California Timeshare Cancellation Laws
Purchasing a timeshare is a big decision and it’s important to understand what protections are afforded to you by the law. It should be no surprise that The Golden State is home to a huge number of timeshares, nor should it be a surprise that California has ample consumer protections laws protecting timeshare purchasers including the The Vacation Ownership and Time-Share Act of 2004. If you are a victim of fraud, misrepresentation, or high-pressure sales tactics, our teams’ experience with California law allows us to cancel your timeshare contract legally and permanently without negatively impacting your credit.
If you have purchased or are getting ready to purchase a timeshare in California, you need to at least know the answers to the following questions:
- What is the timeshare cancellation period in California?
- What kind of laws does California have for timeshare purchasers?
- What happens if I stop making my timeshare mortgage payments?
- What happens if I do not pay my maintenance or assessment fees?
- How do I get out of a timeshare purchase in California?
California Timeshare Cancellation Period
When you buy a timeshare there is a timeframe in which you may easily cancel the purchase known as the cancellation period or the rescission period. The timeshare cancellation period in California is 7 calendar days from the day you sign the contract or the day you receive the Public Offering Statement, whichever is later. This right to cancel may not be waived.
Cancelling the purchase is done by sending a notice of cancellation via mail, fax, or hand delivery. If sent via US mail, the notice is assumed given on the date postmarked. If sent via fax the notice is assumed given on the date of a confirmed transmission. If sent by other means of delivery, the notice is considered given at delivery. We do recommend that you send your notice of cancellation via certified mail so that you have proof.
In California, the timeshare seller is even required to include a partially filled notice of cancellation along with the Public Offering Statement and an explanation of your right to cancel.
If you are still within the cancellation period, don’t waste any more time! Right now it’s as easy as sending the company a letter. So, if you are having regrets, don’t let this opportunity pass.
If the cancellation period has already passed, our team is standing by ready to help. Grab your timeshare paperwork and call or click now to get your questions answered and schedule a free consultation.
Fraud & Misrepresentation in California
California law explicitly prohibits many types of misrepresentations made by salespeople and advertising material. Even though these tactics are forbidden by law, as many of our clients have experienced, the salespeople still do sometimes disregard the law to make a quick buck. If you think you may be a victim of this kind of fraudulent misrepresentation don’t feel bad – it’s not because you are ‘stupid’ or ‘gullible.’ These sales people are master manipulators and will play on your emotions, not appeal to your senses.
Sellers are prohibited from from making any written or oral statement that shall:
These specific provisions regarding timeshare sales combined with California’s other consumer protections are key to our strategy. As we can see, California timeshare law is pretty clear when it comes to misrepresentation of the facts or the use of high pressure sales tactics. If you think that you might be a victim of misrepresentation our team is ready to get you out. Grab your timeshare paperwork and give us a call for your free consultation. The law, and our team of experts & attorneys, are on your side.
California Timeshare Foreclosures
Typically, timeshare purchases in California are financed through a mortgage on the ownership. Failure to make your timeshare mortgage payments will result in a foreclosure. Failure to pay maintenance fees, special assessments, or ad valorem taxes may also result in foreclosure; though in our experience timeshare companies are more interested in hounding owners for outstanding maintenance fees rather than foreclosing, though they will foreclose eventually.
In California, foreclosures on timeshare mortgages are can be either judicial or nonjudicial. Judicial or not, California’s stringent anti-deficiency judgement laws do apply to timeshare purchases. Since they are classed as ‘purchase-money loans’, a deficiency judgement cannot be levied against the borrower after a foreclosure.
California Timeshare Resale Laws
While it can be possible to sell a paid-off timeshare, the resale market is practically nonexistent. You’re better off trying to find somebody to give it away to! Because of this, and because many people are desperate to get out of their timeshare, scams are rampant. Commonly, these scam-artist get lists of thousands of potential timeshare owners and call them with too good to be true offers, sometimes even claiming to have a buyer already lined up — only to take their money with upfront fees and run. California law does prohibit this behavior, but of course it can’t exactly prevent it.
Timeshare resellers are required by law to be licensed real estate brokers, however scammers have been known to use fake licenses or attempt to impersonate actual licensed brokers.
It is important to note that pure advertising services are not subject to the same regulation. An advertising service is not required to have a real estate license, nor are they prohibited from collecting up-front fees. Besides, what are you paying for with these services? Usually something you could do by yourself in half an hour without any help!
Really, the safest bet is to just steer clear of the whole mess.
Timeshare Mortgage Cancellation
Timeshare Tax Preparation