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Florida 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.
Timeshare laws in Florida are regulated by Florida State Legislature. These laws are put forth to govern and protect both timeshare owners and developers in regards to the sale, promotion, and use of timeshare contracts.
Florida Statutes Title XL, Chapter 721 reviews Vacation and Timeshare Plans, Vacation Clubs, Foreclosure of Liens on Timeshare, and Commissioner of Deeds.
Out of State Timeshares
Florida Statutes 721.03 (c) (3): If you live in the state of Florida and purchase a timeshare in another state or country, you may not be protected under Florida State Law. Timeshare owners may require an attorney familiar with timeshare law to submit a letter to the division for approval of the out-of-state filing.
Timeshare Cancellation in Florida
Florida Statutes 721.10 Cancellation: The purchaser has a “cooling off” period or the right to cancel a timeshare contract within 10 days. Depending on which occurs later, this period can end 10 days after signing the contract or after the date in which the purchaser receives all necessary documents that the seller is required to provide by Section 721.07 (2)(d)2. A purchaser who desires to cancel the purchase contract must notify the seller in writing. “Notify” means that a written notice of cancellation is delivered, by any means, which many include certified mail (return requested), to the entity designated to receive the notice of cancellation. If a purchaser elects to rescind his or her purchase contract, the developer is required to refund to the purchaser the total amount of payments, reduced by the value of any benefits received, within 20 days after the receipt of the notice of cancellation.
Florida Timeshare Resale Laws
Florida Statutes 721.20 (7) Collection of Advance Fees: Timeshare resale law in Florida declares that is prohibited for any broker, broker-salesperson, or salesperson to collect an advance fee for the listing of a timeshare property. Collection of such advanced fee shall be deemed unlawful under Florida timeshare law.
Florida Statutes 721.065 Resale Purchase Agreements: As previously mentioned, in Florida you have 10 days to initiate a timeshare cancellation. However, if you make a timeshare resale purchase, we recommend you have a timeshare attorney review your contract even after it is signed. If the timeshare contract does not comply with Florida State timeshare law, the agreement shall be voidable for up to 1 year by request of the purchaser.
For more information on timeshare laws in Florida, please click here.
If you have questions regarding timeshare laws in Florida, please contact a timeshare attorney to review your options at 1-800-242-0532.
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