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Oregon 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.
The primary laws governing the creation and regulation of timeshare in Oregon are Chapter 94 of the Oregon Revised Code, which is entitled Real Property Development. Oregon recognizes the need to protect timeshare purchasers and owners, as described in the §94.806 of the code. The legislature wishes to protect timeshare owners by promulgating laws for timeshare sales, resale, and timeshare listing companies. A timeshare is defined as a timeshare estate or timeshare license.
Oregon’s Right of Rescission for a Timeshare Contract
In Oregon, under 94.836, a purchaser holds the right to cancel a timeshare contract within five calendar days from when the contract is executed. (This right cannot be waived.) However, if no address is provided to the purchaser as to where to send their written notification to cancel a timeshare, this five day period begins once that information is provided. The buyer must submit this notice by certified mail with a return receipt requested. The notice of cancellation right must be either on the first page of the first written agreement for the sale, which is signed by the purchaser, or on a separate sheet attached to the first page.
After the five day time period has run, the developer reserves the right to have the purchaser sign a statement renouncing the notice to cancel a timeshare contract. This right cannot be waived before the five day time frame.
Timeshare Advertising Laws in Oregon
Under timeshare law 94.945, it is deemed unlawful for any developer or salesperson involved with a timeshare sale or offering to publish or use any advertisements which include false or misleading statements. These advertisements include but are not limited to newspapers, radio, brochures, print, and television ads.
Timeshare Sales Fraud
In Oregon, if any timeshare developer or salesperson that is found to employ any acts or scheme in which the state deems as fraud, they will be in violation of timeshare law 94.940. This includes any a false statements in regards to the timeshare contract or timeshare ownership, conducting a misleading presentation or sales script, or failing to make any statements clear in order to deceive the purchaser.
Contact us at 1-800-242-0532 for assistance. A lawyer experienced in Oregon timeshare law can provide the representation you need to successfully deal with your unique situation.
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