Tennessee Timeshare Lawyers and Attorneys - Boukzam Law

Timeshare Lawyers in Tennessee

In recent years there have been a number of issues that have affected consumers who bought into timeshares. What often seems to be a relatively small vacation expense and a worthwhile investment turns into a serious of serious problems and wasted money. One of the main questions that purchasers who regret the transaction ask is How can I get out of my timeshare in Tennessee? This is because timeshares tend to have taxes, maintenance fees, and other costs in addition to the purchase price of the timeshare itself. The additional fees never go away, and they can increase over time. The timeshare can become one of the owners largest financial obligations, and if they ever stop paying the mortgage or fees, there can be a formal foreclosure or repossession process that is stressful and can affect the person’s credit and finances. There are also practical concerns regarding owners actually being able to use their timeshare each year, especially if they need to travel long distances to get from their permanent home to their timeshare property.

What is a timeshare?

The timeshare is a shared property interest that is generally used for the purposes of vacations and leisure. The buyer will have a certain fixed period, usually a few weeks out of the year, where they can live in the property in exchange for their payment, then another buyer can use the property after they leave.

Salespeople tend to emphasize the fact that timeshare owners can have all of the conveniences of home when they go to a resort destination, and they do not have to worry about booking hotels and other issues associated with planning travel and vacations. Sellers also tend to tell potential buyers that the property is a good investment, due to the fact that vacations and hotel prices will only increase in the future, while the price of a timeshare is locked in at the time of the sale.

Can I cancel my timeshare in Tennessee?

Timeshare companies often do not provide much information about how to get out of the obligations related to the property when they are trying to make sales. This leads to much confusion and problems later on, especially because there tends to be only a few solutions to how to legally cancel my timeshare in Tennessee. There are ways to legally cancel a timeshare, but the process to do so can depend on a number of different factors, such as when the timeshare was purchased and the kinds of practices utilized by the timeshare seller. The seller also cannot try to force the buyer to waive their right to cancel the timeshare through contract language or any other kind of verbal agreement.

Buyers should be aware that Tennessee law applies to timeshares that are physically located in Tennessee. This is because state courts have jurisdiction over property located within their borders. This is true even if the sales transaction was made in another state, or the contract was executed in another jurisdiction. If the timeshare is located in another state, or the buyer is unsure of how jurisdictional issues will affect them, they should get legal advice.

Timeshare cancellation period under Tennessee law

Most states have a short grace period to allow buyers to cancel their timeshare obligations shortly after the transaction was made. In Tennessee, this period is either ten or fifteen days depending on whether the buyer had a chance to inspect the property. The fifteen day period applies to buyers who did not do an on site inspection, while the ten day period applies to those who have already inspected their timeshare property. The notice of cancellation needs to be put in writing and delivered to the seller by mail. It should list the buyer’s name, the date of the sale, and the contract number associated with the transaction. Because this cancellation notice is an important document, the letter should be sent by certified mail or some other method that gives notice of receipt from the carrier.

Timeshare resales in Tennessee

It is always possible for the owner to resell the timeshare just like any other piece of property. The new buyer will receive the ownership interest in the property, along with all associated financial obligations. However, there are many problems and scams related to the timeshare resale market, and it is notoriously difficult to find a real buyer who is willing to take on these obligations. People who are interested in selling off their timeshare need to be very careful to not send money to anyone and research any parties that they are dealing with to avoid getting ripped off.

Laws about public offering statements

A public offering statement is a document that contains many important pieces of information about the timeshare. This includes the name of the developer and their contact info, an overview that describes the timeshare and any associated resort, disclosures about the developer’s financing, and most importantly, information about cancellation of the timeshare.

Tennessee law requires timeshare sellers to send a public offering statement to the purchaser. If this statement is not received, the sale can be voided. After the initial purchase period, the sale can also be voided until the buyer gets their copy of the public offering documents. Anyone who does not have their public offering statement should try to get help from a timeshare termination attorney in Tennessee immediately.

Deceptive and misleading sales practices in Tennessee

The timeshare industry has a reputation for getting customers to invest in a resort property without fully understanding their obligations. This is generally because the companies that sell these property interests try to entice customers without various rewards, benefits, gifts, and prizes. However, Tennessee’s have accounted for this possibility, and it is now illegal for salespeople and marketers to use certain practices to try to make a sale, especially if they are being dishonest or misrepresenting the property. The salesperson absolutely cannot engage in certain tactics, such as lying to a person that they have won a prize as a way of launching a sales pitch or presentation.

It may be possible for a Tennessee timeshare cancellation attorney to review the sales and promotional materials along with the contract to see if the seller violated any of these laws about deceptive and unfair practices. State law regulates the content of timeshare sale advertising, and all money for paid timeshare sales by consumers must initially be put into an escrow account first as a form of protection. These funds need to remain in the escrow account until the ten or fifteen day grace period has expired.

Cancelling after the grace period

There are a few other ways the buyer can find answers regarding how to exit my timeshare contract in Tennessee.

In some situations, the buyer can agree to essentially give the timeshare interest back to the resort that owns the property. This is called a deedback. However, this is usually limited to situations where the resort has a desire to buy the property back from the purchaser, or if there are late payments and the resort can get the timeshare back at a much lower price in order to avoid foreclosure. It is also possible that the resort will only be interested in a deedback process if the property has been paid up to date and there or no liens or other encumbrances on the property. This option may not be available to many owners, but it can be discussed with a timeshare attorney in Tennessee if none of the other options seem viable.

Timeshares can also be cancelled through formal, written notice that is delivered to the seller. This document can be drafted with the help of a timeshare cancellation attorney, as there are certain steps that need to be followed to ensure that the letter meets all of the formal legal requirements for cancellation. Certain details about the buyer, seller, property and the transaction history will always need to be included. This should also be delivered in a secure manner, which guarantees that it will reach the destination quickly and not be lost or misplaced.

Additional problems with timeshare cancellation in Tennessee

Because cancelling a timeshare after the initial grace period has expired is usually a complex legal matter, it is best for anyone who wants to go through this process to retain a Tennessee timeshare loophole attorney for advice. Consumers should know that the seller cannot charge any kind of penalties for cancelling a timeshare contract under state law. They also need to issue any refunds that are due to the buyer within thirty days of receiving any notice to cancel. The Tennessee timeshare lawyer may be able to provide a specific solution that will resolve all of the client’s issues.

More advice from Tennessee timeshare attorneys

Boukzam Law is a firm that helps protect consumers in various legal disputes. They have Tennessee timeshare cancellation attorneys available to meet with local clients. Anyone who is interested in learning more about these issues can schedule a consultation to ask questions and receive advice.

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