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Hawaii Timeshare Laws
Please be advised that you should not act upon any of this information without seeking proper legal counsel from an attorney experienced in timeshare law. Roberts Law Group makes no representation or warranty regarding the accuracy, reliability, completeness, or timeliness of any information provided. This information is provided for information only. All information posted here should not be used as a substitute for the advice of an appropriately qualified and licensed lawyer.
In the state of Hawaii, timeshare law is administered through the Hawaii Revised Statues, < a href="http://hawaii.gov/dcca/pvl/hrs/hrs_pvl_514e.pdf" target="_blank">Chapter 514E. There is also further administrative rule under the Department of Commerce and Consumer Affairs. The document which describes these timeshare laws is Title 16, Chapter 106.
Right to Cancel a Timeshare Contract in Hawaii
§16-106-20: Under the timeshare laws in Hawaii, a buyer has seven calendar days to cancel a timeshare contract. This time frame may either be seven days after the timeshare contract is signed or after the buyer receives the receipt of the disclosure statement for the timeshare contract. Notice must be sent in person or by mail. You may need assistance from a timeshare attorney to draft these legal documents. According to this timeshare law, if a purchaser requests to cancel a timeshare or timeshare contract, the seller must refund the buyer within fifteen days.
Most timeshares outside the United States are not protected under Hawaii timeshare law. §514E-5.5 states that this includes purchase, operations, and resale. In addition, there are further regulations regarding reselling your timeshare within Hawaii if it was purchased outside the U.S. For example, if you were to purchase a timeshare in Mexico and you wished to cancel your timeshare contract, you most likely would not be protected under the Hawaii right of rescission to timeshare cancellation. It can be very difficult to work with a foreign timeshare company and it is highly suggested that you work with a timeshare lawyer to investigate any timeshare dispute or claim outside the U.S.
Timeshare Foreclosure in Hawaii
In Hawaii, timeshare foreclosure is similar to foreclosure on a mortgage with a traditional real estate property. Per §514E-29, the owners’ association, developer, or any other managing entity may foreclose on an owner who is delinquent in payments or assessments. Under this timeshare law, in Hawaii the associations may include all late fees, timeshare attorney fees, collections costs, and interest in the delinquent lien.
If you have questions about the information provided here, please contact a timeshare attorney to review your options at 1-800-242-0532.
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