Timeshare Laws applicable in a court of law in all states make it unlawful for Timeshare Corporations to defraud purchasers.
Any one violation of (a) through (f) below can constitute unlawful deception and fraud:
(a) Failure to provide certain documents and certain disclosures clearly and conspicuously as required by law, pursuant to §11225 & §11238;
(b) Failure to make proper disclosures as required by law with regard to the incidental benefits offered or not offered under the timeshare plan, pursuant to §11237;
(c) Making material misrepresentations, including, but not limited to material misrepresentations in connection with the promotion of a timeshare plan, the nature, qualities and/or characteristic of the offered timeshare plan, and/or its incidental benefits, pursuant to §11245;
(d) Charging assessments, including maintenance fees, in amounts not proscribed by law, or by failing to provide proper notice regarding the increase of fees, pursuant to §11265;
(e) Failing to deliver on certain promises within the time represented, pursuant to §11265; and,
(f) Conflicting, misleading and/or unlawful provisions among the various documents provided, pursuant to §11265;
This body of law along with state-specific laws, means resorts can face damages, including Punitive Damages for systematic and repeated violations of law.
Timeshare laws are state specific, so in every state your rights regarding your timeshare, or your purchase of one will vary greatly. Some states like Florida, Nevada, South Carolina, and California see a lot of timeshare usage and thus have more extensive timeshare laws. While other states like Michigan, Missouri and Wyoming do not have any timeshare specific rules and instead refer to real property, condominium, or consumer protection law. It is important to look at where the state chooses to address timeshare law. Depending on the area it is covered in you can get a clear idea of what your rights may be regarding your timeshare. If it is in consumer protection likely your rights are based on fraudulent activity by the managers, if it is in contract your rights probably have more options available for pursuing your case. You rights matter and it is important to know going in what your rights are and what remedies may be available to you and your family.
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