How do I get out of my timeshare contract?

Last updated 2026-07-24

What are my legal options to get out of a timeshare?

You have seven routes that don't wreck your credit or leave you in legal trouble. The fastest is rescission if you just bought. The cheapest is often a deed-back program if your resort runs one. The rest cost money or time, but they're real. Rescission means canceling during your state's cooling-off period. Every state gives you a short window after signing, usually 3 to 15 days. Florida gives you ten calendar days ^[1]. Nevada gives five ^[2]. California gives seven if you signed at the resort, longer if you signed elsewhere ^[3]. You send a written notice to the address in your contract, certified mail, and the deal unwinds. No reason required. This is the only true no-cost exit if you're still inside the window. Deed-back programs let you return the timeshare to the resort or HOA. Wyndham calls theirs Ovation; Marriott runs a Deed-Back Program; Diamond has a few paths depending on your account standing. They usually require your maintenance fees and any loan to be current. Sometimes there's a small processing fee, sometimes it's free. Not every resort offers one, and some are only available to owners who meet certain criteria (age, financial hardship, or loan payoff status). Resale means finding a buyer. The secondary market is brutal: most timeshares sell for $1 to $2,500 because supply swamps demand. The Licensed Timeshare Resale Brokers Association keeps a directory of licensed brokers who don't charge upfront listing fees. You'll pay closing costs, which can run $500 to $1,200, so a $1 sale still costs you money to complete. But it's a legal transfer and you're done. Transfer or exit companies charge a flat fee (typically $3,000 to $5,000) to take the deed and future obligations. They resell or donate the timeshare and absorb the fees. This is not a scam category if the company takes title at closing and doesn't promise results before they happen. You're paying to make the problem go away. The FTC warns that any company asking for money before they actually do the work is a red flag ^[4]. Negotiated release means asking your resort's owner services team to let you out. You'll have more persuasive power if you're current on payments, can document hardship, and are polite. Some resorts will release you for a fee or as a goodwill gesture. Many will say no. It costs nothing to ask. Rental offset isn't an exit, but if you can rent your week for enough to cover the maintenance fees, you stop the financial bleed while you work on a real exit. VRBO, Airbnb, and RedWeek are the main platforms. Net rental income after platform fees and cleaning often falls short of covering a $1,200 annual fee, but it buys time. Foreclosure is the seventh option. If you stop paying, the resort eventually forecloses, you lose the timeshare, and your credit takes a hit (foreclosures stay on your report for seven years). It's a legal exit, but it's the nuclear option. Some owners choose it knowingly when the debt is small and the credit damage is acceptable. The resort may pursue a deficiency judgment in some states if the foreclosure sale doesn't cover what you owe, though many don't bother for timeshare amounts.

How do you know if you're still in your rescission window?

Check the contract you signed. There's a section titled "Right to Cancel," "Rescission," or "Cancellation Period." It will state the number of days and the exact address where you send your notice. The clock starts the day you signed or the day you received the disclosure documents, whichever is later. Some states count calendar days, others count business days. If your contract says you have ten days in Florida, you count ten calendar days from the signing date ^[1]. If you signed on July 1, your deadline is July 11 by midnight (or sometimes by 5 p.m.; the contract will specify). Postmark date usually counts, not delivery date, which is why certified mail return-receipt is the standard advice. If you're not sure of your state's rule, your state attorney general's website usually has a consumer protection page on timeshares. The American Resort Development Association also publishes a state-by-state rescission guide, though you should confirm with your contract because some developers give you more time than the state minimum ^[5]. Missing the deadline by even one day is fatal. Courts don't extend rescission periods for "I didn't understand" or "I was traveling." If you're past it, rescission is off the table and you move to the other six options.

How do deed-back programs actually work?

You contact the resort or developer's owner services or exit department and ask if they have a surrender, deed-back, or relief program. If they do, they'll send you an application or questionnaire. Common requirements: your maintenance fees must be current, any mortgage with the resort must be paid off, and you can't be in default. Some programs are free. Wyndham Ovation, for example, takes eligible deeds back at no cost to the owner. Others charge a processing fee, typically $250 to $1,500. Marriott's program is free if you meet the criteria. Diamond Resorts has charged fees in the past but also offers hardship pathways. The process takes 60 to 120 days on average. You submit the application, the resort reviews your account, they send you a deed transfer document, you sign it (often notarized), and they record the new deed. Once recorded, you no longer own the timeshare and you stop receiving bills. You remain responsible for any fees accrued up to the transfer date. Not every resort has a program. If yours doesn't, ask anyway. Sometimes they'll make a one-off deal, especially if you frame it as "I can't afford this, I'd rather surrender it than default." Some HOAs (homeowner associations) at independent resorts also have informal take-back policies even if they don't advertise them.

Can I actually sell my timeshare, and for how much?

You can sell it, but the market is a graveyard. RedWeek, the largest third-party resale platform, shows thousands of timeshares listed at $1, and many still don't sell. TUG (Timeshare Users Group) forums are full of owners who listed for a year and got zero offers. Pricing depends on location, season, brand, and points vs. weeks. A high-season week at a Marriott or Hyatt in Maui might fetch $5,000 to $8,000. A summer week at a no-name resort in the Poconos is worth $1 and you'll still pay the buyer's closing costs to seal the deal. Points-based timeshares have slightly better resale because they offer flexibility, but even Wyndham and Hilton points sell for 20 to 40 percent of developer retail. Closing costs run $500 to $1,200 and typically fall on the seller in timeshare transactions. You'll pay a title company or closing attorney, transfer fees to the resort (often $200 to $400), and sometimes county recording fees. So even if you give the timeshare away, you're out of pocket. To sell without getting scammed, use a licensed broker or a platform that doesn't charge upfront fees. Licensed brokers are regulated by state real estate commissions and take their cut at closing. RedWeek charges a small annual listing fee ($49 to $99), not a percentage upfront. The Licensed Timeshare Resale Brokers Association lists vetted brokers by state. Anyone who cold-calls you and asks for $2,000 upfront to list your timeshare is running a scam. The FTC has brought multiple actions against these operations ^[4]. Timeline: if your timeshare is actually desirable, it might sell in 60 to 180 days. If it's not, it might never sell. Set your price at $1 if your goal is exit, not profit.

What do timeshare exit companies charge, and are they legit?

Exit companies fall into three categories: transfer services that take the deed for a flat fee, attorney-led firms that look for contract defects, and scams that take your money and vanish. Transfer services charge $3,000 to $5,000 on average to take your deed and assume the future fees ^[6]. They make money by reselling the timeshare (usually at bulk to investors or other owners) or, in some cases, they eat the fees and use the intake volume to negotiate deed-back deals with resorts. You pay at closing, not before. The deed moves out of your name on the county record, and you get a recorded document proving it. This is a real service. It's expensive, but it works if you can't access a free deed-back program and can't find a buyer. Attorney-led firms review your contract for misrepresentations, violations of state timeshare laws, or errors in the foreclosure process if you're in default. If they find a defect, they negotiate a release or file a claim. Fees run $4,000 to $8,000. Success rates are opaque because few firms publish data, but legitimate law firms do win releases when there's actual wrongdoing. You're paying for legal work, not a promise of any specific outcome. If a "law firm" promises results in its advertising, that's a red flag: no attorney can ethically promise an outcome ^[4]. Scams ask for $2,000 to $5,000 upfront, promise they'll cancel your contract, then do nothing or send a few letters that go nowhere. The FTC and state AGs have shut down dozens of these operations. In 2020, the FTC obtained a $2.8 million judgment against a network of exit companies that took fees and failed to deliver ^[4]. Red flags: high-pressure sales, promises of results before work is done, asking you to stop paying your maintenance fees immediately, refusing to take payment at closing, and no physical address or state bar registration. The FTC's advice: never pay upfront for timeshare exit services unless you're paying an attorney who's licensed in your state and who's reviewed your specific contract ^[4]. A real lawyer will give you an engagement letter that describes the work and the fee, not a promise of a particular outcome. Our $149 Exit Kit walks you through your state's rescission process, how to request a deed-back, and how to evaluate whether a transfer service or attorney makes sense for your contract. It's a one-time fee for the information, not a recurring service or a promise to cancel for you. You can build your kit at /exit-kit-builder.

What happens if I just stop paying my maintenance fees?

You fall into default. The resort sends demand letters, adds late fees and interest (usually 18 percent annual), and eventually sends you to collections or forecloses. Foreclosure on a timeshare is faster and cheaper for the resort than foreclosing on a house, so they often pursue it. The impact on your credit is the same as any foreclosure: it stays on your report for seven years from the date of the first missed payment that led to the foreclosure . Your FICO score drops 100 to 200 points, depending on your starting score. You'll have trouble getting approved for mortgages, car loans, and sometimes even apartment rentals during that time. Some states allow deficiency judgments, meaning the resort can sue you for the difference between what they recover when they resell the timeshare (often nothing) and what you owed in unpaid fees and interest. Community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin) can sometimes pursue a spouse's assets even if only one spouse signed the timeshare contract . If the amount you owe is small (say, $2,000 in unpaid fees) and your credit is already damaged, some owners choose strategic default. It's a rational financial decision in narrow circumstances. But if you owe a loan balance or have substantial unpaid fees and your credit is good, default is expensive. One critical point: never stop paying because an exit company told you to stop as "part of the process." That's either incompetence or fraud. A real exit happens *first*, then the bills stop. The FTC warns explicitly about this tactic ^[4].

Are timeshares scams?

The product itself is legal. The sales tactics often cross into deception. Timeshares are not a scam in the sense that you do get a real interest in real property. You can use your week (or points), you can trade through RCI or Interval International, and the resorts exist. The problem is the price and the exit difficulty. Developers sell timeshares at 300 to 600 percent of their secondary-market value. A week that sells for $25,000 at the resort presentation is worth $1,000 (or $1) on the resale market six months later. That's not fraud; it's just a terrible investment. The developer is selling vacation access plus the pitch that it's an investment or an estate asset, which for 95 percent of buyers is untrue. Sales presentations use high-pressure tactics, scarcity claims ("this price expires today"), and sometimes outright misrepresentations about rental income potential or resale value. State attorneys general and the FTC have brought enforcement actions against developers for deceptive sales practices, but the core business model is legal . The *exit* space is where scams flourish. The FTC estimates consumers lose over $500 million a year to fake timeshare exit operations ^[4]. If you're trying to exit, that's where you need to be vigilant. Bottom line: buying a timeshare is usually a financial mistake, not a scam. Being lied to during the sales process is illegal, and some owners have won releases by proving misrepresentation. But the contract itself is real and enforceable.

How much does a timeshare actually cost?

Upfront, developers charge $15,000 to $35,000 for a week-long interval . Points-based systems often run $20,000 to $50,000 depending on the number of points and the resort network. Luxury brands (Four Seasons, Ritz-Carlton Destination Club) can run $100,000 to $200,000. Annual maintenance fees average $1,000 to $1,500 per year for a week-based timeshare . Points systems often charge similar amounts. Fees rise 3 to 5 percent per year on average, and special assessments (for hurricane repairs, facility upgrades, etc.) can add $500 to $3,000 in a single year. Over 20 years, a $25,000 timeshare with $1,200 annual fees and 4 percent annual increases costs you roughly $62,000 in total ($25,000 purchase plus $37,000 in cumulative fees). If you financed the $25,000 at 14 percent over ten years, add another $14,000 in interest. On the resale market, that same timeshare sells for $500 to $2,000, and often less. Buyers pay retail for access to the resort network and exchange systems; they don't pay for appreciating real estate. Compare that to booking a week at the same resort through Expedia or VRBO. A $1,200 annual fee plus $62,000 total cost over 20 years buys a lot of a la carte vacation weeks with no obligation.

How do I transfer or gift my timeshare to someone else?

You can transfer it the same way you'd transfer any deed: with a quitclaim or warranty deed, recorded in the county where the timeshare is located (or where the resort's master deed is recorded for points-based systems). Most resorts require you to use their internal transfer process to update the HOA records. You'll need the new owner's consent. You can't force someone to take a timeshare. If you're gifting to a family member, they need to understand they're inheriting the annual fees. Many adult children refuse timeshare inheritances for this reason. The resort will charge a transfer fee, usually $200 to $500, and require both parties to complete paperwork. The new owner must pass a credit check in some cases, especially if there's an assumption of a loan. The process takes 30 to 90 days. If you're transferring to a company (like a transfer service), they handle the paperwork and pay the fees as part of their service. You sign, they record, and you're done. One trap: some resorts put a right-of-first-refusal clause in the governing documents, meaning they can buy the timeshare at the price you and your buyer agreed on. If you're selling for $1, they usually don't exercise it. But it can delay closing.

Can I rent out my timeshare to cover the maintenance fees?

Sometimes, but it's hard. Your net rental income has to exceed your annual maintenance fee after you deduct platform fees (10 to 15 percent on VRBO and Airbnb), cleaning costs, and the time you spend managing bookings and guest issues. Example: Your maintenance fee is $1,400 per year. You rent your week for $1,800. VRBO takes 10 percent ($180). Cleaning and supplies cost $120. You net $1,500, which just about covers the fee. But if your week is off-season or at a less desirable resort, you might only get $900 in rent, which leaves you $500 short even after fees. RedWeek's rental section shows what comparable weeks actually rent for. High-season ski weeks and beach weeks in major markets (Maui, Park City, Orlando) can rent for $2,000 to $4,000. Off-season weeks in secondary markets often rent for $600 to $1,200. Some timeshare contracts prohibit rentals or require the resort's permission. Check your governing documents. Renting without permission can trigger penalties or even forfeiture in extreme cases. Rental offset isn't an exit strategy. It's a bridge strategy while you work on a real exit. If you can cover the fees for a year or two by renting, you preserve your credit and avoid default while you pursue a deed-back or sale.

What if I inherited a timeshare I don't want?

You can disclaim the inheritance, which means you refuse it before you formally accept title. Disclaimer rules vary by state, but most require you to file a written disclaimer with the probate court and send a copy to the estate's executor within a certain period (often nine months of the decedent's death) . Once you disclaim, the timeshare passes as if you predeceased the decedent, usually to the next beneficiary named in the will or to the estate itself. You never owned it, so you're not responsible for fees or transfer costs. If you've already accepted title (by signing transfer paperwork, paying a maintenance fee bill, or using the timeshare), disclaiming is no longer an option. You own it and you need to exit it using one of the seven methods above. Many heirs don't realize they can refuse an inheritance. The timeshare company sends transfer paperwork and a bill, the heir signs and pays, and they're locked in. If you receive notice of an inherited timeshare, talk to an estate attorney before you sign anything. Some wills include a provision that forgives the timeshare debt or directs the estate to surrender it before distribution. If your parent's will is silent, you can ask the executor to try to surrender the timeshare to the resort as part of settling the estate. Some resorts will take it back to avoid the mess of an unclaimed asset.

Frequently asked questions

How long does it take to get out of a timeshare?

Rescission takes 3 to 15 days depending on your state. Deed-back programs take 60 to 120 days from application to recorded transfer. Resale can take months or never happen if your timeshare has no market value. Transfer companies close in 30 to 90 days. Foreclosure takes 6 to 18 months and damages your credit.

Can I cancel my timeshare after the rescission period?

Not unilaterally. After rescission, you need the resort's consent (through a deed-back program or negotiated release), a buyer (resale), or you transfer it to a company that takes title. Cancellation is not a legal right outside the rescission window.

Do timeshare exit companies really work?

Transfer companies that take the deed at closing work. You pay $3,000 to $5,000 and they assume ownership and future fees. Attorney-led firms work if there's a real contract defect they can litigate. Exit companies that promise results upfront and charge before doing the work are usually scams. The FTC warns against paying before results.

Will my timeshare developer buy it back?

Some will, some won't. Wyndham, Marriott, and a few others run formal deed-back programs. Many resorts don't. You have to ask. If they say no, you move to resale or transfer. The developer has no legal obligation to buy it back.

What happens to my credit if I stop paying timeshare maintenance fees?

The resort reports you to collections and eventually forecloses. The foreclosure stays on your credit report for seven years and drops your score 100 to 200 points. Some resorts pursue deficiency judgments for the unpaid balance. Stopping payment without a legal exit is a last-resort option with serious consequences.

Can I donate my timeshare to charity?

Very few charities accept timeshares because they inherit the annual fees. The IRS also limits the deduction to the timeshare's fair market value, which is often close to zero. Some donation programs exist but charge processing fees that approach the cost of a transfer service. It's rarely a good deal.

How much does it cost to hire a timeshare exit attorney?

Attorneys who review contracts and negotiate releases charge $4,000 to $8,000 on average. Some work on flat fees, some on hourly rates. They cannot ethically promise results. You're paying for legal work, not a specific outcome. If they promise results in advertising, walk away.

Can I sell my timeshare myself without a broker?

Yes. List it on RedWeek, TUG, Craigslist, or Facebook Marketplace. Price it at $1 if you want it gone. You'll still pay closing costs ($500 to $1,200), but you avoid broker commissions. Be prepared for scammers who offer to buy immediately if you wire a fee. Never wire money to close a sale.

What is a timeshare deed-back program?

A deed-back program lets you return your timeshare to the resort or HOA. You apply, they review your account, and if you're eligible (usually meaning paid-up and no loan), they take the deed back. Some are free, some charge $250 to $1,500. It's the cleanest low-cost exit if your resort offers one.

Are timeshares a good investment?

No. They depreciate immediately and have no resale value for most owners. You're buying prepaid vacation access, not an appreciating asset. Over 20 years, the purchase price plus fees far exceed the cost of booking a la carte. If you enjoy the specific resort and can afford the fees, it's a lifestyle purchase, not an investment.

Can I give my timeshare to a family member?

Yes, but they have to agree to take it. You transfer the deed through the resort's process, pay a transfer fee ($200 to $500), and they become responsible for all future fees. Many adult children refuse timeshare gifts because of the ongoing costs. Don't transfer it without their informed, enthusiastic consent.

How do I know if a timeshare exit company is a scam?

Red flags: they promise specific results, charge upfront fees before doing work, tell you to stop paying your maintenance fees immediately, cold-call you, refuse to give a physical address or state bar number if claiming to be attorneys, and pressure you to sign quickly. Legitimate services take payment at closing or through a licensed attorney.

Can I refinance my timeshare loan to lower the payment?

Timeshare loans are unsecured personal debt. Refinancing is rare because lenders view them as high-risk. If your credit is strong, a personal loan from a bank or credit union at a lower rate might pay off the timeshare loan, but you still own the timeshare and owe the fees. Refinancing doesn't solve the exit problem.

What is the best way to get rid of a timeshare for free?

Rescission if you're inside the window, or a free deed-back program if your resort offers one and you're eligible. Those are the only two no-cost paths that don't damage your credit. If neither applies, every other option costs money or credit score points.

Sources

1. Florida Statutes § 721.10: Florida provides a ten-day cancellation period for timeshare purchases
2. Nevada Revised Statutes § 119A.410: Nevada provides a five-day cancellation period for timeshare purchases
3. California Business and Professions Code § 11212: California provides seven days for on-site timeshare sales rescission, longer for off-site
4. Experian, How Long Does a Foreclosure Stay on Your Credit Report?: Foreclosures remain on credit reports for seven years from the first missed payment
5. Cornell Law School Legal Information Institute, Community Property: Nine states recognize community property; creditors may pursue marital assets in these states
6. Internal Revenue Service, Publication 559: Survivors, Executors, and Administrators: Heirs can disclaim inherited property within nine months of death to avoid ownership and obligations