Date Published:
May 3, 2022
● Posted in
Timeshare resorts are popular among vacation-goers in the United States. That's because they offer a chance to own a vacation property for a portion of the actual cost. Through fractional ownership, traditional timeshares make owning a vacation home more accessible. One concern is whether timeshare owners have the same rights and benefits as in typical real estate transactions.
That depends on whether the timeshare is considered real or personal property. First, understand the type of ownership you purchased. Different ownerships decide if you or the timeshare company possess the deed and, therefore, owns the timeshare property. Continue reading to learn more.
A timeshare is vacation real estate utilizing a fractional ownership model. Multiple owners per unit share these fractional properties, each receiving an allotment of usage, often on a one-week per year basis. Timeshare developers can be found anywhere from an exotic beach resort to a mountain ski resort but have become so popular that this vacation ownership model now works with apartment units and campgrounds.
Timeshares are not traditional real estate, and who owns the property is often up for debate. When you buy from a timeshare resort, you purchase the right to use that property unit for a specified time each year. You don't own the property outright, and while you may have a title deed, it is for a small percentage. For instance, buying a one-week increment equates to 1/52 ownership of the unit. Buying a two-week increment equates to a 1/26 right, and so on.
Initially, timeshares offerings were restricted to a routine basis where owners had little say in scheduling their stays at the property. Today, there are various ways to use a timeshare, whether you want the planning to be predictable, flexible, or something in between:
So, how to determine whether you own your timeshare property? Check the paperwork!
There are two standard ownership agreements in the industry, deeded and non-deeded. Under the law, these timeshare agreements make for different property types with separate privileges. To determine the ownership rights of a particular timeshare, look at the property type it's classified as.
Timeshares can be either real property or personal property. Therefore, the ownership rights can differ from one buyer to the next. There is a distinction between real and personal property and what rights they contain.
Real property is actual land, which often falls under real estate law. It includes everything attached to the land, like a house, and all rights of ownership for it–meaning you have the right to sell, lease, or occupy the property. Personal property consists of movable items that are not attached to real estate. These items have fewer ownership rights, such as cars, boats, furniture, and others.
With a shared deeded timeshare purchase, owners receive an actual percentage of real property. The title deed gets based on the number of weeks you purchased. Since deeded ownership is considered real property, these agreements are often written perpetually and give potential buyers many advantageous rights.
Deeded owners often have the right to sell, rent, and bequeath their timeshare units to other estates. However, you can expect more financial responsibilities since you own part of the property with deeded timeshares. For example, deeded agreements often have a higher initial purchase price, and you also pay property taxes.
With a shared right-to-use timeshare, you buy a leased ownership interest in the property while the developers retain the deeded title. Timeshare lease agreements can last between 10 and 100 years. With a non-deeded deal, owners have the right to use the property for an allotted period of time each year until the agreement expires.
As personal property, leased timeshare agreements offer few other ownership rights. A right-to-use timeshare is tough to resell, rent, or transfer to another party as deeded timeshares can. Without a legitimate ownership share, non-deeded timeshares often get sold at a lower average cost and without real estate taxes.
Assess the financial obligations and investment value, no matter the type of ownership. Timeshares seldom live up to be real estate investments. The timeshare's value depreciates as soon as it's purchased. Not to mention, the maintenance and exchange fees become more tenfold expensive over time. If owners cannot fulfill these ongoing costs, they may risk foreclosure. Buying a timeshare can lock you into a lifetime commitment.
Just because you have the ownership rights to resell or rent out your timeshare doesn't mean it will be simple. A vacation rental's income is minuscule compared to the expenses, and the timeshare resale market is full of desperate owners. For many, getting rid of a timeshare is a burden in and of itself.
Below are three of the least stressful ways to end your timeshare ownership:
Consider reaching out to Wesley Financial Group, LLC ("WFG") to learn more about a timeshare cancellation. Sitting at the forefront of the timeshare exit industry, WFG made a name for itself in the last decade by canceling over 16,000 agreements and eliminating thousands of dollars in timeshare mortgage debt. Current owners who feel misled into an unfair ownership agreement with a timeshare provider can schedule a free consultation with WFG today!
Wesley Financial Group, LLC, and its affiliates, successors, or assigns are not lawyers or a law firm and do not engage in the practice of law or provide legal advice or legal representation. All information, software, services, and comments provided on this site are for informational and self-help purposes only and not intended to substitute for professional advice, legal or otherwise.