I was duped. They promised me that there were multiple locations that were pet-friendly, a point I stressed frequently. FALSE. How the heck can I get rid of this timeshare and hopefully get some of the money back???? Any luck?

        • JS says:

          Report it to the consumer protection agency in your state. Also look at private counsel. That is what I am doing and gosh darn it, I am going to win this weather they like it or not. I tried working with them and they wouldn’t budge. I even told them I would take this to the fullest extent of the law. They are used to screwing with the little guy. You really have to get your ducks in a row, make a timeline with dates, names, times anything you have. Find your state statutory laws on timeshares (usually can be found on consumer protection website for your state) and file a complaint. If that takes too long or you are not getting anywhere, find an attorney in your state that handles timeshare fraud/misrepresentation. A lot of times they won’t even require a retainer and they will make the corporation pay for their fees. That is what I am doing.

  23. rose says:

    Im sure you'll have it back.

  24. ralph says:

    I bought into a whyndham timeshare in vegas on sat june 26 ,,,, had a bad feeling about the whole thing so i went back the next day and returned the info package and signed a recinding document. they still have my $5000. deposit and said it will be returned to me within 15 days. have I done everything i need to do ,,,,very concerned,,please reply Ralph

    • Heathet says:

      did you get it back?

      • JS says:

        Good thing you did that b/c I am now getting ready to hire private counsel to get my money back and am also working with consumer protection agency. I will win my money back as I am paying for nothing at this point. Good luck though, they will screw with you and won’t help you.

  25. LVdiva says:

    For those who are unhappy with their weeks or points in a timeshare: many timeshare resorts will allow you to deed them back to the resort. If you're not already on it, go to the timeshare user's group (google tug timeshare) and you'll find related posts all about doing that or just post your own questions about how to (and how NOT to) unload your unwanted timeshares.

    Some people even sell their TS or points for $1 plus the closing costs and transfer fees. No, you are not being recompensed but if you're not going to use your vacation ownership anymore, then at least you are not stuck paying maintenance fees for the rest of your life, for something you don't use.

    I know people who have weeks and rent them out; again, you may not get a lot but probably more than your annual maintenance fee.

  26. Chetan says:

    Yikes! I am glad I found this posting. On Sunday (4 days back), I signed up for a 1 BR timeshare with 49000 points and 2 bonus weeks for $14400 total cost. Maintenance fee of $338 and $199 for RCI the first year ($124 after that). I am from California and I think it is 7 days cancellation period as per state law. And I need to send my revocation within the 7 days. Not necessary they have to receive it within 7 days.

    I faxed my revocation to the Verifications Officer yesterday and today I am going to send a certified mail by priority mail service.

    I am going to follow this article and make sure I get my advance back. Will post an update here. Thanks.

  27. Kathy says:

    I also have timeshare with Shell Vacations and am trying to find a way out. I purchased December 08 and have yet to use my points. I was not told that the points expire and the salesperson misrepresented all the facts. Anyone try one of those timeshare advocacy companies that guarantee they will get you out of contract but charge $2500 upfront fee?

  28. Amy says:

    Hi Moonyeen, I am in the same boat. Just bought 2500 points/year this past November. I was told this would get me two weeks of vacation a year. It doesn't even get me one week! There were so many things we were told that just aren't true. It makes me sick to know I am paying almost $12k for this.

  29. Moonyeen says:

    I have Shell Vacation points. The vacation package is a ripoff. How can I get out of this contract? Anybody out there who's got SVC points and also shares my plight? Thanks!

  30. Milena says:

    If you have more people complaint about the same thing, like us do it, get emails and get lawyer, our time share is Orange Lake REsort and we are already 16 so it is a good number for star a class action, you do the same thing go online get the websites that have comments about the resort that you own and you be surprise people get back to you, trust me we are now 16 and the list probably is going to get bigger ang bigger, Check in google about how to win a class action they give the tools. Good Luck.

  31. Melham says:

    Jim,

    I will e-mail you…include me ..How about the rest? Lets start this..

  32. Milena says:

    I would love to do but our time share is Orange Lake Resort, I wish we all together from differents time shares resort written a masive letter to the general attorney, copy to consumer protection and also others organizacion to advice them regard to this problem in this way the stop these companies  to rip peoples money. Trusme it is alot people out there in the same situacion us we do looking for hope to this problem. 

  33. andy says:

    i agree we are looking to get out of this as well

  34. Jim says:

    I have been an owner for over 13 years (Fairfield now Wyndham property in St. Thomas) and have come to detest the timeshare process. I am wondering if there is a way for me to get out of the contract at this point. It is unbelievable how much I am paying now for maintenance dues. I believe we started paying somewhere in the neighborhood of $325 a year and not we are forced to pay $880. So much for capping the cost of vacation! I'm thinking this whole scam is fertile soil for a lawsuit. I suspect there are lots of folks who were sold a bill of goods and would love the opportunity to get out from underneath this usurious scheme. I'm going to initiate a campaign to level the playing field. If you're interested in joining the fight please fell free to reach out. (jgreenly@surewest.net)

  35. [...] Share Purchase.”  If you fall within the window of legal rescission, see the following post – 10 Steps to Successfully Rescind Your Timeshare – for detailed instructions on how you can complete the timeshare deed cancellation and rescission [...]

  36. Rajat Tiwari says:

    Hi,

    I too was coaxed into purchasing a timeshare by Silverleaf resorts at Sheridan, Illinois. I was already regretting my purchase while walking back to the car.

    Once back I did intensive research and learnt about rescining. It is 5 days in Illinois and this is a federal right even if not mentioned in the contract. In my case it was mentioned. If it is not NOTE you can rescind even after years as per the federal law because company failed to notify you about your right to rescind.

    I sent a very plain CERTIFIED LETTER WITH RETURN RECEIPT specifying deed number and saying I want to rescind.

    Got my money back in a months time.

    If you rescind in time you are very safe or else you will never be able to get rid of it unless you have lot of luck.

  37. jake says:

    I bought Mayan Resort in Mexico yesterday, Apr 7. If I rescind with in 5 days, can I reasonably expect to get the deposit back?

  38. TimeshareRevealed.co says:

    p.s. i purchased my timeshare from Point To Point Destinations (West Coast Timeshare, ptp destinations, ptpdestinations.com)

    what a disaster my purchase was!

    http://www.TimeshareRevealed.com

  39. TimeshareRevealed.co says:

    Every state in the US or province in Canada have slightly different laws under which rescission rights are different. If you qualify for a rescission then you do not need to do all the dancing around as described in the letter. You need to do one simple thing – serve the timeshare company with a letter requesting a rescission. The letter should be sent within the rescission period by registered mail. (does not matter when they receive it). The letter must be sent to the address provided in the contract as the address of service. If time is running out, as an alternative you can take your letter in person to the company, bring 2 copies, leave one with them and ask them to sign your copy with the date, full name of the person who accepted it (in easy to read, print letters) and make that person sign it inder where it says RECEIVED on [DATE] BY [NAME] of [TIMESHARE COMPANY NAME], you can also add "at [TIME]". and signature under it.

    That is ALL you need if you do qualify for a rescission. If you are not getting your full refund in 15 days (different in each state/province) they are going to be in a lot of trouble and you can almost automatically win it in court and couse them a lot more trouble than just returning your money back. If you served the rescission letter right and in time, you are safe. YOu may need a lawyer though to push it further.

    If you don't quialify for a rescission because of taking action too late, then the advice above is useless because no matter what, you are facing an uphill battle and even though you will need all the facts above, you are unlikely to get anything from the company unless you find other witnesses and go to court for misrepresentation.

    I am in the process of doing exactly that.

    Check my web site:

    http://www.TimeshareRevealed.com

  40. mandie says:

    I am not too familiar with Wyndham timeshare (maybe someone else here can be more knowledgeable), but you will need to contact the company directly – not just the resort where the timeshare was purchased. Make sure you have copies of everything you sent, are able to document exactly when the paperworks were received and you have a copy of your contract in hand. You need to make sure you have ample proof that these documents were indeed received by the intended parties, otherwise the timeshare company does have grounds to say that no rescission ever took place. This is why it is so important to send everything by certified mail and get confirmation faxes. If reasoning with them does not work, you may want to take legal action – there are attorneys that specialize in Real Estate law, and more specifically, timeshares.

    Three other things to keep in mind –
    1) If you stop paying the timeshare it will go into collections and Wyndham has the option to report it to the IRS, which will reflect negatively on your credit score. It will not look as bad as foreclosing on a house, but it is real estate and will appear on your credit report in a similar manner.
    2) Contact the Better Business Bureau where the timeshare is located. Let them know your experience and file a complaint with them; sometimes the BBB will even help you obtain legal counsel.
    3) If you absolutely can not recoup any of the cash you spent you may want to try your hand at renting out the weeks to cover your expenses, at least you will break even this way.

    Sorry I do not have better news for you, but unfortunately the timesharing system is created this way on purpose – to make the salesman rich, and make sure the owners have no easy way of getting out.

  41. GlobalTravGal says:

    Rescinded Wyndham timeshare within 10 days by certifed letter,email,fax, and also dropped off briefcase and copy of contract along with letter at front desk of resort where I was strongarmed into purchasing. This was done Oct2007 and I've yet to see any refund, only demands for monthly payments and daily harrassing phone calls. Any and all advice would be greatly appreciated as I really need to get this refund so that I can help out my folks with their primary mortgage. Thanks

  42. Christina says:

    It's unfortunate that people get sucked into these kind of overhand pressure tactics when looking to buy timeshares.

    These are ten excellent tips on how to redeem yourself if you acquired timeshare without fully undersatanding the ramifications.

Post a New Comment

Notify me of followup comments via e-mail.

Or subscribe without commenting.