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Before you attempt to cancel at all, it’s important that you know some of the terms in your timeshare contract. Your timeshare contract cancellation is a binding piece of work, and some parts of the whole document will affect your scenario for cancellation.

If you have acquired the timeshare recently, you might be in a “cooling-off” period (also called the rescission period), which is a legally-mandated amount of time when you can cancel your timeshare contract for any reason without being penalized. This period usually lasts between 3 to 10 days after you sign the contract, depending on state law. Learn more about ARDA’s official information on timeshare ownership and developer responsibilities.

No penalty for cancellation: During this time, you are free to cancel your timeshare contract and get any money that has been paid (including down payments and fees) refunded in full.

Justice moves quickly: You only have this brief period to cancel. If you wait days or months, that window will have slammed shut.

How to cancel: Timeshare cancellation usually requires submitting a written notice to the resort (by certified mail or in person).

If you act promptly after signing the contract, understanding the rescission period can be a quick and easy fix.

As timeshare owners, one factor that drives people to cancel is the increasing cost of maintenance fees. These fees generally rise on an annual basis and are a financial burden. A close read of your contract will reveal any escalation clauses, those that provide clear instructions on when and how fees will increase over time.

How fees are determined: Timeshare maintenance fees are often set by the size of the unit, the location, and, to a lesser extent, amenities at the resort.
When fees rise: Most contracts will spell out how often the fees can increase, which may allow you to make estimates of future costs.
Your rights: If the fees become oppressive, you may have a legal reason to cancel timeshare contract, especially if they are raised in a way that does not comply with the agreement.

Many timeshare agreements have provisions concerning the process of transferring or selling your interest. Such clauses may seem to offer the best way to get out of a timeshare agreement, but many timeshare developers place limitations on such actions that make it harder for owners subsequently to sell or transfer ownership.

Limitations on resale: A lot of contracts bar you from selling your timeshare in the open market unless it is approved by the developer.
Transfer restrictions: Transferring ownership, if permitted at all, may carry fees or conditions.
Risks of Resale Scams: Beware when trying to sell your timeshare, as resale scams are common. Learn more!

It is important to review these clauses before you explore other options, such as selling or donating your timeshare.

Now that you have learned the fine print of your contract, we will share some legal steps to cancel your timeshare.

If you are in the timeshare rescission period, this is the easiest way to cancel your timeshare. “Rescission” is a legal term that is the right to cancel the timeshare agreement and return all related goods, such as vacation properties, without penalty or obligating you to pay further fees.. But this moment is short-lived, so it’s important to move fast.

Write a Rescission Letter: Create a letter to cancel the timeshare agreement. Add the date you signed, your own address, and the name of the resort or other pertinent information regarding your ownership.
Send the Letter via Certified Mail: You need to send the timeshare cancellation letter via certified mail or some other trackable delivery method so you can have evidence of its return. This provides some protection for you in the event of disputes.
Ask for a Full Refund: Make it clear in your letter that you are looking for a full refund of any charges paid, including the deposit and/or any fees paid upfront.
Timing: You should aim to reach the letter within your rescission window, as this is important. Failing to do so will void your right to cancel.

If you missed the rescission period, certain timeshare cancellation companies have deed-back programs. These are programs that let you hand the deed back to the resort, relinquishing ownership back to the developer.

Get in touch with the resort: Contact your timeshare developer to find out if they have a deed-back program. Some resorts have their own requirements with regard to this step.
Supply Necessary Documents: Generally, you will have to submit documentation regarding proof of ownership and any remaining balances in order to complete the deed-back.
Negotiate Terms: Some resorts will even make this available as an incentive to deplete their inventory, but they might require transfer fees or other conditions.
No Guarantees: Not all resorts have a deed-back program, and those that do have restrictions. Be sure to validate the terms you are adding.

In some instances, it’s possible to negotiate directly with the resort. But this is often a challenging, annoying way.

Be Specific: Tell them that you want to cancel your timeshare, and ask if they may have an in-house exit program or a way out.
Prepare for Sales Pitches: Resorts often offer to sell you additional points or upgrades in return for releasing you from your contract. Stick to your points on cancelling.
Record All Communication: Document all verbal and written chats. You’ll need this in case you have to take it a step further.

Resorts are not legally bound to release you from your contract, and when they talk of “re-booking,” it could mean a new package in which you would need to spend more money. Watch out, and know your rights before consenting to any new deal.

If nothing else works, filing a lawsuit may be your final recourse. You can take legal action to break the contract and receive any financial damages incurred as a result of it.

Talk to a Lawyer: Seek out a timeshare lawyer who’s experienced in getting people out of their timeshares. Timeshare exit lawyers can look at your contract and provide guidance on the right approach.
Assess Whether You Have a Case: Your timeshare cancellation attorney will guide you on whether or not your case is strong. You may have legal grounds for action, such as misrepresentation in the selling process, breach of contract, and timeshare laws.
Get Ready to Play the Long Game: Litigation takes time and money. Before moving forward, you must consider the pros and cons of that course.

There are a number of common pitfalls that can delay your exit, result in lost money, or even cause legal problems when you try to exit your timeshare.

If you simply stop making payments on your timeshare without a documented cancellation of the timeshare contract, there can be significant credit implications, lawsuits from the resort, and additional fees. Remember to cancel officially first before cutting off the payments.

Scams in the timeshare exit industry are so common. Some will allegedly offer quick, easy cancellations, then collect large upfront fees if you want to cancel, and they don’t really deliver what they promised. Be careful when selecting timeshare exit companies or timeshare cancellation teams. 

Warning signs of scams include:

• No clear exit strategy
• High upfront fees
• Lack of transparency
• Poor reviews or BBB rating

There are usually deadlines for timeshare cancellations. Failing to meet these deadlines could limit your flexibility and make it far more difficult to get out of the contract. Be sure to always know dates, especially the rescission period, and act quickly.

Make sure you leave a paper trail of your contacts with the resort or timeshare exit company. Keeping track of emails, letters, and phone calls will help protect you in case there are disputes down the road.

We know that owning a timeshare can be stressful. That’s why, since 2015, we’ve been assisting people like you with responsibly cancelling their timeshare agreements.
Our record has been tested and proven, which is why we have so many happy customers, making Resort Victory one of the most trustworthy timeshare exit companies in the market.