7 Things You Need to Know
BEFORE You Cancel Your Timeshare Contract
Here are 7 insider trade secrets that could save you thousands of dollars.
1. As of 2018, there are still only a handful of legitimate timeshare cancellation companies in existence. Here’s why
Most timeshare owners have a hard time accepting the fact that a timeshare – something they’ve spent tens of thousands of dollars on – can have little or no tangible value. So when the timeshare eventually becomes a financial burden, their first inclination is to sell it or rent it. Unfortunately, hundreds of companies have sprouted up over the last several years to exploit the misconception that timeshares are easily sold. These companies fall into two categories, the sketchy type that claims they can sell or rent your timeshare (they can’t), and the fraudulent type that claims to have a buyer waiting in the wings (they don’t). Both types are fully aware that the odds of someone actually buying or renting your timeshare are extremely low (less than 1%). Why the terrible odds? Because of the glut of timeshares on the secondary market for only a dollar. Think about it: Why would anyone pay you for a timeshare when so many are listed on eBay for next to nothing?
These timeshare “resale” companies tell you exactly what you want to hear – that your timeshare has real value. People believe this nonsense because they just can’t understand how a timeshare company would be allowed to sell products to the public that are, for all intents and purposes, worthless. When you buy a car, you expect it to lose 20% of its value as soon as you sign the contract, but you certainly don’t expect it to lose 100% of its value. That’s exactly what happens with most timeshares. People understandably have a hard time wrapping their heads around that.
So the first thing that timeshare owners need to do is face facts; namely these:
* The Internal Revenue Service values your timeshare, and all timeshares, as worthless.
* No legitimate charity wants your donated timeshare. Period.
* Timeshare companies are allowed to remain in business because they spend millions to
influence both Democrats and Republicans in state government. (Ever wonder why timeshares are allowed to stay in business?)
So the question now becomes: Why not do what so many others are doing, and sell your timeshare for a dollar on eBay? Here’s why that’s a bad idea:
2. Even if you sell your timeshare on eBay for a dollar, you’re still responsible for payment to the timeshare company if your buyer ever stops making payments
You heard it right. Most timeshare companies structure their contracts so the original owner can only transfer the timeshare by way of a quitclaim deed. But a quitclaim deed merely transfers title; it doesn’t transfer the legal obligation to pay a monthly mortgage or an annual maintenance fee. So while the new owner will have legal title, the original owner will still be on the hook for any payments due for the life of the timeshare.
In other words, if you are the original owner, you will always be ultimately responsible for payments. So if you do sell your timeshare for a dollar, make doubly sure the person to which it is transferred is someone you can trust to make timely payments for the rest of your life, not theirs. And remember, those pesky maintenance fees increase an average of 8% per year, so there’s a high likelihood that your buyer will eventually tire of making payments. When that happens, your timeshare company will find you and demand payment in arrears.
What’s more, the use of quitclaim deeds has also allowed fraudulent charities to trick unsuspecting timeshare owners into thinking they have transferred title to the charity as a donation. Instead, the charity will take your “donation fee,” and simply stop payment to the timeshare at some point in the future, leaving you, the original owner, on the hook for payment. Here’s an article from the San Francisco Chronicle on quitclaim deeds.
So if you can’t sell it or rent it, and you can’t even give it away, what can you do?
3. The only foolproof way to rid yourself of a timeshare is to legally cancel the contract
This means that you must negotiate directly with the timeshare company and convince them to issue an official release. Timeshare cancellation companies do this by holding timeshares accountable for the misdeeds of their salespeople, which include FTC and FDCPA violations, omissions of fact, and outright exaggerations. We’ve put together a list of companies that have a good track record of doing just that:
Finn Law (Pinellas Park, FL)
Timeshare Exit Team (Bellevue, WA)
Timeshare Compliance (Aliso Viejo, CA)
National Cancellation (Springfield, MO)
Sapphire Timeshare Cancellation (Orlando, FL)
Whether you go with one of these or another company, just make sure their only method is to negotiate directly with your timeshare. A legitimate company will ask you to sign a limited power of attorney, which gives them authorization to speak to the timeshare on your behalf. They should also keep you updated of their progress each and every month throughout the six to nine month process. Again, this is the only foolproof and legal way to cancel a contract. Stay away from any company that promises to transfer your timeshare to some third-party, or sell your timeshare, rent your timeshare, or donate your timeshare.
4. Most timeshare companies – with the possible exception of Disney – use unlawful sales tactics
Ever wonder why you can’t go down to your local timeshare store to buy a timeshare? You can’t, because the only way to sell a timeshare is to bait you with a gift, wear you down with high pressure sales tactics, and do it all within the confines of a hotel conference room.
Here’s how the whole thing works:
So you’ve taken the bait and you’re sitting in a big hotel conference room with a lot of other people for a 90-minute presentation. The first few minutes are actually kind of fun. The hotel is beautiful, and your host speaker is charismatic and funny. His purpose is to create a game-show atmosphere to get everyone loosened up. He’s good at what he does.
While this is happening, however, you and your spouse are being watched, either from behind the stage or on a closed-circuit camera. The people watching you are the company’s top salespeople, and they’re looking for body language and facial expressions that match up with past successful sales. This ensures that the best salespeople are assigned to those unsuspecting couples with the highest likelihood of buying.
After about 30 minutes of fun and games, the speaker adjourns, and your new salesperson either joins you at your table, or suggests a separate room for the remainder of the presentation. For the next hour or so, she digs for as much personal information as she can, in order to use it later to close the sale. You don’t want to seem rude, so you open up a bit and talk freely, especially since you’ve already been treated to a comedy show of sorts, not to mention the free gift you’re about to receive just for showing up.
Then, suddenly, you are shocked when she hits you with an asking price, a price so outrageously high, that you couldn’t possibly spend that kind of money on a timeshare. You say “No way, I can’t do that”. But unbeknownst to you, that’s exactly what you’re supposed to say. Nobody buys on the first outrageously high offer.
Next comes your big mistake: You don’t immediately get up and leave right after the extremely high asking price. Instead, like most people in this situation, you feel obligated because of that free gift. But here’s the key: By not leaving, you are establishing an unspoken agreement between you and the salesperson, which is purely psychological, but powerful nonetheless. The agreement is that your only objection is price, and that you would buy if the price were right. Otherwise, why are you still here listening to the presentation?
Thirty minutes later, or in many cases several hours later, the price is lowered to only a fraction of the original offer, and this is where you finally say, “What the heck, Honey. We deserve more vacations!”
Up until this point, you’ve been subjected to a lot of psychological manipulation, which is not unlawful. However, once you sign that contract, the timeshare has very likely violated consumer protection law. At no point in the presentation did your salesperson inform you of critical information that any reasonable person would want to know when buying a timeshare. You were most certainly not informed of the existence of the secondary market where timeshares just like yours are listed on eBay or next to nothing. You were not informed that the IRS values your timeshare as worthless, regardless of the final price you paid. Chances are good that you were also given an unnecessarily high interest rate as well. Your salesperson probably told you that she personally owned a timeshare herself, when in fact she never has. You were not informed of ever increasing assessment fees and maintenance fees. You were very likely rushed through the contract without actually reading it word for word, after having been passed from one sales person to another (rotation sales) in order to mentally wear you down.
How do we know all these things occurred? Because our clients tell us. We know how timeshares are sold.
5. Timeshares use their ‘A’ rating with the Better Business Bureau to give you a false sense of security
Truth be told, it’s very easy to get an ‘A’ rating with the BBB. That’s partly because the Better Business Bureau is not actually a government bureau; it’s a private company that charges fees for accreditation. The fees can be so expensive that even companies like Starbucks and Microsoft choose not to pay the BBB, and instead remain unaccredited. So just because a company is accredited, and just because a company has an ‘A’ rating with the BBB, doesn’t necessarily mean it’s a good company.
Instead, look to see how many complaints and bad reviews are listed on the timeshare’s BBB page. The one thing the BBB does right, is the documenting of official complaints and bad reviews. So compare the ratio of negative to positive. Most timeshares have a ratio of one good review for every 25 bad reviews. That’s a red flag regardless of the timeshare’s ‘A’ rating.
6. Timeshare companies plan ahead for the possibility that you will eventually cancel your contract. Here’s how they do it
Timeshares are fully aware that cancellation companies like Sapphire Cancellation are just a google search away from every customer they have. So they know that a certain percentage of customers will eventually figure out how to have their contracts cancelled. This is why they encourage you to open up a new credit card to fund your down payment (often a Barclays or PayPal). Once you do that, the timeshare is guaranteed to receive that money immediately, before you realize your mistake and decide to contact a cancellation company. You can also expect a very high interest rate, regardless of your good credit, in the hope that you will secure a home equity loan at a lower rate, which pays them off before you figure out how to cancel the timeshare.
7. Even the legitimate cancellation companies will give you a quote based on how much money they think you have to spend
How do they gauge what you can spend? By asking how much money you pay each month for your timeshare mortgage, or how much you pay annually for your maintenance fees. While it’s certainly not illegal to negotiate the highest possible price for one’s product or service, we consider this practice to be very ‘used car sales’ like. You tolerated that sort of thing when you got into your timeshare, you shouldn’t have to tolerate it getting out. Sapphire Timeshare Cancellation is the only cancellation firm that charges a reasonable fee, regardless of the amount you pay to your timeshare.
By Tom Heehler