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California 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.
California timeshare law is administered through the Vacation Ownership and Time-Share Act of 2004 under the California Business and Professions Code. This governs any timeshare sold in California. Whether the timeshare is located in California or out of state, it falls under California timeshare laws according to Code Section 11211. There are a few restrictions to this statute, which are explained below. A timeshare attorney can help you to understand these restrictions should your ownership fall under these timeshare laws.
Right to Cancel a Timeshare in California
Under California law, a purchaser has the right to cancel a timeshare contract up to seven calendar days (or longer as agreed by the parties) after the timeshare contract is signed as described in Code Section 11239.
Out of Country Timeshare and “Low-Priced” Timeshares
Timeshares purchased outside the United States are not regulated by California timeshare laws. This includes the right of rescission period. Additionally, Code Section 11211 states that timeshares purchased at a price equal to or less than $3,000 are not regulated under California timeshare laws. This also includes those timeshares whose financial obligations are equal to or less than $3,000 in total, according to the department of real estate.
California Timeshare Resale Laws
Perhaps the most important resale timeshare law in California is Code Section 10146. This states that anyone who collects or contracts for an upfront fee for sale or resale of a timeshare property must be a licensed real estate broker. Therefore, any salesperson collecting an advanced fee for sale is in violation of the code without proper licensing.
For more information on California timeshare law, click here.
If you have questions regarding any of the above information, please contact a timeshare attorney to review your options at 1-800-242-0532.
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