How to Get Out of a Timeshare Legally

Jun 11, 2023 By Susan Kelly

Today, many timeshare owners are getting in over their heads with high-pressure sales tactics and contract agreements that can be difficult to understand. With the stress of a burden on your finances and no clear way out, it is understandable why so many timeshare owners feel overwhelmed by the legal process of getting out of their contract. But fear not.

We’ll discuss all aspects of canceling or transferring/selling a timeshare legally - from understanding relevant terms and laws, gaining knowledge about fees associated with exiting a contractual obligation early, finding relief programs specifically designed to help those dealing with timeshares, as well as more alternatives for becoming completely financially free from ownership altogether.

Timeshare Legally

A timeshare is a form of real estate ownership or right to use a property, such as an apartment, condominium, house, vacation home, or resort. A timeshare owner has the right to occupy and use the property during a certain period at pre-arranged intervals throughout the year. Developers who act as intermediaries between buyers and sellers typically offer timeshares.

When buying into a timeshare scheme, buyers sign legally binding contracts that specify when they can use the property and any associated obligations attached to their purchase. The terms of these contracts have been known to be confusing and often difficult to understand or review in full before signing off.

The Problems with Timeshares - Why Do People Want To Get Out Of Them

The primary problem many timeshare owners face is an inability to meet their financial obligations. This may be due to the high initial fees associated with purchasing and maintaining a timeshare and unexpected costs like increasing interest rates or additional taxes/fees.

Some contracts have provisions, including yearly maintenance or usage fees, that can add to the burden of ownership financially and emotionally.

Many people leave their timeshares feeling misled by sales representatives or agents who promised them an opportunity to enjoy vacations for a fraction of the cost at luxury resorts, only to find out later that they have been taken advantage of.

Legal Ways To Get Out Of A Timeshare

There are legal ways out of a timeshare contract and financial relief programs to help those struggling to meet their obligations. The most important thing in legally getting out of a timeshare is understanding your options and knowing which ones will work best for you. Here are some examples of legal ways to get out of a timeshare:

Seek Early Termination or Rescission

Depending on your state, you may have an opportunity to cancel your purchase agreement within days (or even hours) of signing the contract. This is known as a “rescission period” or early termination, and it is your right to cancel the timeshare agreement without repercussions during this time window.

Transfer Your Timeshare Deed

Transferring a timeshare deed may be your best option if you are looking for an immediate solution. This involves selling or gifting your timeshare interest to another person or organization willing to take on the contractual obligation associated with ownership (although there may be fees associated with this process).

Seek Financial Relief Programs

Organizations are specifically designed to help those dealing with timeshares who need financial assistance become free from their contractual obligations. These relief programs are designed to help timeshare owners reduce their current debt and get out of their contracts without going through lengthy legal proceedings or paying expensive fees.

Hire A Professional Timeshare Exit Company

If you can’t find a solution alone, many companies offer services designed to help timeshare owners legally and permanently exit their agreements. These companies specialize in uncovering hidden fees, negotiating with the resort or developer on behalf of the owner, as well as providing guidance throughout the process from start to finish.

No matter what situation you find yourself in, there is always a way out of a timeshare contract legally. With the right information and resources at your fingertips, you can explore the options available and decide how best to move forward with your timeshare exit.

Ask the Resort to Take It Back

Although it may not always be an option, some resorts will take back a timeshare, understanding that you would no longer have any legal obligation to them or the property. If this interests you, contact your resort directly - they may even offer incentives for surrendering ownership to free up space for other customers.

However, remember that certain conditions and regulations are associated with taking back a timeshare agreement, so make sure you understand all of the details before making any decisions.

Sell Your Timeshare

Selling it is another way to legally break free from your timeshare contract. This option may be best for those not hurrying to get out of their agreement and would rather receive compensation for the property.

However, be aware that certain fees are associated with selling a timeshare (which may include realtor fees or transfer costs), and there is no guarantee that you will find a buyer - so do your research beforehand.

Use an Attorney or Legal Expert

If you’ve exhausted all your other options and still feel stuck in your timeshare agreement, it may be time to seek professional help. Consulting with an attorney or legal expert can provide valuable insight into the laws and regulations surrounding timeshares and any loopholes that may be available to you for getting out of a contract legally.

This is especially important if you are dealing with a developer unwilling to work with you directly - having legal representation will ensure your rights are protected throughout the process.

Costs to Get Out of a Timeshare

The cost to get out of a timeshare will vary depending on the type of exit solution you choose and any associated fees. For example, if you plan to transfer your deed or sell your timeshare, you may have to pay realtor/transfer fees. If you decide to go through an attorney or legal expert for help, there will be additional costs for their services.


Can I give my timeshare back to the company?

Yes, depending on your state and resort regulations, you can return your timeshare to the company. Contact the resort directly for more information on their specific details and guidelines.

What happens if I stop paying for my timeshare?

If you stop paying your timeshare, the resort can take legal action to collect on the debt. As a result, it is important to understand your options and ensure that you comply with all contractual obligations before taking any steps toward exiting your timeshare agreement.

Are timeshares hard to cancel?

Timeshares are relatively easy to cancel. Depending on your state and resort regulations, you can rescind your purchase agreement within a certain window after signing the contract.


Getting out of a timeshare legally is possible, but you must be well-informed and know your options. Before committing to any process or procedure, you must speak with an attorney specializing in timeshare law to understand the legal implications and potential risks. Be sure to review all the documents associated with your timeshare and seek out additional resources related to time-sharing.

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