Last updated 2026-07-25
TL;DR
The Servicemembers Civil Relief Act lets some active-duty members end a timeshare lease after entering service or getting PCS orders of 90+ days, but SCRA mostly covers lease-type timeshares, not deeded ownership, and it doesn't erase debt already owed. Outside SCRA, active-duty owners have the same rescission window, deed-back, and resale options as any civilian owner.
Can military members get out of a timeshare because of PCS orders?
Sometimes, but only if your timeshare is structured as a lease, and only if you meet the SCRA's service and notice conditions. The Servicemembers Civil Relief Act (50 U.S.C. § 3955) lets a servicemember terminate a lease of premises if they enter military service during the lease, or if they receive military orders for a permanent change of station (PCS) or a deployment of 90 days or more after signing the lease. [1] The catch is the word "lease." Most timeshares sold in the US are deeded real estate interests, not leaseholds. A deeded week is titled property, similar to owning a fractional condo, and SCRA's lease-termination section doesn't apply to it the way it applies to an apartment lease. Right-to-use (RTU) timeshares, where you're buying a contractual right to use a property for a set number of years rather than title to it, look more like a lease and have a better shot at SCRA coverage. That said, this is genuinely contract-specific, and courts haven't built a large body of case law on it. [1] [1] If you think SCRA might apply, the notice has to be in writing, delivered to the landlord or the landlord's agent, and it needs to include a copy of your military orders or a signed statement from your commanding officer. Termination is effective 30 days after the next rent payment is due following delivery of the notice. [1] This is not a phone call and a hope. It's a paper trail.
Does SCRA cover deeded timeshares, more than leases?
Mostly no, and this is the single biggest misunderstanding military owners have about their options. SCRA's lease-termination protection (50 U.S.C. § 3955) is written around "a lease of premises," and courts and JAG offices generally treat a deeded timeshare interest as real property ownership, not a lease. [1] That doesn't mean SCRA is useless to you. Other SCRA provisions can still help. Section 3937 caps interest on debts incurred before active duty at 6% while you're serving, if you request it in writing with a copy of your orders. [2] If your timeshare loan or a maintenance fee financing plan predates your activation, an interest rate cap could meaningfully lower what you owe each month, even if it doesn't get you out of the contract itself. Military legal assistance offices (base JAG) review timeshare contracts for free and can tell you, in writing, whether your specific contract has lease language that might qualify for termination. This is the first call to make, before you pay anyone a dollar to "assess" your SCRA eligibility. [3]
What's the fastest legal way out of a timeshare, military or not?
Rescission. Every state gives new timeshare buyers a short window, usually somewhere between 3 and 15 calendar days depending on the state, to cancel the purchase with no reason needed and a full refund. If you're still inside that window, this is faster and cheaper than anything else on this page, including SCRA analysis. The window starts the day you sign, or in some states the day you receive the last required disclosure document, and it runs on calendar days, not business days, in most states. Miss it by a day and the resort has zero legal obligation to unwind the deal. Confirm your state's rescission window and cancellation procedure before you do anything else; our guide to how to get out of a timeshare walks through the notice requirements state by state. Send your cancellation letter by a method that gives you proof of delivery: certified mail with return receipt, or a courier signature. Keep a copy of everything. Resorts have been known to claim they "never received" a rescission letter sent by regular mail.
How do you get out of a timeshare after the rescission window closes?
Once rescission has passed, you're a regular owner, and the honest options narrow to four: pay off the loan and try to sell it, hand it back through the resort's deed-back or surrender program, stop paying and accept the credit and legal consequences, or hire someone to help you exit for a fee. Deed-back (also called surrender or deedback) programs let some resorts take the timeshare back, usually if your account is current on fees and the resort wants the inventory back. Marriott Vacation Club's Clear Title program and Hilton Grand Vacations' Reclaim The Vacation are examples of developer-run surrender programs that exist right now, though not every resort offers one and most require you to be paid off and current. [4] Ask the resort directly whether a deed-back program exists before assuming it doesn't. See our deed-back programs hub for how these work by developer. Selling is legal but usually returns very little money. Deeded timeshare resale value is a fraction of the original purchase price in almost every case, because the secondary market is flooded and buyers know it. Some owners give timeshares away for $1 just to stop paying maintenance fees, through licensed timeshare-specific real estate transfer or a deed-back, rather than through unlicensed "transfer companies" that just re-title the property to a shell and vanish. Stopping payments without a plan damages your credit and can lead to a deficiency judgment in states that allow lenders to sue for the balance after foreclosure. We're not going to tell you to stop paying money you owe. Talk to a consumer law attorney or a HUD-approved housing counselor before you make that call, especially if you hold a security clearance, since delinquent debt can show up in a periodic reinvestigation.
Are timeshares scams?
The original timeshare purchase usually isn't illegal, but the sales tactics are aggressive enough that the Federal Trade Commission and multiple state attorneys general have issued specific consumer warnings about high-pressure presentations and misleading resale claims. [5] The bigger scam risk for existing owners is the exit industry itself. The FTC has sued and settled with several so-called timeshare exit companies for taking large upfront fees, sometimes $3,000 to $10,000 or more, and delivering nothing. In one 2021 case, the FTC and the state of Missouri obtained a settlement against a company the FTC alleged had taken more than $9.6 million from consumers through deceptive exit promises. The pattern is consistent: a cold call or ad promises a fast, no-risk exit, asks for money upfront, and either does nothing or tells you to stop paying your resort, which triggers foreclosure and credit damage on top of the fee you already lost. Signs of an exit scam: promises of certain success with no contingency, demands for full payment before any work starts, pressure to stop paying the resort, and refusal to put fee structure in writing. Legitimate help exists, but it looks like flat-fee document and process guidance, not a company promising to "make your timeshare disappear." Check any company against your state attorney general's consumer complaint database and the Better Business Bureau before paying anyone. Our timeshare exit companies guide breaks down how to vet one.
How much do timeshares cost, and does military discount pricing exist?
The average price of a timeshare interval purchased in the US was about $23,940 in 2023, according to the American Resort Development Association's owner survey data, with average annual maintenance fees around $1,205. Both numbers vary a lot by brand, unit size, and season; a studio-week at a lower-tier resort can run a few thousand dollars, while a large luxury unit in high season can run six figures. Military-specific discount pricing on new timeshare purchases isn't something we'd recommend chasing. Some resorts run "military appreciation" sales events or bonus point offers, but these are still sales presentations designed to convert a discount into a signed contract, often with the same high-pressure structure as civilian sales floors. The Consumer Financial Protection Bureau and multiple base legal offices warn servicemembers specifically about timeshare pitches during PCS travel and leave periods, because deployed or relocating families are considered easier sales targets. Maintenance fees are the number that actually hurts long-term. ARDA's data shows average fees rising faster than general inflation in many recent years, and special assessments (one-time charges for repairs or disasters) can add thousands more in a single year with little notice. If rising fees are your real problem rather than wanting out entirely, our maintenance fees hub covers dispute and negotiation options before you consider an exit.
How to sell a timeshare: realistic expectations
You can sell a timeshare, but expect a steep discount and a slow process. Listing through a licensed timeshare resale broker, or selling directly to another owner through a licensed real estate transaction, are the two legitimate paths. Both take time, often months, and both typically net far less than the original purchase price because resale supply badly outweighs demand. Avoid any company that asks for an upfront "listing fee" or "advertising fee" before a sale closes, especially if they claim to have a "buyer already waiting." This is one of the most common resale scam patterns the FTC and state AGs warn about. [5] A legitimate resale broker earns a commission at closing, the same as a home sale, not a fee before anything happens. If you're financing the purchase and still owe money, you generally can't sell until the loan is paid off or the buyer assumes it with lender approval, which most timeshare lenders don't allow. Check your loan documents or call your lender directly to confirm the payoff and transfer process before you list anywhere.
What if I inherited a timeshare and don't want it?
You're not automatically stuck with it, but you do have to actively decline it, and the deadline to do that is short. An estate's executor or the heirs can disclaim (formally refuse) an inherited timeshare interest, usually within nine months of the death under federal tax disclaimer rules referenced in many state probate codes, though state-specific disclaimer statutes vary and you should confirm the deadline with the probate court handling the estate. If you miss the disclaimer window or already accepted the deed, you become the owner, along with the maintenance fee obligation and any special assessments, retroactive to whenever the resort's records show the transfer. Some resorts will work with heirs on deed-back or surrender specifically for inherited timeshares, since they'd rather take the unit back than chase an estate for fees. Ask the resort's owner services department directly and get any surrender offer in writing before signing anything.
How do exit fees compare to hiring a lawyer or doing it yourself?
| Option | Typical cost | What you actually get | |
|---|---|---|---|
| Self-file rescission (in window) | $0, just postage/certified mail | Full refund if state deadline met | |
| HUD-approved housing counselor consult | Free | Budget and options review, not legal representation [3] | |
| Base JAG legal review | Free (active duty/eligible dependents) | Contract review, SCRA eligibility opinion [3] | |
| Consumer attorney, hourly | Roughly $150 to $400/hour, varies by state | Direct negotiation, litigation if needed | |
| Exit company, flat fee (legitimate) | Roughly $2,000 to $6,000, varies widely | Document prep, process guidance, no guarantee | |
| Exit company, upfront-fee scam pattern | $3,000 to $10,000+ | Often nothing; FTC has sued multiple operators | The honest takeaway: the cheapest path is usually the earliest one. If you're in your rescission window, do it yourself for the cost of certified mail. If you're past it, get a free JAG review before paying anyone, and treat any promise of a fast, certain exit as a red flag regardless of the price tag. |
What should I actually do this week if I'm active duty and stuck in a timeshare?
Start with your base legal assistance office. It's free, it's staffed by attorneys who understand SCRA, and it can tell you in writing whether your specific contract qualifies for lease termination or interest rate relief. Bring the full contract, more than the summary sheet the sales rep gave you. Second, check your rescission deadline against your signing date, even if you think it's long past. State rescission statutes are sometimes measured from the date you received the final closing documents, not the sales presentation date, and a few owners have found they were still inside the window without realizing it. Third, if you're past rescission and SCRA doesn't cleanly apply, ask the resort directly for its deed-back or surrender program terms in writing, before you talk to any third-party exit company. A number of owners handle the paperwork themselves once they understand the sequence: written surrender request, current-on-fees confirmation, and a signed deed transfer back to the resort. We built the Timeshare Exit Kit, a $149 one-time document package, for owners who want that paperwork organized and state-specific without paying thousands to a company that might not deliver. It's not legal representation and no one can promise you an outcome; it's a starting toolkit. Fourth, if a company calls you promising a no-risk, certain exit and asks for money before doing anything, hang up. Check them against your state attorney general's consumer complaint page and the FTC's scam reporting tool first.
Frequently asked questions
How to get out of a timeshare fastest?
The fastest legal exit is canceling inside your state's rescission window, typically a matter of days after signing. Send written cancellation by certified mail with return receipt. Once that window closes, options narrow to deed-back programs, resale, or hiring help, all of which take weeks to months rather than days.
How do you get out of a timeshare if you're active duty and got PCS orders?
Check whether your contract is a lease or right-to-use interest; SCRA lease termination (50 U.S.C. § 3955) may apply with written notice and a copy of your orders. Deeded ownership generally isn't covered. Get a free contract review from your base JAG office before assuming SCRA applies to your specific paperwork.
Are timeshares scams?
The purchase itself is usually legal, though sales tactics are aggressive enough that the FTC and state AGs issue regular consumer warnings. The bigger scam risk is the exit industry: the FTC has sued multiple exit companies for taking upfront fees and delivering nothing, including a case involving more than $9.6 million taken from consumers.
How much is a timeshare, on average?
ARDA's 2023 owner survey put the average timeshare purchase price around $23,940, with average annual maintenance fees near $1,205. Prices vary widely by unit size, season, and brand; a small studio-week can cost a few thousand dollars, while large luxury units can run into six figures.
How much do timeshares cost per year in maintenance fees?
Average annual maintenance fees were around $1,205 per ARDA's most recent owner survey data, though this varies by resort and unit size, and special assessments for repairs or disasters can add thousands more in a single year with little advance notice.
How to sell a timeshare without getting scammed?
Use a licensed timeshare resale broker or sell directly to a verified buyer, and never pay an upfront listing or advertising fee before a sale closes. Confirm your loan is paid off first, since most timeshare lenders don't allow buyers to assume financing. Expect a steep discount from the original purchase price.
How to get rid of a timeshare you inherited?
An estate's heirs can formally disclaim an inherited timeshare, usually within nine months of death under rules many states reference, though deadlines vary by state probate code. If you missed that window or already accepted the deed, ask the resort's owner services department about a deed-back or surrender program in writing.
Does SCRA let you cancel a deeded timeshare?
Generally no. SCRA's lease-termination provision (50 U.S.C. § 3955) applies to leases of premises, and courts typically treat deeded timeshares as real property ownership rather than a lease. Right-to-use timeshares have a better argument for coverage, but this is contract-specific; get a free written opinion from base legal assistance.
What's the difference between deed-back and selling a timeshare?
A deed-back (or surrender) is when the resort agrees to take the timeshare back directly, usually if you're current on fees and paid off, and you get no money for it. Selling means transferring ownership to another buyer, typically at a steep discount, through a licensed broker or private sale.
Can a timeshare exit company guarantee they'll get me out?
No legitimate company can promise a specific outcome; ownership contracts, state law, and resort cooperation all vary too much for any company to control the result. Any company that promises certain success or demands full payment upfront matches the pattern the FTC has sued over repeatedly. Treat outcome promises as a red flag, not a selling point.
Will stopping timeshare payments hurt my security clearance?
It can. Delinquent debt, collections, and foreclosure can surface during a periodic reinvestigation and may raise financial responsibility questions in a clearance review. Talk to a JAG attorney or financial counselor before missing payments, and don't treat non-payment as a shortcut exit strategy.
How long is a timeshare rescission period?
It varies by state, generally a short window of a few days to a couple of weeks after signing or after receiving final disclosure documents. There's no single national number; confirm your specific state's rescission statute and required cancellation method before assuming a deadline.
Sources
- Cornell Law School Legal Information Institute, 50 U.S.C. § 3955: SCRA lease termination rights for servicemembers entering service or receiving PCS/deployment orders of 90+ days
- Cornell Law School Legal Information Institute, 50 U.S.C. § 3937: SCRA 6% interest rate cap on pre-service debts for servicemembers on active duty
- Military OneSource, Legal Assistance: Base legal assistance offices provide free contract review for servicemembers and eligible dependents
- Consumer Financial Protection Bureau, Servicemembers resources: CFPB guidance warning servicemembers about high-pressure sales tactics including during relocation periods
- Internal Revenue Service, Instructions for Form 706: Federal qualified disclaimer rules generally require disclaiming an inherited interest within nine months of death