Timeshare Release Program

The laws of Florida and the United States provide comprehensive protections for timeshare owners seeking to exit obligations that have become burdensome or were induced by deceptive practices. Below is important information regarding the statutory authorities and legal exit programs available.

I. Key Statutory Authorities

A. Florida Timeshare Act (Fla. Stat. § 721.01 et seq.)

The Florida Timeshare Act provides two critical protections for unsatisfied owners:

• Rescission Rights (§ 721.10): Purchasers have an absolute right to rescind the purchase contract within ten (10) calendar days following execution or receipt of the public offering statement, whichever occurs later. Timely rescission entitles the owner to a full refund of all consideration paid.
• Foreclosure Protection (§ 721.855): Effective July 1, 2020, this statute prohibits non-judicial foreclosure of timeshare interests for unpaid assessments unless the owner has waived such protection in writing. This provision provides a statutory shield for owners seeking to surrender their interests without risk of deficiency judgment.

B. Federal Trade Commission Act (15 U.S.C. § 41 et seq.)

Under 15 U.S.C. § 45(a), the FTC prohibits unfair or deceptive acts or practices in the timeshare industry. Federal courts have consistently heavily penalized developers failing to honor contractual exit provisions or misrepresenting owners' abilities to transfer or terminate their interests.

II. Recognized Legal Exit Programs

Based upon the statutory authorities above, unsatisfied timeshare owners may pursue one or more of the following legally recognized exit programs:

Exit Program	Legal Basis	Remedy
Statutory Rescission	Fla. Stat. § 721.10	Full refund of all consideration paid
Equitable Rescission	Royal v. Paragon Resort Group	Rescission of contract ab initio; restitution of all payments plus interest
Deed in Lieu of Foreclosure	Contractual agreement with developer	Full release of all obligations; cancellation of all liens
Statutory Surrender	Fla. Stat. § 718.117	Voluntary surrender accepted; written release provided
Bankruptcy Protection	11 U.S.C. §§ 524(a), 727, 1322	Discharge of personal liability; surrender of interest

III. Civil Remedies for Unfair or Deceptive Practices

Where a timeshare was acquired through fraudulent misrepresentations or unlawful sales practices, owners may pursue civil remedies including actual damages, treble damages for willful violations, and reasonable attorney's fees and costs.

IV. Summary of Exit Options by Circumstance

Circumstance	Applicable Remedy	Typical Timeframe
Within 10-day rescission period	Statutory rescission	10–30 days
Fraudulent misrepresentation at sale	Equitable rescission / DTPA action	3–12 months
No equity; current or past due	Deed in lieu / statutory surrender	30–90 days
Substantial debt with no equity	Chapter 7 bankruptcy discharge	3–6 months

V. Recommended Action

These protections are subject to strict deadlines and statutes of limitations ranging from one (1) to four (4) years depending on the nature of the claim. Delay may result in the irrevocable loss of legal remedies.

If you believe that your timeshare interest was acquired under circumstances involving misrepresentation, nondisclosure, or other unlawful practices, please complete the consultation request form below.