Walking Away from a Timeshare’s Maintenance Fees

by Legal S. Real Estate Attorneys in CA and NV

A timeshare membership, as many vacation enthusiasts have discovered, can be full of unwanted and unforeseen events that do not meet their expectations.

From surprise special assessment costs to booking refusals by their resort, the vacation paradise timeshare owners were promised often fails to materialize. The timeshare ownership experience goes from enjoying a condo in paradise on a tropical island to an unused membership and ongoing payments from their bank accounts.

Not only can these expenses wipe out an owner’s budget, they can also stain their perception of the vacation world itself – and as far as timeshares go, it is a justified viewpoint. Timeshare attorneys we talk to discuss the ability to walk away from maintenance fees and timeshare contract.

During the hard sales pitch, timeshare attorneys hear that the potential timeshare consumers pay attention to every detail, but end up distracted by the confusing aspects of timeshare travel. The point system is meant to hide the fact that timeshare resorts oversell the units. Most the owners are told “not available” when trying to book their reservations.

exit your timeshare

Once the timeshare owner returns home, the reality hits them: “I’ve been conned!” It’s too late for them to turn back. The rescission period is over. When you think about it, dealing with all the logistics for a good vacation is stressful enough on its own. Add to that the maintenance fees and a lack of booking availability, the timeshare membership generates a lot of bitterness – towards the timeshare resort and the family members who signed on the dotted line.

As a timeshare attorney will tell you, the timeshare resorts don’t care about your unhappiness with your membership. The resorts are in it for the profit and couldn't care less. Timeshare owners soon find out their resort’s sales reps used misleading promises, unseen free gifts, alcoholic drinks and boiler room hard pressure to coerce you to sign the contract.

If you actually get to use the unit and think everything’s fine, a toilet then breaks, or the room service doesn’t show up, or the resort staff put you in a room with a view of the parking lot instead of the beach as you were promised. With all the advertised options to get timeshare relief, they all fail to get you out of the timeshare contract.

How much a vacation club resort charges for extra amenities depends on the developer and often times the terms change, especially when a major resort buys out a smaller one and takes over everything, and then charges excessive maintenance fees. Also, a common deceptive and unfair sales practice that may allow an owner to get out of a timeshare contract includes -

Getting Free gift or discounted incentive to tour a timeshare property without disclosing a sales presentation was taking place for timeshare ownership.
Were told that the "resort tour" would only be for 90 minutes when in fact it took the entire morning, afternoon, or evening.
Aggressive sales tactics applied after multiple rejections to sales rep's purchase offer, which is considered unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform.
Were told that the purchase would be considered an investment as timeshare could be sold or rented for profit.
Were told that the membership would be a one time, "this day only" offer and that timeshare would be available only to members and not accessible to the general public for usage or rent.
Never disclosed that timeshares can be rented online without being a member or owner.
Never disclosed that timeshares could be bought online for as little as one dollar.
Never disclosed that timeshare developers and their management companies can add, delete, modify, terms, conditions, and usage rights without the owners' consent.
Never disclosed that timeshare developers and their management companies can charge fees above and beyond maintenance fees without their consent Never disclosed the perpetuity clause that legally binds your financial obligation to the developer forever.
Never disclosed that the contract legally binds heirs, successors, and assigns to inherit all financial and legal obligations under contract described above.

As a result many owners want to divest themselves of the timeshare contract with many of the major resort companies. With annual maintenance fees keep increasing, and many of the 'promises' that we made to them having not materialized, timeshare owners become frustrated with entire process. The pressure sale tactics promised us a marketable product that would increase in value over time. Many timeshare lawyers have determined that a 'deed' has virtually no market value at all.

One particular owner said he has a membership at a Florida resort near Orlando, or as they call it, a resort hotel. Their pitch was high pressured, they lured us into what he thought was a visitor's information center which he then realized was a timeshare pitch. He had never been to Orlando, and his wife and he were there with their 3 young children and that they presented free admission tickets to attractions if they listened to their pitch. They "held" the $40 until we attended, just to confirm, the rep said as he came back to concentrate on persuading us to sign.

They fell for the rep's long pitch and once he got home, he then received the primary call that if he wanted to be able to fully use their international properties, they would pay extra money to own access. They didn't fall for that, but have regretted this from the first visit to the properties they do have access to. They unit is rather run down and in no way definitely worth the money. He has access every-other year and sometimes can't book the dates that employment for a vacation because he cannot make reservations, but such a big amount of months out, so it is a eleventh hour scramble and "one gets what you get".

The owner was asked about if they buy and that they don't. They've told him that he can try and sell it, but has to pay a pair hundred in deed transfer fees to them. Meantime, the couple is stuck paying maintenance fees that keep rising, and that they end up resenting the resorts experience.

Nothing is more depressing for a member of timeshare resort, who is not enjoying their pricey timeshare, than the sight of their annual timeshare maintenance fees arriving in the mailbox. Going through the expenses one pays, it’s easy to see why a majority of timeshare owners are tired of paying for something they can’t or don’t want to use, and may think about doing something severe like letting the timeshare go into foreclosure.

But why take the hit to your credit reputation and subject yourself to harassing creditors? Once owning the timeshare becomes a financial and emotional problem, timeshare owners should call a proven timeshare attorney for an evaluation.