Florida Timeshare Cancellation Letter

Florida Timeshare Cancellation Letter: A Complete Guide

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While investing in buying a timeshare in Florida may sound like an ideal kind of investment, many people soon find it to be a fiscal burden or an investment that no longer fits well into their lifestyles. Fortunately, Florida law has a clause that allows for cancellation of a timeshare in a legal manner, especially if done within a certain period.

A Florida timeshare cancellation letter is the legal document you would have to send to start the timeshare cancellation procedure. Below, you will find everything you may want to know in writing and submitting your cancellation letter to ensure it would meet all different kinds of legal requirements.

Why You Need a Florida Timeshare Cancellation Letter

If you have purchased a timeshare in recent times and now you have some second thought about the decision, it is best to cancel your contract with them through a timeshare cancellation letter. Florida law does permit the consumer to rescind a timeshare contract within a legally defined period called the rescission period, during which you can cancel without penalties. However, your right to rescind should be in writing to the timeshare company.

Reasons for Writing a Cancellation Letter:

  • Legal Requirement: The letter serves as a formal notification to the timeshare company of one’s decision to cancel the contract.
  • Prevent Long-term Contracts: Timeshare contracts often come with exorbitant financial responsibilities, such as yearly maintenance fees and special assessments. When a deal is canceled within the legally set timeframe, owners are released from these expenses.
  • Protect Your Rights: Notice sending the letter within this rescission period guards the cancellation legally.

Key Elements to Include in Your Florida Timeshare Cancellation Letter

A well-composed timeshare cancellation letter ensures that your request for cancellation in no way remains vague but is quite forth, effective, and from a legal point of view as well. This is important if one includes all specific information to aid the Cancellation Committee in processing your cancellation without delays or misinterpretations.

  • Your Full Name and Contact Information: Include your name, address, phone number, and email address to ensure the company can easily identify your contract.
  • Timeshare Company’s Information: Clearly state the company’s name and address.
  • Timeshare Contract Details: Provide the contract number, date of purchase, and the property’s name or location.
  • Statement of Cancellation: Explicitly state that you are exercising your right to cancel the contract within the rescission period.
  • Request for Refund: If any payments were made, request a full refund and outline the method of refund preferred (e.g., check or bank transfer).
  • Signature: Sign the letter to authenticate your request.
  • Date: Include the date of the letter to ensure it falls within the rescission period.

Step-by-Step Guide to Writing a Florida Timeshare Cancellation Letter

Writing a timeshare cancellation letter may seem intimidating, but following these simple steps can ensure that your request is effective and meets all the legal requirements.

Step 1: Gather Your Contract Details

Start by gathering your timeshare contract, including the contract number, date of purchase, and the name of the resort or property. You’ll need these details to reference in your letter.

Step 2: Draft a Clear Statement of Cancellation

Clearly state in your letter that you wish to cancel your timeshare contract. For example, you can use wording like: “I am writing to exercise my legal right to cancel my timeshare contract under Florida law. Please consider this letter as my formal cancellation of the contract for [timeshare property name].”

Step 3: Include the Necessary Information

Be sure to include your contact details and contract information, as well as any payment made toward the timeshare. This ensures the timeshare company can process your request efficiently.

Step 4: Request a Refund

If you’ve already made any down payments or fees, politely request a refund and indicate how you would like to receive it.

Step 5: Sign and Date the Letter

Don’t forget to sign the letter, as an unsigned document may not be legally valid. Also, ensure the letter is dated within the rescission period to comply with Florida law.

Sample Florida Timeshare Cancellation Letter Template

[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]

[Date]

[Timeshare Company’s Name]
[Timeshare Company’s Address]
[City, State, Zip Code]

Subject: Notice of Cancellation of Timeshare Contract

Dear [Timeshare Company’s Name],

I am writing to formally notify you that I am exercising my right to cancel the timeshare contract for [Property Name] under Florida Statute Section 721.10. My contract number is [Contract Number], and the date of purchase was [Date of Purchase].

As I am within the legally mandated rescission period, I request the immediate cancellation of the contract. Additionally, I request a full refund of all payments made, including any down payment and fees. Please process the refund to the following account/method: [Preferred Refund Method].

I appreciate your prompt attention to this matter. Please confirm in writing that my cancellation has been processed and that my contract is void.

Thank you for your cooperation.

Sincerely,
[Your Signature]
[Your Printed Name]

How to Send Your Timeshare Cancellation Letter in Florida

Depending on how you have your cancellation letter prepared, it is very important that you send it using the appropriate method. More importantly, this will help you to be on target in reaching the timeshare company within the rescission period.

Florida law enables you to send your letter via certified mail, proving to you that it has been delivered.

Bluegreen resort
  • Certified Mail: This provides proof of delivery and is the most commonly recommended method for submitting a cancellation letter.
  • Email (if allowed): Some timeshare companies may allow cancellation letters via email. Be sure to request confirmation of receipt if you choose this option.
  • Hand Delivery: If feasible, you can deliver the letter in person, ensuring you receive a written receipt.

Florida Timeshare Laws: Understanding the Rescission Period

The law gives you a rescission period in Florida—a period during which you could be entitled to cancel the timeshare contract without penalty under the law. The rescission period under Florida law is 10 calendar days after the date of purchase or the receipt of public offering statement, whichever happens last.

  • 10-day rescission period: You may only send your letter of cancellation within 10 days starting from the date of purchase or from the date on which you have received the public offering statement of the contract.
  • No penalties: Cancellation within the period of rescission does not incur any penalty, and all payments are returned to you.
  • Legal duty: The timeshare company is obliged to respect cancellations that fall within this time.

What Happens After You Submit a Timeshare Cancellation Letter

Once you’ve submitted your cancellation letter within the rescission period, the timeshare company is legally obligated to process your cancellation and refund any payments. Here’s what typically happens after submission:

Next Steps:

  1. Confirmation of Cancellation: The company will confirm in writing that your timeshare contract has been canceled.
  2. Refund Process: Any payments made, including down payments and fees, will be refunded, usually within 20 days of the cancellation.
  3. Contract Voided: Once canceled, the contract is void, and you have no further obligations toward the timeshare.

Common Mistakes to Avoid in Your Florida Timeshare Cancellation Letter

Although the process may sound somewhat straightforward, there are certain entails in the normal course of business that might render your request for rescission rejected. Here is something you must avoid:

  • Failure to Meet the Rescission Period: Ensure that your letter be well in the 10-day grace so you do not find yourself obliged in the contract.
  • Uncompletion of Information: Ensure the mention of all those details in the letter, which are essential therein, in regard to the contract number and personal information.
  • Incorrect Delivery Method Used: Always use certified mail or another method that provides proof of delivery.
  • Failure to Keep Copies: Keep a copy of your cancellation letter and a receipt or confirmation of delivery.

If you have problems with your timeshare or face difficulties in canceling the same, it is in the best interest of your rights to check into legal advice. At HowToCancelMyTimeshare, or HOW2CXL, we pride ourselves on helping timeshare owners through the confusing maze that is timeshare cancellation. We can guide you from generating a letter of cancellation to standing up for your rights.

Frequently Asked Questions

How long do I have to cancel a timeshare in Florida?

You have 10 calendar days from the date of purchase or receipt of the public offering statement to cancel a timeshare contract in Florida.

What happens if I miss the rescission period?

If you miss the rescission period, canceling the timeshare becomes more complicated, and you may need to explore legal avenues or work with a timeshare exit company like HowToCancelMyTimeshare.

Can I cancel a Florida timeshare via email?

Some timeshare companies may accept cancellations via email, but it’s essential to confirm this with the company and request a confirmation of receipt.

Will I get a full refund after canceling my timeshare?

Yes, canceling within the rescission period entitles you to a full refund of any payments made.

While legal representation is not required, it can be helpful if you encounter challenges or are unsure about the process. HowToCancelMyTimeshare can guide you through the steps to ensure your cancellation is successful.

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