Hawaii 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. Hawaii is home to some of the best beaches, best resorts, and, thankfully, best consumer protection laws in the country. If you are a victim of fraud, misrepresentation, or high-pressure sales tactics, our teams’ experience with Hawaii 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 Hawaii, you need to at least know the answers to the following questions:
- What is the timeshare cancellation period in Hawaii?
- What kind of laws does Hawaii 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 Hawaii?
Hawaii 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 Hawaii is 7 calendar days from the day you sign the contract or the day you receive all the disclosure documents, whichever is later. This right to cancel may not be waived.
Cancelling the purchase is done by sending a notice of cancellation via mail or delivery. If sent via US mail, the notice is assumed given on the date postmarked, if sent by other means of delivery, the notice is considered given at delivery. While the law does not specifically state so, we do recommend that you send your notice of cancellation via certified mail so that you have definitive proof the notice is delivered. Once the timeshare company receives your notice of cancellation they have 20 days to honor your refund, or until 5 days after your check clears, whichever is later.
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 Hawaii
Hawaiian 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, please don’t feel bad. These salespeople are master manipulators and will play on your emotions, not appeal to your senses.
The law casts a rather large net, prohibiting the misrepresentation of any material fact, prohibiting representing the timeshare as a financial investment, misrepresenting usage rights, and covers much more.
It is considered a violation for any sales agent to:
These specific provisions regarding timeshare sales combined with Hawaii’s other consumer protections are key to our strategy. As we can see, Hawaii timeshare law is pretty clear and extensive when it comes to misrepresentation of the facts! 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.
Hawaii Timeshare Foreclosures
Typically, timeshare purchases in Hawaii are financed through a mortgage on the ownership. Failure to make your timeshare mortgage payments will result in a foreclosure. In Hawaii, any regular, special, or other assessment fees are considered a debt, nonpayment of which can also result in foreclosure.
In Hawaii, foreclosures on timeshare mortgages are handled just like a mortgage on a real property. Hawaiian law explicitly states that it does not prohibit the timeshare association from obtaining a money judgement from the courts for any owed fees or payments.
Hawaii 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. Hawaii law does prohibit this behavior, but of course it can’t exactly prevent it.
In Hawaii, 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.
Really, the safest bet is to just steer clear of the whole mess.
Timeshare Mortgage Cancellation
Timeshare Tax Preparation