Florida – October 24, 2021

Transferring title of timeshare ownership can become prickly if it is not undertaken with the proper knowledge of current Florida real estate laws.  An experienced real estate attorney can assist current owners of Florida timeshares who may need to add a new owner, remove a co-owner, or transfer all ownership interests to a new owner and will involve the filing of the deed in the county where the property is located.  Formal cancellation will be necessary if owners want to stop payment and avoid possible foreclosure actions.  A vacation escape, especially in a tropical setting with vast entertainment and amusement such as Orlando may start off as an inviting experience, but that joy can quickly dissipate when the realities that hinder the use of a timeshare property include:

  • Problems with availability. – After years of being unable to access the property when owners want to take a vacation, or spend time using it, coupled with the loss of money invested cause many to begin looking towards cancellation services for relief.
  • Timeshare maintenance fees. – Routine maintenance fees are often overlooked by buyers and costs tend to increase each year, causing owners to cancel their timeshares.
  • Special assessment fees. – These fees can be quite pricey and pop up with little warning. Also known as liability bills, these fees can be sent out at any time, for any amount, often popping up when a natural disaster occurs, or major renovations are made to the property.
  • Poor resale value. – Some properties in certain destinations can be appealing, but most timeshares have zero resale value. Consumers are led to believe that if they don’t want the property any longer then all they have to do is sell it.

Timeshare cancellation.

Timeshare cancellation lawyers can represent buyers who are required to provide written cancellation with delivery to the designated company receiver, in a manner that will provide proof of date cancellation, such as certified mail with a return receipt, or carriers that require signatures and date of acceptance of letters.  After proper notice of cancellation, the seller is required to refund payments previously made for a timeshare purchase and must make refunds within the required timeline after the sale has been rescinded.  A timeshare condominium development attorney can communicate with sellers, developers, or their legal team when this process is not completed, or to assure that refunds are processed in a timely fashion.

Complaints.

Individuals who have been defrauded by a timeshare seller, or reseller, may decide to file a complaint with the Attorney General’s Office at www.myfloridalegal.com or by phone toll-free at 1-866-9-NO-SCAM. The Department of Business and Professional Regulation and Licensure and Division of Florida Land Sales, Condominiums and Mobile Homes, Bureau of Timeshares can be reached at (850) 488-1122, or www.myfloridalicense.com/dbpr/lsc/timeshare.html.  Legal counsel can prepare formal complaints to be filed with these agencies, or with the Florida Department of Agriculture and Consumer Services, which acts as the State’s consumer complaint clearinghouse, at www.floridaconsumerhelp.com.  Buyers who are attempting to cancel their Orlando Florida timeshare ownership should talk to a timeshare attorney about remedies and viable courses of action toward compensation for financial losses caused by unethical timeshare sales and activities.

Seek legal counsel.

Experienced Florida real estate attorneys can review timeshare agreements, and identify the language that will support cancellation of timeshare ownership based on fiscal losses, and development company practices as reasons to discontinue ownership. Complaints and legal action may be taken against those individuals who have breached state and federal timeshare laws that may yield sanctions and fines as well as compensation to buyers for their losses.

Legal Counsel, P.A.

189 S. Orange Ave., Ste. 1800
Orlando, Florida  32801

Phone: 407-982-4321

Sources.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/Sections/0721.03.html

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim

https://www.fdacs.gov/Consumer-Resources

http://www.myfloridalicense.com/DBPR/

 

 

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