Division of Florida Condominiums, Timeshares, and Mobile Homes
Frequently Asked Questions - Reselling Your Florida Timeshare Week
1. I want to sell my timeshare week that I own at a resort located in Florida. Does Florida law apply to the manner in which I sell it?
Yes. Florida law requires that sellers use a resale purchase agreement that complies with the requirements of section 721.065, F.S. That section requires that resale agreements contain certain disclosures to the buyer concerning the current amount of annual assessments, property taxes, delinquent assessments, and late charges (if any), the first year in which the purchaser may use the timeshare, as well as a 10-day contract cancellation period. Failure to include the required language in the resale contract automatically makes the contract voidable at the option of the purchaser for a period of one year after the date of closing.
Cite: Section 721.065, F.S.
2. I have been contacted by several companies that promise they can sell my timeshare week for me. What does the law provide regarding these companies?
Florida law prohibits a real estate broker or salesperson from collecting any advance fee for listing a Florida timeshare week for resale. However, there are many different kinds of companies in existence that claim they can sell your timeshare for you, if you pay them in advance. Consumers should be aware that once they pay an up-front fee, even if the fee turns out to be a violation of Florida’s advance fee law, there is no guarantee that the money can ever be recovered if your timeshare is not sold. Statements such as “I have a buyer waiting to purchase your week” are not likely to be true. Remember that reselling a timeshare can be a difficult prospect. If an offer or promise sounds too good to be true, it probably is.
Cite: Section 721.20(6), F.S.
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