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If you buy a timeshare and regret it, most states have "cooling-off" laws. These laws let you cancel a timeshare contract if you act quickly, usually within three to ten days. In Nevada, the deadline to cancel a timeshare contract is five calendar days after the date you executed (signed) the contract. Also, Nevada law provides consumers with several protections when it comes to timeshare transactions. For instance, the timeshare developer can't deceive you when making the sale and must disclose specific information to you by providing a copy of its public offering statement. Even though Nevada law provides protections for timeshare purchasers, you still need to be cautious when buying a timeshare. You should understand that if you take out a mortgage loan to buy a deeded timeshare and stop making the payments, the lender, usually the resort developer, will probably foreclose. In addition, timeshare owners typically must pay annual maintenance fees and special assessments. If, as an owner, you don't pay the fees and assessments, you might face a lawsuit for a money judgment or a foreclosure of your timeshare. (With a right-to-use timeshare, people generally sign a contract and agree to make monthly payments. While a developer may foreclose a deeded timeshare, a right-to-use timeshare is typically repossessed, which is a different legal process than a foreclosure.)
In Nevada, you may cancel, by written notice, a contract of sale for a timeshare purchase up until midnight of the fifth calendar day following the date you signed the contract. The contract of sale must include a statement about your right to cancel the deal. (Nev. Rev. Stat. § 119A.410(1)).
The written notice of cancellation may be:
You may cancel the purchase of a timeshare without penalty or obligation and are legally entitled to get all the money (and other considerations you've given toward the purchase) back. If you cancel, the developer must return all payments within 20 days after receipt of the notice of cancellation. (Nev. Rev. Stat. § 119A.410(4)).
If the developer attempts to get you to waive your cancellation rights, you may void the contract. (Nev. Rev. Stat. § 119A.410(2)).
Look Out for Legal Changes
In this article, you'll find details on timeshare laws in Nevada, with citations to statutes so you can learn more. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consider consulting an attorney.
Timeshare salespeople are known for using hard-sell tactics and misrepresentations to get you to make a snap decision about buying a timeshare. Nevada law protects you in timeshare sale transactions, like by prohibiting deceptive practices, requiring the developer to give you a copy of the public offering statement, and setting certain requirements for timeshare resellers.
Nevada law prohibits timeshare developers or salespeople from engaging in unfair or deceptive acts in a timeshare transaction, including:
The timeshare developer must provide each prospective purchaser with a copy of the developer's public offering statement, which must contain a copy of the developer's permit to sell timeshares. (Nev. Rev. Stat. § 119A.400(1)).
What Is a Public Offering Statement?
A "public offering statement" is an official report that authorizes the developer to sell timeshares. The developer prepares the public offering statement to provide purchasers with basic and relevant information about the timeshare. You shouldn't sign a timeshare contract or agreement before thoroughly reading and understanding it and the public offering statement. Don't rely on oral representations as being correct.
You should also see the exact timeshare project you're considering, or if the timeshare plan is a multi-site plan, you should understand the plan before signing an agreement for a reservation, option, lease, or purchase.
The timeshare broker or sales agent must:
Timeshare owners often find it extremely difficult to sell their timeshares; there's virtually no after-market for them. So, some scam artists falsely tell timeshare owners that they have ready and willing buyers for timeshares—but the timeshare owner must pay hundreds or thousands of dollars in upfront fees to process the transaction.
After the timeshare owner pays the fees, the scammer often disappears, or the buyer never materializes. Nevada law provides some protection to shield consumers from this type of resale scam.
In Nevada, a person who, on behalf of an owner (other than a developer), wishes to list, advertise or promote for resale, or solicit prospective purchasers of timeshares that were previously sold (if they are selling more than 12 units) must:
A timeshare resale broker who charges or collects an advance fee must place 80% of the fee into a trust account. If the broker closes escrow on the timeshare resale, the broker is deemed to have earned the advance fee. (Nev. Rev. Stat. § 119A.4779).
But if the timeshare listing expires before the broker closes escrow on a timeshare resale, the broker must return the money held in the trust account to the owner of the timeshare within ten days after the listing's expiration date. (Nev. Rev. Stat. § 119A.4779).
A timeshare resale agreement must be in writing and contain the following disclosures:
If you take out a loan to purchase an interest in a deeded timeshare and fail to make your timeshare mortgage payments or keep up with the assessments, you could face foreclosure. (In addition to monthly mortgage payments, timeshare owners are ordinarily responsible for maintenance fees, special assessments, utilities, and taxes, collectively referred to as "assessments.")
In Nevada, timeshare foreclosures are typically nonjudicial, which means the foreclosure takes place without court supervision.
A few of the various options to avoid a timeshare foreclosure include:
Be aware that you might have trouble selling or donating the timeshare or completing a deedback. These options are usually difficult to complete or are at the discretion of the developer. You might have better luck working out a settlement. Talk to an attorney to learn more or get assistance in working out a resolution to avoid a timeshare foreclosure.
If you want more information about timeshare laws in Nevada or need assistance canceling a timeshare, consider talking to a real estate attorney.
If you're facing a timeshare foreclosure and have questions about the process or your options, contact a foreclosure attorney.