How to get out of timeshare
The first thing any consumer ought to consider is ‘what they want’ or what they want to happen so as to achieve their goal.
You might not want to visit your ‘home resort’ any longer.
You might believe you have outgrown your resort, or that it is a family environment and you want a different location with different facilities akin to your age and/or circumstances.
You may conclude you want to dispose of it!
The list can go on and on but you have to consider at all times what YOU want and what YOU want to achieve.
Some consumers have a great desire to sell and/or dispose of their timeshare only to realise that they have made a mistake. So again you have to quietly, methodically and reasonably consider:
– exactly what it is you want
– will the actions (which you embark on) bring about what YOU want and betterment?
With that in mind you are now in a position to achieve your goal in the full knowledge that you know “what YOU want” – not some other person’s, salesman’s or tricksters’ own ‘wants’ who often have an over inflated opinion of themselves.
If you want to dispose of timeshare it’s not right to launch an attack on the resort, as you have (at some point) enjoyed your purchase and the change of heart is yours and not the resorts.
Of course in saying this, if you could have been using your timeshare in protest – this is another matter.
You will have no doubt read that there are many obstacles to overcome in this industry and one is to deal with an honest and reputable firm who will assist you in the sale of your timeshare.
Here at the Timeshare Consumer Association we have inherited three such companies who will assist you and who have been vetted by the champion of Timeshare Consumers (Sandy Grey).
The three resale firms offer a variety of different services and have proven to be good, reasonable, honest and trustworthy. Other associations also promote their services. We do not become involved in any commission you might give them. We believe that they have been vetted and have proved to be reasonable people to deal with.
If you are unsure as to any person, firm or company who offer their services to you to dispose of your timeshare, feel free to make contact with us and others so as we can all share information as to their claims and activities. I am sure you will then have enough information as to the validity.
Once you have decided to commission a seller, be patient, timeshare can take time to dispose of.
Whilst waiting for the sale to complete, you can rent out your weeks to reduce the liability of resort fees or continue to use it until such time as it is sold.
When considering selling you have to be reasonable and know the market you are selling in. Pitch your timeshare at a reasonable price having regarded the market and be lead by your reputable agent. If again you are unsure – we are here to help. Remember that a sale takes place in the event that there is a willing buyer and a willing seller and they agree the goods priced is acceptable to both parties.
In the event your selling agent is unable to sell your timeshare, offer it to someone else to dispose of. In some cases buyers prefer different sites and they might not have cause to visit the site which you are registered with. So ask your agent if you can place a sales ad with others, our whether they can enter into an arrangement with other agents whereby they (as a group) will market your timeshare for a higher fee. This will give you the advantage of a larger audience and exposure.
If no sale materialises you still have options. There are brokers who only deal with reverse premiums which we ask you to read in our website (see News).
These companies will not generally offer you money to buy your timeshare, however they will relieve you of its ownership for a fee. Even thought at this stage you might not be interested in paying someone to take it off your hands, it’s always worth an enquiry so when pursuing what YOU want you are aware of your last resort. The Reverse Premium Broker will generally charge between £2,000 and £3,000 to take your timeshare of your hands and it will bring you the finality, which is what YOU want. Again this will depend on any delinquencies on the timeshare at the point of sale.
Other avenues are to approach the resort and discuss the possibility of the resort taking the timeshare off your hands, trying at all times to obtain their best price. I know some resorts are not amenable to the thought, however if they receive a reward in cash sums (reverse premium) they might assist you and release you from the contract. “All being all” you will have explored an option and will have received an offer or rejection, either/or you have gained information which you can review when all your investigation work has concluded.
Resorts and newspapers are never a great option, however the more coverage you get the better your chances.
Have you considered loaning out your timeshare to someone for a period of years in exchange for the maintenance fee or possibly even more? Some people do want a timeshare but don’t want to commit to the longevity of the contract period. So a short period might be an advantage to them and relieve you of any intermediate liability. With a loan agreement in place and liabilities deferred you might get a better price from a Reverse Premium Broker.
In some events the resort blocks the last option and in this case the end of the road has not been reached. With good solid and reasonable advice from a timeshare solicitor the actions of the resort might and probably are in breach of the contract which they in fact authored.
All in all it is a journey to dispose of your timeshare but it is doable. You can achieve your goals if you (from the outset) have good, consistent and cogent advice.
At all times check the advice (whether it is ours, some other association, broker, seller or agent). Remember at all times ‘what YOU want’ and proceed with just caution when dealing with companies over the internet.
You can check out their company profiles and financial status so as to grant yourself some piece of mind.
Always remember that if sounds ‘too good to true’ – it probably is.
Be flexible, determined and make it your goal and you again will have a better chance. You might be disappointed from time to time but perseverance will pay off and you do have your last option available if required.
If for any reason you feel the brakes are being put on you by the resort or they are being obstructive you can issue proceedings. That said, if you reach this consideration, again you ought to consider your actions and consider the platform which you litigate so as to avoid consequential problems in carrying out your quest.
Have you ever heard people say “if you don’t do it I’ll sue you”?
Is it an idle threat, an angry statement or an event which they WILL carry out?
Far too often the statement (or treat) is or has been used. As a result of it’s over use it is deemed as idle speech. The receiver of the treat might call you bluff, might wait or launch an assault which scares you off.
You should never in the context of timeshare threaten to do something until such time as you have looked hard at your position, reviewed the issues (which you might litigate on) and review good sound advice as to how your desire to sue meets your wants and reasonable projected achievements.
Litigation is a necessary evil which we all face from time to time, however it has to be conducted in the arena where an independent person will adjudicate between the parties and that Judge/Adjudicator/Mediator will have his own truths.
Let me explain we are all human, fallible, and capable of embellishments, all out for winning our disputes. We all have our own truths and those truths will not be the same as our adversaries. So in any court action there is the actual truth, the claimant’s truth, the defendant’s truth and what the courts believes is the truth. In short it’s a minefield of possibilities. In saying this, all but a very few litigants have to negotiate at some point in the action and the earlier this is done the better as any litigant who has shown a conciliatory manor and a willingness to accept sums less than they claimed they will be rewarded by the courts if the matter is tried.
As with selling decide ‘what it is YOU want’ set out the issues and assess you’re best and worst case scenario. Know what you can prove! Know what you can’t. On the point of knowing what you can’t prove you will come to appreciate that it is those areas which you subject yourself to the whim of the courts and the Judges.
At times in legal actions it will be up to you to prove to the Judge that on the balance of probabilities your version and your acts are to be believed. When faced with embellishment from your opponents this can be very hard, very frustrating and very challenging, but if you embark on an action and have justly considered these matters you will be ready and more able to achieve ‘what YOU want’.
This pre-litigation is very important as you can assess what your chances are when faced with the whim of the court. We say this respectfully as the courts are very experienced at drilling into the facts and on balance they get it right. You may not think so if you lose but when the courts judgement is explained and their logic applied even the most upset can relate to the reasoning.
Due diligence is the phrase which any litigant should grab hold of before entering the litigation arena. You should put aside the upset, put to bed the anger in exchange for research, consideration and the seeking of good advice. Doing so, you are fully aware of the risks, the challenges and the obstacles which you will be facing. The advice will eliminate a lot of the traps and snares which are always encountered. That said there will be the occasional shock (now and then) but if you ply the truth and make every effort to get that truth independently assessed then your action will be on a good footing.
No doubt you will not be litigation savvy. You’ll be unfamiliar with the Civil Procedure Rules and its management and processes, so this part of your action is all new to you. This being the case you are entirely reliant upon your legal advisor. So you will need to be fully assured that that person is the right one for you. They will have to be knowledgeable about timeshare, experienced and most of all able to act in your best interest.
Your best interest
A solicitor ought not to be your friend. They are an advisor, at times he will have to give you unpalatable advice which you don’t want to hear, yet it is in your best interest. The way they puts matters across to you is important so you might have to embrace their candour at times as it is their duty to act in your best interest. If you feel you are being pandered to and the meeting is full of laughs and fun this should raise alarm bells as you don’t want to be sold to, you want advice good or bad and in truth you are paying for it.
Set out your case with your advisor and by way of disclosure send all the information to your opponent. This will show that your threat is real, you are not acting under a whim and the litigation risk is real.
This action will help you at trial as you have been courteous and given your opponent reasonable warning of your claim.
With your advisor consider making a part 36 offer before litigation as this will again, help you if the matter proceeds to trail.
In any case it will limit your losses. The offer should be pitched at the least amount you will accept (with the knowledge you have).
Some litigants believe that an early offer is a sign of weakness but I am sure your advisor will tell you that if a reasonable offer is rejected (before an action) is commenced, the party ignoring the offer does so at their peril
This article is designed to give the consumer an insight into disposing of timeshare by selling or starting litigation and how to ensure that it begins on a good and reasonable footing. Once commenced, it will be for council and your solicitor to advise you, however at all times take on board what you are told and balance the advice with your own reason not your feeling.
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Last modified: March 11, 2016