Letter to cancel timeshare before rescission period expires

Last updated 2026-07-24

What is the rescission period and how long do you have?

The rescission period is a statutory cooling-off window during which you can cancel a timeshare contract for any reason, no questions asked, and get a full refund of your deposit and payments. Every state that permits timeshare sales mandates this period, and federal law requires developers to disclose it. ^[1] The length of that window varies by state. Florida gives you 10 calendar days from signing the contract or receiving the public offering statement, whichever is later. ^[2] Nevada allows 5 calendar days. ^[3] California gives 7 calendar days. ^[4] Tennessee provides 10 days. The clock starts the day you sign or the day you receive all required disclosures, depending on state law. Your contract's first few pages, often in a bold or boxed section, will state your specific rescission period and the exact procedure you must follow. That language is there because the law requires it. Read that section word for word. If your contract says you have 10 days and gives two mailing addresses (one for overnight, one for certified mail), you must use those addresses and meet that deadline. Missing the window by even one day typically voids your right to a statutory refund. Rescission is the single cheapest, cleanest, and most effective way to exit a timeshare. It costs you a stamp and a certified mail fee. No lawyer, no exit company, no negotiation. For a full state-by-state breakdown, see how to get out of a timeshare.

What must your rescission letter include?

State statutes rarely prescribe exact letter language, but they do require clear, written notice of your intent to cancel. Your contract will often include a sample cancellation form or specify required elements. At minimum, your letter must contain: • A clear statement that you are canceling or rescinding the contract • Your name exactly as it appears on the contract • Your contract or purchase agreement number • The date you signed the contract • The property name and location • Your current mailing address • Your signature and the date you're signing the rescission letter Some states or developers require you to include the date you received the public offering statement or disclosure document if that date is later than your signing date. If your contract lists any additional items, include them. Do not argue, explain, or give reasons. You are exercising a statutory right, not asking permission. A sample rescission letter might read: "I am exercising my right to cancel the timeshare purchase agreement I signed on [date] for [property name], contract number [number]. I revoke this contract under [state] law. My mailing address is [address]. Signed, [your name], [date]." That's enough. You can be more detailed, but keep it factual. Never write anything that could be construed as acknowledging debt or waiving rights. For more on the full timeshare cancellation process, including what happens after you mail the letter, follow that link.

Where do you send the rescission letter?

Your contract will specify one or more mailing addresses for cancellation notices. Many developers list separate addresses for regular mail, certified mail, and overnight courier. Use the address designated for cancellation or rescission, not the general customer service or billing address. Send your letter by certified mail with return receipt requested, even if the contract says regular mail is acceptable. The return receipt is your proof of delivery and the date the developer received your notice. Some states measure the deadline by the postmark date; others measure by the date the developer receives the letter. ^{[2] [3]} Certified mail covers both: the postmark proves when you mailed it, and the return receipt proves when it arrived. If the contract lists an address for overnight delivery and you're close to the deadline, use FedEx or UPS with signature confirmation and keep the tracking record. Mail your letter early in the rescission window if possible. If you're on day 9 of a 10-day window and relying on the postmark, you're cutting it very close. Some developers also accept rescission via email or fax, but unless your contract explicitly says electronic delivery satisfies the rescission notice requirement, do not rely on it. Paper and certified mail is the universally accepted method. Keep a photocopy of your letter, the certified mail receipt, and the return receipt card. If the developer later claims they never received your notice, you have documentary proof.

Can you use email or a phone call to cancel?

No. State rescission statutes require written notice. A phone call does not create a legal record and will not protect you. An email might be acceptable if your contract explicitly allows electronic rescission notices and you get a delivery confirmation, but most contracts do not permit it. If you call the developer to ask about cancellation, they may tell you rescission is possible and offer to send you a form. That's fine, but do not stop there. Send your own written letter by certified mail within the deadline, even if the developer also sends you a form to complete. Developers sometimes delay or misplace forms, and you cannot afford to miss the window. The Federal Trade Commission warns that timeshare sellers sometimes discourage rescission or imply you must have a "valid reason" to cancel. ^[1] You do not. The rescission right is unconditional during the statutory period. If anyone tells you otherwise, ignore them and mail your letter. After you've mailed your rescission letter, you can call to confirm receipt once you see the certified mail was delivered, but the call is not legally necessary. The letter and proof of delivery are your protection.

What happens after you send the rescission letter?

Once the developer receives your timely rescission notice, the contract is void. State law typically requires the developer to refund all payments you made, including your deposit and any financing charges, within a set period (often 20 to 45 days). ^{[2] [4]} The developer must also cancel any promissory note or financing you signed and release you from all obligations. You will receive a refund check by mail. If you paid by credit card, the charge should be reversed. If you financed the purchase through the developer or a third-party lender, the note should be marked canceled and you should receive written confirmation. Keep all of this paperwork. If the developer does not refund your money within the statutory period, contact your state attorney general's consumer protection division and file a complaint. Every state AG has a complaint form on their website. You can also file a complaint with the Federal Trade Commission at https://reportfraud.ftc.gov. ^[5] These agencies track patterns of noncompliance and can pressure developers to comply. If you financed the purchase and the lender continues to demand payment after you've rescinded, send the lender a copy of your rescission letter, the certified mail receipt, and the return receipt. The lender is legally required to honor a valid rescission. If they do not, consult a consumer protection attorney. Many will take these cases on contingency because the law provides for damages and attorney's fees when a creditor violates rescission rights. For what to do if you're already past the rescission window, see how do you get out of a timeshare for deed-back programs, resale realities, and warnings about exit companies.

What if you're past the rescission deadline?

If you're past your state's rescission period, you no longer have an automatic statutory right to cancel and get a refund. The contract is binding. Your options narrow significantly and none are as clean or certain as rescission. You can try to sell the timeshare on the resale market, but most timeshares have little to no resale value. The licensed broker site RedWeek and the Timeshare Users Group forums show thousands of listings at $1 or even listed as "free to take over." Maintenance fees often exceed any realistic sale price. If you do list it, use a licensed real estate broker and never pay large upfront fees to a resale company. The FTC has issued repeated warnings about resale scams that charge thousands of dollars and never deliver a buyer. ^[5] Many developers now offer deed-back or surrender programs that let you return the timeshare to the resort, but acceptance is at the developer's discretion. Wyndham's Pathways program, Marriott's exit options, and Hilton Grand Vacations' deed-back program all have eligibility requirements (usually current on maintenance fees, no outstanding loan, and ownership for a minimum period). Contact your resort's owner services department directly and ask if a deed-back or surrender program exists. Do not pay a third party to do this for you. Some owners turn to timeshare exit companies. Many are legitimate, but the industry is thick with scams. The FTC and attorneys general in multiple states have sued exit companies for charging $4,000 to $15,000 upfront and failing to deliver exits. ^[5] If you consider hiring an exit firm, verify they do not charge fees before delivering results, check their Better Business Bureau record, and confirm they will not advise you to stop paying maintenance fees you owe. For a detailed breakdown of red flags and how to vet exit companies, see timeshare exit companies. ExitHonest's $149 Timeshare Exit Kit walks you through every non-scam option available after rescission, including template letters for deed-back requests, resale listing checklists, and state-specific exit program research. It's a one-time fee, no ongoing charges. Visit the exit kit builder to see what's included.

How to get out of a timeshare: the full exit hierarchy

The cleanest exits come first. Work down this list in order: 1. Rescission (days 0 to 15): If you're inside the statutory window, mail your rescission letter immediately. This is free, guaranteed by law, and results in a full refund. Nothing else on this list is remotely as good. 2. Developer deed-back or surrender (months to years later): Contact your resort directly and ask if they have a take-back program. Wyndham, Marriott, Diamond, Hilton, and Bluegreen all have formal or informal deed-back programs. You will not get money back, but you will be released from future maintenance fees. Some resorts require you to be current on fees and own the timeshare free and clear. 3. Donation (if you own outright and the charity actually accepts it): A few charities accept timeshare donations, pay the transfer fees, and take over maintenance obligations. The IRS severely limits tax deductions for timeshare donations, so do not count on a write-off. Most charities will not take timeshares because the ongoing fees exceed any benefit. 4. Resale (low probability, expect to lose money): List with a licensed broker on RedWeek, eBay, or the TUG forums. Price it at $1 if necessary. Pay the broker only when the sale closes. If someone asks for upfront fees, walk away. 5. Transfer to a third party who wants it (rare but possible): If you know someone who actually wants your specific week and resort, you can deed it to them. Both parties pay transfer and recording fees (often $200, $500 total). The new owner assumes the maintenance fees going forward. 6. Exit company (last resort, high cost, no guarantee): Only after you have tried everything above and confirmed in writing that your resort has no deed-back option. Never pay upfront fees over $500. Never stop paying valid maintenance fees on the advice of an exit company. The FTC has a detailed warning page on timeshare resale and exit scams at https://consumer.ftc.gov/articles/timeshare-resale-scams. ^[5] For the complete how to get out of timeshare guide, covering every step in detail, follow that link.

How much is a timeshare and what are the ongoing costs?

The average timeshare purchase price in the United States is approximately $22,942 according to the American Resort Development Association's 2023 data. Prices vary widely: a fixed week at a older resort in a secondary market might sell for under $10,000, while a floating week at a Marriott or Ritz-Carlton property can exceed $50,000. Points-based systems often start around $20,000 for an entry-level package. The larger long-term cost is maintenance fees. The average annual maintenance fee is roughly $1,000 to $1,200 and increases every year, typically 3% to 5% or more. Over a 20-year ownership, you will pay $25,000 to $40,000 in maintenance fees alone, even if you never use the timeshare. Special assessments for property damage, renovations, or hurricane repairs can add thousands more in a single year. If you finance the purchase, add interest. Timeshare loans often carry rates of 12% to 18% because they are unsecured personal loans. A $20,000 timeshare financed at 15% over 10 years will cost you more than $38,000 in total payments. These costs make rescission so valuable. If you cancel within the rescission period, you get your deposit and any payments back and owe nothing going forward. If you're outside the window, you're on the hook for maintenance fees every year until you successfully exit, and you will almost certainly lose your entire purchase price if you manage to give the timeshare away or surrender it back to the resort. For context on what it costs to exit a timeshare after the fact, see the maintenance fees and exit cost section in timeshare cancellation.

Are timeshares scams or just bad investments?

Timeshares are not scams in the legal sense. They are real, deeded or right-to-use interests in real property, governed by state and federal law, and sold by publicly traded companies or legitimate resort operators. But they are almost universally terrible investments. A scam involves fraud or misrepresentation. A bad investment involves a legal product that loses money. Timeshares fall into the second category. They are expensive, illiquid, and depreciate effectively to zero the moment you sign. The resale market is flooded with unwanted inventory, and maintenance fees rise relentlessly. The ARDA's own data shows that the timeshare resale price averages a small fraction of the original purchase price. What often feels like a scam is the high-pressure sales process. Timeshare presentations use psychological techniques, time pressure, and sometimes outright misrepresentations about rental income potential, resale value, or the ability to "make your money back." The FTC has brought enforcement actions against timeshare sellers for deceptive sales practices. ^[1] State attorneys general in Florida, Tennessee, Missouri, and other states have done the same. Rescission laws exist precisely because legislators recognized that timeshare sales tactics often lead to buyer's remorse. If you signed during a high-pressure presentation and regret it, you are not alone and you are not irrational. You have a narrow statutory window to undo the purchase, no questions asked. Use it. If you're outside the rescission period and stuck with a timeshare you cannot use or afford, the industry that profits from your continued ownership (maintenance fees are a $10+ billion annual revenue stream) is not a scam, but it is absolutely a bad deal that you should exit as soon as a legitimate path appears.

How to sell a timeshare and what you'll actually get

Selling a timeshare on the open market is difficult and usually results in a loss of 80% to 100% of your original purchase price. Buyers know they can acquire timeshares for nearly nothing on the resale market, so they will not pay anywhere near retail. To sell, list your timeshare with a licensed real estate broker or on a reputable resale platform. RedWeek (redweek.com) is the largest timeshare rental and resale marketplace and allows both broker-assisted and owner-direct listings. The Timeshare Users Group (tug2.net) has classified ads and an active resale forum. eBay also has a timeshare category, though completed sales show many listings ending at $1 with no bids or a single bid from someone willing to take over the fees. Do not pay large upfront fees to a resale company. The FTC has repeatedly warned that resale scams charge $1,000 to $5,000 upfront, promise a buyer is waiting, and then deliver nothing. ^[5] A legitimate broker works on commission and gets paid only when the sale closes, just like a residential real estate agent. Even with a legitimate broker, expect your timeshare to sit unsold for months or years unless you price it very low. If your maintenance fees are $1,200 per year, a rational buyer will pay no more than a few hundred dollars for your timeshare (and possibly zero), because they are assuming a perpetual annual obligation that exceeds any use value. If you own a desirable week at a top-tier resort (Marriott Grand Chateau in Las Vegas, Westin Kierland in Scottsdale, etc.) and you're current on all fees, you might get $2,000 to $5,000. Most owners get far less. If you inherited the timeshare or own an off-season week at a dated property, you will likely have to pay someone to take it or give it away for free. Selling is worth attempting before you pay an exit company, but set your expectations accordingly.

What to do if you're getting calls from the timeshare call list

If you are receiving unsolicited calls offering to resell, rent, or cancel your timeshare, you are likely on a lead list sold to scammers and unscrupulous companies. These calls often start with a claim that someone is interested in buying your timeshare or that you qualify for a special exit program. The caller will ask for upfront fees: an appraisal fee, a title search fee, a transfer tax, or an administrative fee. Once you pay, the caller disappears or invents a new fee. The FTC has documented this pattern in multiple enforcement actions. ^[5] Do not engage. Hang up. Do not provide your credit card or bank account information. Do not sign a contract or pay any fee over the phone. If the caller claims to represent your resort or a government program, hang up and call the resort or agency directly using a number you look up yourself. Your contact information is probably on a timeshare lead list because you attended a sales presentation, own a timeshare (deeds are public records), or filled out an online form asking about exits or resales. These lists are bought and sold among telemarketers and scammers. To reduce calls, register your number on the National Do Not Call Registry at https://www.donotcall.gov. It will not stop illegal robocallers, but it will reduce legitimate telemarketing. If you continue to receive timeshare scam calls, report them to the FTC at https://reportfraud.ftc.gov. ^[5] For more on how these lists are generated and used, see timeshare call list.

Frequently asked questions

Can I cancel a timeshare after the rescission period ends?

No automatic right exists after rescission. You can try to negotiate a deed-back with the resort, sell or give away the timeshare, or hire an exit company, but none of these options guarantee success or a refund. The rescission period is your only legal right to cancel unilaterally and get your money back.

What if the developer ignores my rescission letter?

If you sent your letter by certified mail within the deadline and the developer does not refund your money within the statutory period (typically 20 to 45 days), file a complaint with your state attorney general and the FTC. Both agencies can investigate and compel compliance. Keep all proof of mailing and delivery.

Do I need a lawyer to send a rescission letter?

No. Rescission is a statutory right you exercise by written notice. A simple letter following your contract's instructions is sufficient. Lawyers are rarely needed unless the developer refuses to honor a valid rescission, in which case a consumer protection attorney can pursue damages.

How do I know if I'm still within the rescission window?

Check the bold or boxed cancellation section in your contract. It will state the number of days and the date the clock starts (usually the day you signed or the day you received disclosures, whichever is later). Count calendar days, not business days, unless your state law or contract specifies otherwise.

Can I email my rescission letter instead of mailing it?

Only if your contract explicitly permits electronic rescission notices. Most contracts require written notice by mail. Certified mail with return receipt is the universally accepted and legally safest method. Do not rely on email unless the contract says you can.

What happens to my financing if I rescind?

The developer or lender must cancel the promissory note and release you from all obligations. You should receive written confirmation. If the lender continues to demand payment after a valid rescission, send them proof of your rescission and contact your state attorney general if they do not comply.

Will rescinding hurt my credit score?

No. Exercising your statutory right to rescind is not a default or breach. The contract is voided as if it never existed. The transaction should be reversed, and no negative information should appear on your credit report. If it does, dispute it immediately with the credit bureaus.

Can I rescind if I bought a timeshare at an online auction or resale?

Rescission rights apply to new purchases from developers, not resales. If you bought a timeshare from a previous owner, you are bound by the contract you signed with that seller. Some states give resale buyers a short rescission period, but it is not universal. Check your purchase agreement.

How much do timeshares cost on average?

The average new timeshare purchase is approximately $22,942 according to the American Resort Development Association. Annual maintenance fees average $1,000 to $1,200 and increase every year. Over 20 years of ownership, total costs often exceed $50,000 even if you never use the property.

How to get rid of a timeshare if I'm past rescission?

Contact your resort and ask about deed-back or surrender programs. If none exist, try listing it for resale with a licensed broker for a very low price or even $1. Do not pay large upfront fees to exit or resale companies. Most timeshares cannot be sold for any significant amount.

Are timeshares scams?

Timeshares are legal products, not scams, but they are almost always terrible investments. They depreciate to near zero immediately, carry high ongoing fees, and are nearly impossible to resell at any reasonable price. Rescission laws exist because sales tactics often lead to buyer's remorse. Use your rescission window if you have one.

What if I signed the contract at home, not at a resort presentation?

Rescission rights typically apply regardless of where you signed, as long as the transaction meets your state's definition of a timeshare sale. Check your contract's cancellation section. The law is designed to protect all buyers, more than those who signed at a high-pressure resort presentation.

Can I get a refund if I used the timeshare during the rescission period?

State laws vary. Some allow developers to deduct the value of any use or occupancy during the rescission period. Others require a full refund regardless. Read your contract and your state's statute. In practice, most buyers rescind before occupying the property, so this is rarely an issue.

How to sell timeshare if nobody will buy it?

If you cannot sell it even at $1, you will need to give it away, donate it to a charity that accepts timeshares (very few do), surrender it to the resort if they have a deed-back program, or continue paying maintenance fees until one of those options becomes available. Abandoning it will damage your credit and may result in foreclosure and collection.

Sources

1. Florida Statutes § 721.10, Rescission rights: Florida provides a 10-calendar-day rescission period from contract signing or receipt of the public offering statement, whichever is later; refund required within 20 days.
2. Nevada Revised Statutes § 119A.450, Cancellation of contract: Nevada allows 5 calendar days to cancel a timeshare purchase; cancellation effective upon mailing if postmarked within the period.
3. California Business and Professions Code § 11238, Cancellation period: California provides a 7-day right to cancel a timeshare purchase; seller must refund all payments within 30 days of receiving notice.
4. Tennessee Code Annotated § 66-32-114, Purchaser's right to cancel: Tennessee grants a 10-day rescission period; developer must refund within 30 days of receiving cancellation notice.
5. Internal Revenue Service, Charitable Contributions (Publication 526): IRS limits deductions for timeshare donations; value generally limited to the lesser of cost basis or fair market value, and FMV for timeshares is often near zero.