After the timeshare has got you, the consumer, to sign the contract, why should they go to extra effort to make sure you understand your rights as an American, when it comes to contract timeshare law?
People who call us for a free consultation with our timeshare cancellation counselors, ask “how is it legal for timeshares to neglect to provide all the information about a contract?” Consumer rights in America outline that it is illegal to get someone to sign a contract under many different legal pretenses. And if the business ignores the law, the contract that was signed (including a timeshare purchase) can be null and void.
Any contract that is signed by an American, which violates U.S. contract requirements and timeshare law, can be cancelled without recourse, with the seller. Something that informed consumers are starting to realize, and something that the timeshare industry would very much like to change, or have you forget. Fraudulent timeshare sales teams count on two advantages; first, that the prospective buyer is unaware of contract law, and second, that they are unlikely to seek legal advice about their timeshare, or the validity of their contract.
The timeshare sales person will in most cases, do everything they can to avoid answering your questions about the contract, or your options to cancel it later on. And if they have misled you into believing that the contract is easily cancelled, the sale can be deemed to be misleading, and fraudulent, which voids the sale, in the eye of the law.
What Specific Laws Allow for Legal Timeshare Cancellation?
American laws protect buyers from legally binding contracts, under a variety of circumstances. For instance, if a consumer signs a contract under false pretenses, with services that are promised (but later not delivered) the contract may be void. Mistake is another caveat that allows for a timeshare contract to be cancelled, if it can be proven that the consumer was not aware of all the terms included in the contract, whether they were reviewed by the timeshare sales representative, or not.
Breach of contract in terms of a timeshare agreement, can include circumstances where the timeshare has simply not delivered on what was promised. What does that look like, from the consumer perspective? It can be any one of the following non-deliverables, including:
Non-availability of weeks during peak season, that were promised.
Amenities that are closed, or under repair for a long period of time, that were outlined as services in the contract. This can include pools, club house, recreation centers and even the quality of the suite that you stay in (housekeeping, etc.).
Free ski, snorkel or scuba diving lessons that are part of a new member onboarding package, which were not provided. The free incentives must be outlined in writing, as part of the contract, to be considered as a case for failure to deliver on the terms.
Neglecting to deliver the free incentive that was promised at the sales presentation. Whether that means a cash bonus, cruise or tour, free dinner or other luxury gift from the resort.
Dramatic increases in membership or maintenance fees, where the timeshare contract states a period of ‘zero fee increase’ for a promotional period.
In the United States, the Uniform Commercial Code sec. 2106(4) and sec 2106(3) clearly outline what is accepted as a breach of contract, and the obligations that a seller must deliver to the contract signee. In fact, the canceling party (consumer) can not only apply for a termination of the entire timeshare purchase contract, but they can also seek a remedy for breach of the contract, or a partial refund from the timeshare organization or resort.
Why Your Timeshare Will Never Give You The Legal Facts
But when a consumer asks their own timeshare for options about cancellation, they are quickly and simply told that the contract is legally binding. That is true. But if the timeshare has neglected to deliver on terms that were written into the contract, the consumer has every right with legal assistance, to void the contract. In extreme cases, some consumers may even achieve a refund, where fraud is able to be proven.
Are timeshares aware of the limit of the contract? Of course they are. But it is easier for them to ignore consumer complaints and grievances, and assume that many timeshare owners will not take legal action. When you’ve already been ‘had’ by a timeshare, financial resources may be an issue, but timeshare cancellation with a reputable company like Aconsumercredit™, is less expensive than staying within a costly timeshare contract.
The timeshare is counting on consumers to give up, or become frustrated with the red tape and administration that is involved, and simply remain within their expensive timeshare contract.
We encourage every timeshare owner who has tried unsuccessfully to get out of their obligation, to start with a free consultation with our team. We are transparent about our fees and services, and will explain exactly how we advocate on behalf of hundreds of families every year, to help them achieve freedom from their timeshare contract.
Since 2004, we’ve been America’s leading and most reputable timeshare cancellation team, handling cases across the United States. We’re ready to give you the straight facts about timeshare cancellation, and help you cancel your timeshare for good.