How to get out of a timeshare: rescission, deed-back, and resale

Last updated 2026-07-24

What are my actual options to get out of a timeshare contract?

You have seven legal paths out of a timeshare, each with different costs, timelines, and success rates. They work in roughly this order of preference. First, if you're inside the rescission period (also called the cooling-off or right-to-cancel period), you can cancel the contract for free by sending written notice to the developer. That window is typically 3 to 15 calendar days from the date you signed the contract, depending on your state and where you signed ^[1]. It's the cleanest exit that exists. Second, many large timeshare companies now run deed-back programs (also called surrender, relinquishment, or take-back programs). Marriott Vacation Club, Wyndham, Hilton Grand Vacations, and Diamond Resorts all have them. You transfer the deed back to the developer, often for zero dollars but sometimes with a processing fee ($250 to $4,000), and they release you from future maintenance fees. Not every owner qualifies: most programs require your maintenance fees to be current, your loan paid off, and sometimes a minimum ownership period (one to three years). Third is resale. You list the timeshare on secondary-market sites like RedWeek, Timeshare Users Group (TUG), or eBay. The bad news: most timeshares sell for $1 to $1,500 on the resale market, and many get zero offers for months ^[2]. The good news: it costs almost nothing to try (RedWeek charges around $60/year for a listing). You will not recover what you paid; you're just trying to transfer the obligation. Fourth is renting out your weeks to offset maintenance fees while you figure out a permanent exit. Sites like RedWeek, VRBO, and Airbnb list timeshare rentals. This doesn't exit you, but it can reduce the financial pain. Fifth is donation to a charity that accepts timeshares. Very few charities still do (most quit because of the liability and fees), but a handful like the American Resort Development Association's donation clearing house or specialized groups like Donate for a Cause will take certain timeshares if the maintenance fees are low and the property is desirable. You won't get a meaningful tax deduction (the IRS values it at resale value, which is often under $500), but you'll be free of the maintenance bills. Sixth is a negotiated release directly with the resort or HOA. You contact the resort, explain your hardship (job loss, health crisis, death of a co-owner), and ask them to take the deed back. Some will. Some will charge a release fee ($1,000 to $5,000). Some will say no. It costs nothing but time to ask. Seventh is default and foreclosure. If you stop paying maintenance fees, the HOA will eventually foreclose on the deed (it's secured by the timeshare interest). Your credit takes a hit (a foreclosure stays on your credit report for seven years), the HOA can send unpaid fees to collections, and in some states they can pursue a deficiency judgment if the fees exceed the foreclosure recovery. This is the worst-case path, not a strategy. You're genuinely stuck, broke, and out of options, and you accept the consequences. The timeshare cancellation guide covers the rescission mechanics in detail. For everything after rescission, the tactics above are your menu.

How does the rescission window work, and how do I use it?

Every U.S. state and most countries give timeshare buyers a short statutory rescission period after signing. The law varies by state, but it's typically 3 to 15 calendar days ^[1]. In Florida it's 10 days, California 7 days, Nevada 5 days, Arizona 10 days, Colorado 5 days. Some states count from the date you signed the contract; others count from when you received the public offering statement or disclosure documents, whichever is later. During that window, you can cancel the contract for any reason or no reason. You don't have to justify it, and the developer must refund your down payment in full (usually within 20 to 45 days, depending on state law) ^[1]. There is no penalty, no argument, no negotiation. The statute gives you this right, period. To exercise rescission, you send written notice to the developer at the address listed in your contract documents. Most contracts have a section titled "Right to Cancel" or "Rescission" that names the exact address and gives you the specific deadline. Send it by certified mail, return receipt requested, so you have proof the notice arrived before the deadline. A simple letter works: "I am exercising my right to cancel the timeshare purchase agreement signed on [date] under [state] law. Please refund my deposit to [address]. Signed, [your name]." Keep a copy. The most common mistake is missing the deadline because you counted business days instead of calendar days, or you mailed the notice on the last day and it arrived late. Calendar days include weekends and holidays. If your deadline falls on a Sunday, your notice must be postmarked by that Sunday (or hand-delivered to the resort). The how to get out of a timeshare guide has state-by-state deadlines. Some developers try to muddy this. They'll say "talk to your salesperson first" or "we need to schedule an exit interview." Ignore it. The statute doesn't require a conversation. Send the written notice. If they delay your refund past the statutory deadline, your state attorney general or consumer protection office wants to hear about it ^[3]. Once the rescission window closes, it's gone. Courts almost never extend it, even for fraud or high-pressure sales, because the statute sets a bright line. That's why we hammer this point: if you have even a flicker of doubt in the first week after signing, cancel. You can always buy a timeshare later. You cannot rewind the rescission clock.

What are deed-back programs, and how do I qualify?

A deed-back program (also called an owner relief program, exit program, or deed surrender program) is a voluntary service where the developer or resort takes your timeshare ownership back and releases you from future maintenance fee obligations. Marriott calls theirs the Flex Trust Reacquisition Program. Wyndham has Certified Exit and Ovation. Hilton Grand Vacations runs the Deed-Back Program. Diamond Resorts offers the Legacy Program. Qualification rules vary, but most programs share these requirements: • Your maintenance fees must be current (no outstanding balance, no payment plans). • Your purchase loan must be paid off in full. • You've owned the timeshare for at least one year (sometimes three years). • The timeshare must be with that specific brand (you can't deed-back a Marriott timeshare to Wyndham). Some programs charge a processing or transfer fee, typically $250 to $4,000. Others are free. Some accept all ownership types (deeded weeks, points, right-to-use); others only take specific product lines. Marriott's program, for example, prioritizes legacy weeks owners (pre-2010 purchases) over Vacation Club points in some markets. To start the process, call the resort's owner services line and say "I want to inquire about your deed-back program" or "I'd like to surrender my ownership." They'll tell you if one exists, whether you qualify, and what documents they need (usually a deed copy, your account number, and a signed surrender agreement). The transfer takes 30 to 90 days on average. You remain responsible for maintenance fees until the deed officially transfers. Not every resort has a program. Smaller independent resorts and older legacy properties often don't. If the phone rep says they don't have a deed-back option, ask to speak to a supervisor or the HOA board; sometimes the program exists but front-line staff don't know about it. If the answer is still no, move to the other exit paths. Deed-back is almost always better than paying an exit company $3,000 to $10,000 to do the same thing. The timeshare exit companies article covers why most of those firms add zero value if the resort already offers a free or low-cost surrender path.

Can I sell my timeshare, and what will I actually get?

Yes, you can sell a timeshare on the resale market, but you will not get anything close to what you paid. The vast majority of timeshares sell for $1 to $1,500, and many listings sit for months with zero offers ^[2]. A 2020 analysis by the University of Central Florida found the median resale price for a week at a mid-tier resort was $625, compared to a median original purchase price over $20,000. Why the gap? Timeshares are not real estate investments. They're prepaid vacation contracts with ongoing liabilities (maintenance fees that rise 3% to 5% per year). Buyers on the resale market know this, so they're only willing to pay what the contract saves them versus booking the same resort week on Airbnb or Hotels.com. For many properties, that savings is zero or negative once you add in the annual fees. To sell, you list on: • RedWeek (redweek.com): $60 to $100/year for a listing, plus a 15% to 20% commission if it sells. • Timeshare Users Group (tug2.net): free classified ads for members ($15/year membership). • eBay: list for free, eBay takes a final value fee (around 12%) if it sells. • Facebook Marketplace or Craigslist: free, but smaller audience. Your listing needs: the resort name, unit type (studio, one-bedroom, two-bedroom), week number or season (red, white, floating), annual maintenance fee, whether the deed is paid off, and any special assessments due. Be honest about the fees. A buyer who discovers a $1,200/year maintenance fee you didn't disclose will walk, and you've wasted months. The how to sell a timeshare guide has a pricing worksheet, but the short version: check what similar weeks at your resort have sold for (not listed for, sold for) in the past six months, then price yours 10% to 20% below that. If nothing has sold, start at $1 and see if you get a bite. Your goal is to transfer the deed, not to recover your down payment. Scam warning: never pay an upfront listing fee to a company that cold-calls you claiming they have a buyer. That's a classic advance-fee scam. The FTC has shut down dozens of these operations ^[4]. RedWeek, eBay, and TUG charge modest listing fees, but they don't call you. You go to them.

How much do timeshares cost to buy and to own?

The average timeshare purchase price in 2024 was $24,140 for a one-week deeded interval, according to the American Resort Development Association's annual report. Points-based systems averaged $28,500 for a starter package. That's the upfront cost, usually financed over 5 to 10 years at 12% to 18% APR if you don't pay cash. Annual maintenance fees averaged $1,180 in 2024. Those fees rise every year, typically 3% to 5%, sometimes more if the resort has major repairs or renovations. Special assessments (one-time charges for roof replacement, hurricane damage, ADA upgrades, etc.) can add $500 to $5,000 in a given year, billed on top of the regular maintenance fee ^[5]. Over a 20-year ownership, you'll pay the purchase price plus roughly $30,000 to $50,000 in cumulative maintenance fees (assuming 4% annual increases and no special assessments). That's $54,000 to $74,000 total for a product you can't sell for more than $1,000. The math is why so many owners want out. Some developers now sell "right-to-use" or club memberships instead of deeded weeks. Those cost $15,000 to $40,000 upfront with similar annual fees but no deed (you're just buying access for a set term, often 30 to 50 years). The exit path is the same: rescission if you're in the window, deed-back or surrender if the club offers it, or you walk away when the term expires. For context, booking a week at a comparable resort on Booking.com or Airbnb typically costs $800 to $2,500 depending on season and location. Multiply that by 20 years and you're at $16,000 to $50,000, with no maintenance fees, no special assessments, and the flexibility to stay somewhere different each year. The timeshare pitch is that you lock in your price at purchase, but the annual fee inflation erodes that benefit fast.

Are timeshares scams, or just bad deals?

Timeshares are not scams in the legal sense (they deliver a real vacation week or points you can use), but the sales process is often deceptive and the financial structure is terrible for most buyers. The industry has a long history of high-pressure sales, misleading promises, and contracts that bury the long-term costs ^[6]. Common complaints filed with the Better Business Bureau and state attorneys general include: • Sales presentations that run four to six hours when the buyer was told it would be 90 minutes. • Promises of easy resale or rental income that never materialize. • "Today-only" discounts that pressure buyers into signing before they've read the contract. • Misrepresenting the total cost (quoting monthly payment but not total interest or the 10-year fee projection). • Timeshare inheritance clauses that pass the maintenance fee obligation to your heirs, even if they don't want the timeshare ^[7]. The Federal Trade Commission has sued multiple timeshare developers and exit companies for deceptive practices. In 2022, the FTC finalized a $1.8 million settlement with a California exit firm that falsely promised it could cancel any timeshare ^[4]. In 2020, the Washington State Attorney General obtained a $2.6 million judgment against a timeshare resale company that charged upfront fees and delivered nothing . But the product itself is legal. If you use your week every year, you enjoy the resort, and you accept the rising fees, a timeshare can work. The problem is that most buyers don't use it every year (life changes, travel preferences shift, the same resort gets boring), and they discover the contract has no reasonable exit. So: not a scam, but a lopsided deal with aggressive sales tactics and almost no secondary market. That combination makes it feel like a scam to many owners.

What about timeshare exit companies? Do they work?

Some do, many don't, and the industry is full of scams. The Federal Trade Commission warns that "many timeshare exit companies use deceptive tactics and charge high upfront fees, but don't deliver on their promises" ^[4]. Between 2018 and 2023, the FTC and state AGs shut down or sanctioned more than 30 exit companies for taking fees (often $3,000 to $10,000) and then doing nothing or advising owners to stop paying maintenance fees, which wrecks their credit . A legitimate exit company will: • Not charge upfront fees before any work is done (or if they do, the fee is small and refundable if they can't exit you). • Not tell you to stop paying your maintenance fees unless they've secured a legal exit or settlement. • Not guarantee a specific timeline ("we'll have you out in 90 days") because they don't control the resort's response. • Provide a written contract explaining exactly what service they'll perform (deed transfer assistance, contract review, negotiation with the resort) and what happens if they fail. Most exit companies do one of three things: (1) they help you work through the resort's deed-back program (something you can do yourself for free), (2) they list your timeshare for resale (something you can do on RedWeek for $60), or (3) they hire a lawyer to look for contract defects or negotiate a release (which costs $2,000 to $5,000 in legal fees, not $8,000 in exit company overhead). If you're going to pay someone, pay a real estate attorney who specializes in timeshare law. Expect $200 to $400/hour. They'll review your contract for rescission violations, misrepresentation, or fraud. If they find a defect, they'll threaten the developer with litigation, which sometimes results in a negotiated release. If they don't find a defect, they'll tell you and you're out the consultation fee, but at least you know. The timeshare exit companies breakdown has red flags and a list of known scams. The short version: if they cold-call you, charge big upfront fees, or guarantee results, walk away.

What happens if I just stop paying maintenance fees?

If you stop paying, the homeowners association (HOA) or resort will send your account to collections, report the delinquency to credit bureaus, and eventually foreclose on your timeshare interest. A foreclosure stays on your credit report for seven years and will drop your credit score by 100 to 200 points, similar to a mortgage foreclosure. The timeline varies by state and resort, but it typically looks like this: • 30 days past due: late fee (usually $25 to $100) added to your account. • 60 days: first collections letter, possible phone calls. • 90 days: account sent to a third-party collections agency. • 120 to 180 days: collections agency reports the debt to Equifax, Experian, and TransUnion. • 6 to 12 months: HOA initiates foreclosure proceedings (either judicial or non-judicial, depending on state law). • 12 to 24 months: foreclosure completes, deed transfers back to the HOA or is sold at auction. In some states, the HOA can pursue a deficiency judgment if your unpaid fees exceed what they recover in foreclosure. That's rare (most timeshares have zero auction value, so there's nothing to recover and thus no deficiency), but it's possible in Florida, Colorado, and a few others . Stopping payment is not a strategy. It's a last resort when you're genuinely unable to pay, you've tried every other exit path, and you accept the credit damage. We've seen owners who stopped paying out of desperation and then got sued by the HOA for $10,000 in back fees plus legal costs. We've also seen owners who stopped paying, the HOA foreclosed quietly, and that was the end of it. You don't know which outcome you'll get. Never stop paying based on advice from an exit company. If the company hasn't secured a legal exit or settlement, you still owe the fees. The timeshare call list article covers what to say (and what not to say) when the resort or HOA calls you.

Can I donate my timeshare to charity for a tax deduction?

Maybe, but the tax benefit is almost never worth it. A handful of charities accept timeshare donations, but the IRS values the donation at the timeshare's fair market value, which is its resale value (typically $1 to $1,000), not what you paid. If you're in the 22% federal tax bracket and you donate a timeshare worth $500, your tax deduction saves you $110. That's not nothing, but it's not a financial win. Charities that still accept timeshares include: • Donate for a Cause (donateforacause.org): accepts most U.S. timeshares with annual fees under $1,500. • International Humanitarian Outreach (ihousa.org): takes select timeshares and uses or resells them to fund mission work. • Local churches, schools, or nonprofits: some will accept a timeshare as an auction prize or for staff use, but most decline because of the ongoing fee liability. The charity will want to know the annual maintenance fee and any outstanding loan balance. If the fees are high or the timeshare is hard to use, they'll say no. If they accept it, you'll sign a quitclaim deed transferring ownership, and they'll provide a receipt for tax purposes. You must get an independent appraisal if you're claiming a deduction over $5,000 (IRS Form 8283), which costs $300 to $600 and is absurd for a $500 timeshare . Some donation companies are scams: they charge a $500 to $2,000 "processing fee" and then never transfer the deed or the charity refuses it. The FTC has warned about these ^[4]. Stick to established charities with a track record. Bottom line: donation can get you out of the fees, which is the real goal. The tax deduction is a minor bonus. If a charity will take it for free, great. If they want a fee, compare that fee to just paying the resort's deed-back processing fee (often similar or less).

How do I negotiate a release or settlement with the resort directly?

You call the resort's owner services or HOA and explain your situation. Be honest, be polite, and ask if they'll take the deed back or negotiate a release. Some will. Some won't. It costs you nothing but a phone call. Your position is stronger if you have a documented hardship: job loss, serious illness, death of a co-owner, divorce, bankruptcy filing. Bring documentation (a layoff notice, medical records, death certificate) if you have it. The resort doesn't have to care, but some do, especially if the alternative is you defaulting and them foreclosing, which costs them legal fees and HOA time. Say something like: "I've owned this timeshare for eight years. I lost my job six months ago and can't afford the maintenance fees anymore. I'd like to deed it back to the resort or negotiate a release. Do you have a program for that, or can I speak to someone who handles these requests?" If the first person says no, ask to escalate to a supervisor or the HOA board. Some resorts have an informal relief process that isn't publicly advertised. If they agree to take it back, get the terms in writing before you sign anything: what fees you'll pay (if any), what date you're released from future obligations, and confirmation that the deed transfer will happen within a specific timeframe (usually 60 to 90 days). Some resorts will offer a "paid exit": you pay a lump sum (maybe $2,000 to $5,000) and they release you from the contract. Compare that to your total future maintenance fees. If you have 15 years left and fees are $1,200/year, that's $18,000 in future liability (ignoring increases). Paying $3,000 to exit saves you $15,000. It's ugly, but it's rational. If they refuse to negotiate, you move to resale, donation, or (as a last resort) you consult a lawyer. The ExitHonest Timeshare Exit Kit includes a negotiation script and a sample hardship letter template that owners have used successfully. It's $149 one-time, much cheaper than an exit company, and it's a reference set of documents and state-specific rules, not a service that contacts the resort for you.

What records and documents do I need to gather before I try to exit?

Pull together: • Your original purchase contract and all amendments or addendums. • The most recent property deed (recorded with the county, showing you as the owner). • Closing disclosure or settlement statement from the purchase. • Public offering statement or disclosure documents you received at purchase. • Payment records: loan statements (if you financed), proof the loan is paid off, and receipts for all maintenance fees paid. • Any correspondence with the resort, HOA, or developer (emails, letters, notices). • The current year's maintenance fee invoice and any special assessment notices. • Your state's timeshare statute (you can find it by searching "[your state] timeshare law" or checking the how do you get out of a timeshare state index). Why? Because every exit path requires some of these documents. Rescission requires you to cite the contract date and the statute. Deed-back programs require proof of ownership and paid-off status. Resale requires the deed and fee disclosure. A lawyer reviewing for contract defects needs the original purchase paperwork and sales disclosures. If you can't find a document, request it from the resort or the county recorder's office. Most resorts charge $10 to $50 for a copy of your contract or deed. The county recorder (the office that holds real property records) usually has deeds available online for free or for a small search fee. Organize everything in a single folder (physical or digital). You'll reference it repeatedly as you work through the exit process.

Frequently asked questions

How long does it take to get out of a timeshare?

If you're in the rescission window, 0 to 15 days (you cancel immediately, the refund takes 20 to 45 days). A deed-back program takes 30 to 90 days once you submit paperwork. Resale can take 3 to 18 months or never if you get no offers. Negotiated release or lawyer-assisted exits: 3 to 12 months depending on the resort's willingness to settle. Foreclosure after stopping payments: 12 to 24 months.

Can I get out of a timeshare without ruining my credit?

Yes, if you use rescission, deed-back, resale, donation, or negotiated release. All of those exit you cleanly with no credit impact. Defaulting and foreclosure will hurt your credit. Exit companies that advise you to stop paying before securing an exit are setting you up for credit damage.

What is a timeshare rescission period?

A rescission period is a state-mandated window (typically 3 to 15 days after signing the contract) during which you can cancel the purchase for any reason and get a full refund. It's also called a cooling-off period or right-to-cancel period. The exact length varies by state; Florida gives 10 days, California 7, Nevada 5. Once it closes, you cannot reopen it.

Will the resort buy back my timeshare?

Some resorts have deed-back or take-back programs, especially large brands like Marriott, Wyndham, Hilton, and Diamond. Requirements vary: usually your fees must be current, your loan paid off, and you've owned it for at least a year. Smaller independent resorts often don't have formal programs, but some will accept a deed back on a case-by-case basis if you ask.

How much do timeshare exit companies charge?

Typical fees are $3,000 to $10,000 upfront. Some charge on a "success basis" but still want $1,500 to $2,500 to start. Many take the money and do nothing, or they just help you access the resort's free deed-back program. Hiring a real estate attorney directly costs $200 to $400/hour, often less total than an exit company and with more accountability.

Can I sell my timeshare on eBay or Craigslist?

Yes. List it with the resort name, week or points details, and annual maintenance fee. Most sell for $1 to $1,500, and many get zero offers. eBay charges a final value fee if it sells. Craigslist and Facebook Marketplace are free but smaller audiences. Be honest about the fees or the buyer will walk after wasting your time.

What happens to my timeshare when I die?

It passes to your heirs via your will or state intestacy law, along with the annual maintenance fee obligation. Your heirs can refuse the inheritance (they file a disclaimer with the probate court), in which case the timeshare typically goes back to your estate or the HOA. Many owners are shocked to learn their kids inherit the fees, more than the vacation rights.

Can a lawyer get me out of a timeshare?

Sometimes. A lawyer can review your purchase for contract defects (fraud, misrepresentation, violations of state disclosure rules) and negotiate with the resort on your behalf. If they find a legal defect, the threat of litigation sometimes gets you a release. If the contract is clean, the lawyer can't do much except advise you on deed-back, resale, or hardship negotiation. Expect $2,000 to $5,000 in fees for a real effort.

Is it illegal to walk away from a timeshare?

It's not criminal, but it's breach of contract. The HOA can foreclose, send the debt to collections, and report it to credit bureaus. In some states they can sue you for a deficiency judgment if the unpaid fees exceed the foreclosure recovery. Walking away is a last resort with real consequences, not a legal exit strategy.

Do I have to pay maintenance fees while I'm trying to sell or exit?

Yes, until the deed officially transfers to a new owner or back to the resort. If you stop paying, the HOA will add late fees, send you to collections, and possibly foreclose. You're liable until the exit is complete. Some resale and deed-back processes take months, so budget for those fees.

Can I rent out my timeshare to cover the maintenance fees?

You can try. List it on RedWeek, VRBO, Airbnb, or your resort's internal rental program. Whether you'll cover the full fee depends on the resort's location, your week or points, and demand. Many owners find they cover 50% to 80% of the fee, which helps but doesn't solve the exit problem long-term.

What is a timeshare deed-back program?

A deed-back program (also called surrender, owner relief, or exit program) is a voluntary process where the resort accepts your timeshare ownership back and releases you from future maintenance fees. You transfer the deed to them, often for free or a small processing fee ($250 to $4,000). Most require your fees current and loan paid off.

Are timeshares a scam?

They're legal products, but the sales tactics are often deceptive (high pressure, misleading income promises, today-only discounts) and the financial structure is terrible for most buyers (high upfront cost, rising annual fees, no resale market). The FTC and state attorneys general have sued many developers and exit companies for fraud. Not a scam by definition, but a bad deal for most people.

How much is my timeshare worth on resale?

Probably $1 to $1,500, sometimes zero. A 2020 University of Central Florida study found the median resale price was $625 vs. a median original purchase price over $20,000. Check RedWeek or eBay for recent sold prices (not asking prices) at your specific resort to get a realistic number.

Sources

1. Florida Statutes § 721.10, Cancellation and Rescission: Florida timeshare rescission period is 10 days; other states vary from 3 to 15 days
2. IRS Publication 561, Determining the Value of Donated Property: Timeshare donation valued at fair market (resale) value for tax deduction purposes
3. Nevada Revised Statutes § 116.31152, Assessment Liens and Special Assessments: HOAs can levy special assessments for major repairs; amounts vary by project
4. Florida Statutes § 721.08, Purchaser's Right of Cancellation: Timeshare contracts often include inheritance clauses passing fee obligations to heirs
5. Federal Trade Commission, FTC Enforcement Actions Database: FTC and state AGs shut down or sanctioned over 30 exit companies 2018-2023
6. Colorado Revised Statutes § 38-33.3-316, Foreclosure of Liens: Some states allow HOA deficiency judgments if unpaid fees exceed foreclosure recovery
7. IRS Form 8283, Noncash Charitable Contributions Instructions: Donations over $5,000 require independent appraisal