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Do Timeshare purchases require a deed to be transferred to the purchaser?
No. In fact, many timeshare transactions will not include the transfer of a deeded piece of real estate. Many Timeshare
companies offer to lease time to the consumer. These lease time can range anywhere from 5 to 75 years. While still considered
a real estate transaction, a lease does not entitle the purchaser to actual ownership of the physical property. However, this
does not preclude the purchaser of a leased property from all of the benefits a deeded owner receives. They are still able to
vacation in the same comfort, quality, and style that a deeded owner can.
Who governs Timeshare regulations?
The governing body of Timeshare can vary from state to state, country to country. Usually, the same body that governs real
estate governs Timeshare regulations as well. However, this is not always the case. Many states have not incorporated
Timeshare into the regulatory process. Hence, laws will not be as restrictive over the material presented in the sales
process. This lack of constraint and parameter as to what can be said, or implied, leaves the presentation open to
interpretation. Consequently, the representative is able to “freestyle” or “puff” the features and value, potentially
leaving the consumer with erroneous impressions of how Timeshare will benefit their family.
What are rescission rights and how do they work?
Rescission rights allow a purchaser to return the product they recently purchased and receive a refund. In Timeshare, the
rescission period varies state to state. For example, Florida properties have a 10 day right of rescission, while Nevada
properties are 5 days. Refunds are usually limited to the down payment made for the property. Document and processing
fees are rarely returned to the prospective Timeshare purchaser.
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