Timeshare Law

A timeshare is a unit (typically a condominium- or apartment-style structure) that is shared by multiple parties who each use it at different times of the year. Timeshares are very popular in vacation destinations, allowing part ownership of a property that is only used by each party for a few weeks or so each year. The ownership of timeshares depends on a number of factors, including any applicable state regulations of such arrangements. This section provides basic information about purchasing and owning a stake in a timeshare, particularly the legal implications involved.

There two main types of timeshare arrangements: deeded and non-deeded. For a deeded timeshare, the owner purchases an ownership interest in a piece of real estate that corresponds to a particular week (or weeks) of the year. Unless an exchange is made, that owner’s interest in the unit is limited to the designated week each calendar year. These arrangements often are referred to as Fixed Time or a Fixed Unit.

A non-deeded timeshare typically involves the purchase of a club membership, license, or lease that allows the owner to use the property for a certain amount of time each year. The contract usually states the number of years for which the membership or lease is valid. These also are referred to as Floating Time arrangements. A Seasonal Floating arrangement is similar, but reservations for time are limited to a particular season.

Before buying into a timeshare arrangement, make sure you’ve had time to thoroughly research your options and take stock of whether it makes sense for you. One common way to sell timeshares is to offer “free” vacations where the guests are all potential customers; but it’s a good idea to wait until you get home before deciding. You should consider the following factors before you decide to buy:

Practical Factors in General – How long will you be interested in vacationing at this particular location? Would you prefer a variety of vacation destinations?

Investment Potential – While a second or vacation home is much more expensive than a timeshare, timeshares usually sell at a loss
Total Costs – Besides the cost of the timeshare itself, you may have additional mortgage costs, closing costs, broker fees, finance charges, and more

Document Review – As with buying a home outright, buying into a timeshare involves the signing of a binding contract, so ask an attorney to review the documentation if you are unsure about its provisions

Properties Abroad – Memberships and timeshare ownerships are subject to the jurisdiction of the country in which they’re located, without the protections of U.S. contract law

You also may want to see a review of the developer’s (or management company’s) background and current maintenance budget. Contact local real estate agents or the Better Business Bureau for more information.

Timeshares are regulated to some degree in most states, often with specific protections for buyers and limited rights to cancel the purchase. Call us to discuss specific Utah law on Timeshares.

Timeshare Lawyer Free Consultation

When you need legal help with Timeshare Law, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

See Full Bio