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State Consumer Protections in Timeshare Resales
Only a handful of states have enacted specific provisions regarding timeshare resales as of 2011. The following states have sections in their timeshare laws regulating timeshare resales and requiring certain disclosures to timeshare buyers and sellers: Connecticut, Florida, Illinois, Nevada and Tennessee. Both Connecticut and Illinois clearly state that all timeshare resellers must have real estate licenses in their states. Links to these state provisions appear below.
Resale Purchase Agreements
(see Sec. 5-40)
(go to Title 66, then Chapter 32, then Section 66-32-137)
requires that any upfront fees (“advance fees”) paid in real estate transactions conducted by licensed brokers (including most timeshare resales) be escrowed for the protection of the seller.
If you as a seller or buyer live in any of the six states listed above or if the timeshare is located in any of the above states, the listed provisions may apply to your transactions.
In most states, if you engage an independent agent to help you sell your timeshare, that agent will likely need to have a state real estate license. However, if the agent is only providing a vehicle for you to advertise your timeshare for sale (such as a newspaper, magazine or advertising website), that person or entity may not be required to hold a real estate license.
If you have questions about what law or laws apply, you should inquire with the Real Estate Commission where you live (buyer or seller) or where your timeshare is located or with the regulatory agency for timeshares. Information on these agencies may be found
How real estate laws are interpreted and applied in any given situation varies from state to state.
If you use a licensed real estate broker or sales person to buy or to sell, you have protections in the real estate licensing law, including certain disclosures to both buyer and seller and you will generally only pay a commission when a sale actually occurs. If a licensed broker or sales person commits fraud or a violation of the real estate licensing law, they may have their license suspended or revoked by the state or be subject to other penalties.
Among their many other responsibilities, state attorneys general are usually responsible for enforcing general anti-fraud laws, such as a Consumer Protection Act, Trade Practices Act, or Unfair and Deceptive Practices Act. If you believe you are a victim of timeshare resale fraud, you should report the facts to your state attorney general. However, do not expect immediate action on your individual case as it often takes a large number of consumer complaints in order for law enforcement officials to take action. Find the link to all state attorneys general
State Consumer Protections
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