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When contemplating the sale of a timeshare, it's essential to approach the process with thorough due diligence. The Timeshare Resale Contract form serves as a fundamental tool for owners, guiding them in selecting the right resale company to handle their property. This form contains a checklist designed to facilitate interviews with potential resale companies, ensuring owners ask the right questions and receive the necessary information before committing. Key details, such as the company’s name, business address, and years in operation, are crucial to verify the legitimacy of the business. Understanding the nature of the agreement is also vital; owners need to clarify if they will have exclusive rights to sell their timeshare or if they can pursue other avenues simultaneously. The form prompts inquiries about any affiliated companies that might influence the resale process. Furthermore, it emphasizes the importance of fully understanding any fees associated with the resale services. Owners are encouraged to seek clarity regarding what activities the resale company will undertake and the overall costs involved. By documenting these aspects, the Timeshare Resale Contract form helps protect sellers from potential pitfalls, ensuring they proceed with confidence when navigating the complexities of timeshare sales.

Timeshare Resale Contract Example

Timeshare Resale Company Checklist

The following checklist is for your use when interviewing prospective timeshare resale companies you might chose to hire to help you sell or rent your timeshare. To ensure you have the information you need prior to signing a contract or paying any fees to a company to advertise or sell your timeshare, ask them to complete this form and return it to you or use it to ask them all these questions when they call you.

1.What is the name of the owner or CEO and the permanent business address of the company you represent?

Owner Name _________________________________________________________________________________________

Company Name _______________________________________________________________________________________

Business Address ______________________________________________________________________________________

City ___________________________________________________________________ State _____ Zip ________________

How long has the company been in business under this name? _____ years

Is the company registered to do business in [state listed above]?

Yes No

2.How long from the time that I pay you or I sign an agreement will your company provide me with resale services:

Length of time resale activities will be provided _____________________________________________________________

Beginning date_______________________________________ Ending date _______________________________________

3.Please tell me the name, business address and website of any other companies that are affiliated with your company that might help you provide resale services:

Affiliated Company Name ______________________________________________________________________________

Affiliated Company Address _____________________________________________________________________________

City ___________________________________________________________________ State _____ Zip ________________

Affiliated Company Website(s) ___________________________________________________________________________

4.Is this an exclusive resale agreement? If Yes, does that mean I can’t try to sell my timeshare on my own or hire a different resale company to help me?

Exclusive Yes No

Scope of Exclusivity __________________________________________________________________________________

Exclusive From Date ______________________________________ To Date _____________________________________

5.May anyone else—other than me as the timeshare owner—occupy, rent, exchange or use my timeshare during the term of our

agreement or during the time you are providing me with resale services?

Yes No

6.Will any other person or company other than me as the timeshare owner receive money or other benefit generated from the use of my timeshare while it is for sale or rent?

Name _______________________________________________________________________________________________

Address _____________________________________________________________________________________________

City ___________________________________________________________________ State _____ Zip ________________

7.Please give me a complete description of the timeshare resale activities you will provide and the fees and costs for each service if separately charged, including any commissions that might be paid.

Description of Resale Activities __________________________________________________________________________

____________________________________________________________________________________________________

Fees and Costs for Services ______________________________________________________________________________

8.If your fees, costs or commissions go to pay for the eservices of a licensed real estate broker or salesperson, please tell me the state or states where broker or salesperson has a license(s) and the name under which the license(s) is held.

Name _______________________________________________________________________________________________

License Number __________________________________________________________________ State _______________

9.If I have to pay you more than $500 to sell my timeshare, please provide the information in A or B below or initial (or confirm over the phone) C:

A.The percentage of the number of listings of resale timeshare interests for sale compared to

 

the number of resale timeshare interests actually sold by the timeshare resale entity for each of

 

the past two calendar years:

Year 1 ___%

Year 2 ___%

or

 

 

 

 

B. The total amount of advance fees collected compared to the total amount of fees and commissions

 

received for the sale of resale timeshare interests by the timeshare resale entity for each of the

 

past two calendar years:

Year 1 ___%

Year 2 ___%

or

 

 

 

____

C. There is no guarantee that you will sell your timeshare interest at all or within any period of time

 

by purchasing this advertisement. Our only obligation to you in connection with your purchase

 

of an advertisement is to post your advertisement on our website for the agreed length of time and

 

to forward you all inquiries we receive on your behalf.

 

Additional Questions to Ask Timeshare Relief/Transfer Companies

In addition to the above questions, if you are dealing with a company that has offered to transfer your timeshare out of your name for an up-front fee, you can use these questions to obtain more information about the services that they plan on providing.

1.Please describe your timeshare transfer process from beginning to end.

Transfer Process ______________________________________________________________________________________

____________________________________________________________________________________________________

2.Provide the name and address of the individual or company that will own my timeshare after the transfer is complete.

Name of Individual or Company __________________________________________________________________________

Address______________________________________________________________________________________________

City _______________________________________________________________ State _____ Zip ____________________

The new owner is:

Corporation or LLC

Phone number ______________________________ Federal EIN ________________________

An individual person

Is the company or individual affiliated with your company? Yes No

Please provide the names of all of the documents will I have to sign ______________________________________________

____________________________________________________________________________________________________

Can I see the documents first and have my attorney review them? Yes No If No, why? _________________________

Please provide a timeline, from the date I sign an agreement to the date my timeshare is transferred _____________________

____________________________________________________________________________________________________

2. Are there any fees or costs that I must pay or reimburse to you in addition to the initial up-front fee? Yes No

If Yes, how much and what are they for? ___________________________________________________________________

3.How soon will the transfer be complete (should not exceed 180 days after signing the agreement)? _________________________

4.Please provide me with the name and address of the person or company who is responsible for paying all of my maintenance fees and expenses after you transfer my timeshare.

Name _______________________________________________________________________________________________

Address _____________________________________________________________________________________________

City ___________________________________________________________________ State _____ Zip ________________

6.On what date will the person or company be obligated to start paying my maintenance fees? ______________________________

7.Will you provide me with written evidence of the transfer of ownership of my timeshare, including a copy of any recorded documents within 30 days of the date of the transfer? Yes No If No, why? __________________________________________

8.Will you notify the following within 30 days of the day my timeshare is transferred out of my name to a third party?

The managing entity or owners’ association of my timeshare

Yes

No

If No, why? ___________________________

(If applicable) The exchange company for my timeshare

Yes

No

If No, why? ___________________________

Form Characteristics

Fact Name Fact Details
Purpose The Timeshare Resale Contract form is designed to help owners inquire about resale companies before entering into a contract or paying any fees.
Owner Information It requires the name and permanent business address of the company representative, and it asks how long the company has operated under its current name.
Exclusive Agreement The form asks whether the resale agreement is exclusive and specifies the implications of such exclusivity on the owner's ability to sell their timeshare independently.
Resale Services Duration It indicates the length of time that resale services will be provided, along with the beginning and ending dates of these services.
State-Specific Laws In states where the form is utilized, governing laws often include the real estate regulations applicable to timeshare resales, which may vary significantly.
Fees Transparency The form outlines any fees associated with resale services, requiring a detailed description of services and associated costs to ensure transparency for the timeshare owner.

Guidelines on Utilizing Timeshare Resale Contract

Filling out the Timeshare Resale Contract form involves carefully gathering necessary information and ensuring that it accurately reflects your intentions. This guide walks you through each step, making the process easier and helping you avoid common pitfalls. Prepare to take your time, as thoroughness now may save you from complications later.

  1. Provide Ownership Information: Write the name of the timeshare owner or CEO. Include the permanent business address of the company you represent. Fill in the city, state, and zip code.
  2. Company Duration: Indicate how long the company has been in business under the current name. Specify the number of years.
  3. Business Registration: Answer whether the company is registered to do business in the state mentioned in the address section (Yes or No).
  4. Service Duration: Fill in how long you will receive resale services after payment or signing an agreement. Include a beginning date and an ending date.
  5. Affiliated Companies: List the name, address, and website of other companies affiliated with this company that will assist in resale services.
  6. Exclusive Agreement: State whether this is an exclusive resale agreement. If yes, explain whether you can continue to sell your timeshare on your own or hire another resale company.
  7. Occupancy Permissions: Clarify whether anyone else, besides you, may occupy, rent, exchange, or use the timeshare during the agreement term (Yes or No).
  8. Financial Benefits: Note if any other person or company will receive money or benefits from your timeshare usage while it is up for sale. Include their name and address if applicable.
  9. Description of Services: Provide a complete description of the resale activities to be offered along with any fees or costs associated with these services.
  10. Broker Information: If fees are used to pay for services of a licensed real estate broker, indicate the state(s) where the broker holds a license and their licensing name.
  11. Advanced Fee Disclosure: If fees exceed $500, provide either the percentage of timeshare interests sold in the past two years or the total of fees collected compared to sales. Alternatively, confirm that there’s no guarantee of sale by initialing or confirming over the phone.
  12. Additional Questions for Transfer Companies: Answer questions describing the transfer process from beginning to end, provide the name and address of the new owner, indicate if the new owner is affiliated with anyone, and discuss other relevant documentation and fees.
  13. Timeline and Obligations: Fill out the timeline for the transfer process and state when maintenance fees will start being paid by the new owner.
  14. Written Confirmation: Confirm whether you'll receive written evidence of the transfer, including recorded documents.
  15. Notification Process: Lastly, answer with respect to notifications sent to the managing entity or owners’ association of your timeshare post-transfer.

After completing this form, you will have a better understanding of the contract's terms and what to expect from the resale process. Keeping your records organized and clear will not only safeguard your interests but also facilitate smoother negotiations with potential buyers or property firms.

What You Should Know About This Form

What is a Timeshare Resale Contract form?

A Timeshare Resale Contract form is a document that outlines the terms and conditions under which a timeshare owner authorizes a resale company to assist in the sale or rental of their timeshare. This contract typically contains important information about the parties involved, the services to be provided, any associated fees, and the duration of the agreement. It serves as a formal agreement between the timeshare owner and the resale company.

Why is it important to ask questions before signing the contract?

Asking questions ensures that you fully understand the agreement you are entering into. It allows you to assess the credibility and capabilities of the resale company. Knowing details such as how long services will be provided or if the agreement is exclusive can help you make informed decisions that may prevent future complications or misunderstandings.

What should I look for when reviewing the fees and costs?

When reviewing fees and costs, pay attention to any upfront fees, commissions, and additional charges that may apply. It's also important to understand the specific resale services provided for those fees. Look for transparency in cost breakdowns and ensure that all possible expenses are clearly outlined in the contract to avoid surprises later.

Can I sell my timeshare independently while under contract?

This largely depends on whether you have signed an exclusive resale agreement. If the agreement is exclusive, you may be restricted from selling or renting your timeshare on your own or involving another resale company. It’s crucial to clarify this with the resale company before proceeding, as it may impact your options.

What happens if my timeshare does not sell?

The contract should specify the responsibilities of the resale company in such cases. Often, they may not guarantee a sale within a specific timeframe. If the company fails to sell your timeshare, their only obligation may be to post the advertisement and forward any inquiries. Be sure to understand whether any additional fees apply regardless of the sale outcome.

What documentation should I expect after my timeshare is sold?

After your timeshare is sold, you should receive written evidence of the transfer, which may include a copy of recorded documents. You have the right to request this information and confirm the sale. Make sure that the resale contract outlines the timeline for when you'll receive these documents to ensure you're kept in the loop.

What if I have more questions during the process?

It’s perfectly acceptable to ask additional questions at any point in the process. Good communication with the resale company is essential. They should be willing to address your concerns and provide clarification on any aspects of the contract or resale process that may be confusing. Never hesitate to reach out for more information to make sure you're making the best decisions.

Common mistakes

Filling out a Timeshare Resale Contract form can be a daunting task, and mistakes can lead to misunderstandings or financial loss. One common error is failing to completely and accurately provide the names and addresses required. The form explicitly requests the full name of the owner or CEO, the business address, and more. Omitting any of this information can raise red flags or result in a lack of accountability down the line.

Another frequent misstep occurs when individuals do not thoroughly check the duration of resale services being offered. It is vital to clearly note the beginning and ending dates of the services. If these dates are left blank or logged inaccurately, a person may find themselves without help when they need it most. Contracts can be complex, and understanding the timeline can prevent potential pitfalls.

Many people also overlook the implications of exclusivity in a resale agreement. If marked "exclusive," the owner may be prohibited from selling the timeshare independently or engaging other companies for resale. Clarity on this point is crucial, as misunderstandings can lead to significant restrictions on a person’s options and financial outcomes.

In addition, failing to inquire about potential additional beneficiaries can be problematic. The form poses the important question of whether anyone other than the owner will receive funds from the sale. Neglecting this aspect may lead to unexpected arrangements that conflict with the owner’s intentions for their timeshare.

Many individuals, when completing the form, skip the important step of understanding the costs associated with the resale services. The form requests a detailed description of fees and any commissions. An incomplete or unclear response can result in unforeseen expenses. Understanding these financial commitments beforehand can help avoid surprises later.

Finally, a common mistake involves ignoring the section that asks whether a licensed real estate broker is involved. This information is essential, especially if fees exceed a certain threshold. Neglecting to fill this out can lead to confusion regarding who is responsible for sales activities and could potentially complicate legal responsibilities in the transaction.

Documents used along the form

When selling or renting your timeshare, several other forms and documents can accompany the Timeshare Resale Contract. These documents help clarify the terms of the transaction and protect your interests throughout the process. Below is a list of five important forms that may be useful.

  • Listing Agreement: This document outlines the agreement between you and the resale company, specifying the terms under which your timeshare will be marketed for sale. It typically includes details like commission rates and the duration of the listing.
  • Disclosure Statement: A disclosure statement provides important information about the resale process, including any fees associated and the potential risks of selling your timeshare. It aims to inform you comprehensively before you proceed with the sale.
  • Power of Attorney: If you cannot be present during the sales process, granting a power of attorney allows someone else to act on your behalf. This document outlines the extent of their authority concerning your timeshare sale.
  • Transfer of Ownership Document: This form is essential for the legal transfer of your timeshare to a new owner. It includes essential details about both parties and serves as proof of ownership transfer once completed.
  • Maintenance Fee Agreement: This agreement outlines the responsibilities regarding ongoing maintenance fees after the sale. It clarifies who will pay maintenance fees until the transfer is finalized.

These documents are vital for your peace of mind and ensuring that the process of transferring your timeshare happens smoothly and legally. Keeping clear communication throughout this process helps protect your rights and interests.

Similar forms

  • Real Estate Purchase Agreement: This document outlines the sale of a property, similar to how a Timeshare Resale Contract details the terms of selling a timeshare. Both contracts specify parties involved, sale price, and conditions that must be met for the sale to go through.
  • Rental Agreement: A rental agreement establishes the terms of renting property, just as the Timeshare Resale Contract covers the terms of reselling the timeshare. Both documents often include the rental term, payment details, and responsibilities of each party.
  • Lease Agreement: Like the timeshare contract, a lease agreement clarifies responsibilities and rights for a specified period. They both detail occupancy rights and the use of property, protecting the interests of both parties.
  • Exclusive Agency Agreement: This agreement grants one party the authority to sell on behalf of the owner, similar to an exclusive resale agreement in timeshares. Both require understanding restrictions on the owner's ability to pursue other sale options.
  • Service Agreement: This document defines the services provided by a company, akin to the details included in the Timeshare Resale Contract about services offered for timeshare resale. They both clarify fees and the scope of services.
  • Transfer of Ownership Agreement: A transfer agreement handles the change of ownership of a property, which is similar to the process of selling a timeshare in a resale contract. Both documents ensure compliance with legal requirements and provide details on the new ownership.
  • Business Partnership Agreement: This agreement outlines the terms between business partners, much like the arrangements made in a timeshare resale contract between the owner and the resale company. Both establish roles, responsibilities, and expectations.

Dos and Don'ts

When filling out the Timeshare Resale Contract form, it's essential to be diligent and informed. Here’s a list of actions that can guide you through the process effectively.

  • Do ask detailed questions. Ensure you gather all necessary information about the company and its services before signing anything.
  • Do read the fine print. Review the terms of the contract carefully to understand what services you will receive and any associated fees.
  • Do keep records. Maintain a copy of all communications and the completed form for your protection and reference.
  • Do consult with a professional. Consider seeking advice from an attorney or a legal expert to ensure you fully understand the implications of the contract.
  • Don't rush the process. Take your time to think through the decisions you are making to avoid potential pitfalls.
  • Don't overlook hidden fees. Be vigilant about any hidden costs that may not be immediately apparent in the agreement.
  • Don't assume exclusivity means no options. Clarify whether you can sell your timeshare independently or if you are restricted in doing so.
  • Don't sign without understanding. Ensure you fully comprehend all elements of the contract before affixing your signature.

Misconceptions

Misconceptions about the Timeshare Resale Contract form can lead to confusion for owners looking to sell or rent their timeshare. Here are eight common misconceptions and explanations for each:

  • All companies guarantee a sale. Many owners believe that paying a fee guarantees a sale. In reality, no reputable company can ensure a sale within a specific timeframe.
  • Exclusive agreements prevent self-selling. Some might think that signing an exclusive agreement means they cannot sell their timeshare independently. However, the terms of exclusivity can vary, so it’s important to understand what rights are retained.
  • Fees only cover advertising. Owners often assume that their fees only go toward advertising their timeshare. Yet, these fees may also cover other services, such as legal or administrative costs.
  • All resale companies are the same. There’s a belief that every resale company offers the same services and effectiveness. In truth, services and reputations can differ widely among companies.
  • Affiliated companies enhance credibility. Some owners think that if a resale company is affiliated with other firms, it automatically adds credibility. This is not always true; affiliation does not guarantee quality or success.
  • Maintenance fees disappear after sale. Owners often think that once the timeshare is sold, they no longer owe any maintenance fees. Unfortunately, maintenance fees may still apply until the transfer is completed.
  • All contracts are straightforward. Many people assume that contracts are written in simple language. In reality, contracts can be complex and may contain terms that are easily misunderstood.
  • Transfer companies always handle maintenance fees. There is a common belief that transfer companies will always pay ongoing maintenance fees after a transfer. However, this responsibility depends on the specifics outlined in the contract.

Being aware of these misconceptions can help timeshare owners make informed decisions and avoid potential pitfalls in the resale process.

Key takeaways

When engaging with the Timeshare Resale Contract form, several important points should be kept in mind. These takeaways will guide you through the process, ensuring clarity and confidence as you proceed.

  • Know the Company. Always start by gathering the essential information about the timeshare resale company. This includes the name of the owner or CEO, the business address, and how long the company has operated under that name.
  • Understand the Agreement Duration. Clarify the length of time the company will provide resale services for your timeshare. Knowing the start and end dates is crucial for your planning.
  • Explore Affiliated Companies. Inquire about any affiliated businesses. These affiliations might enhance the services offered, affecting how your timeshare is marketed or sold.
  • Exclusive Agreements Explained. If the contract is exclusive, it’s essential to understand its implications. An exclusive agreement might limit your ability to sell the timeshare on your own or enlist another company’s help.
  • Occupancy During Sale. Ask whether anyone else can rent, occupy, or use your timeshare while it's up for resale. This factor could impact potential income or usage during the sales process.
  • Financial Transparency is Key. Know whether anyone other than you will benefit financially from the timeshare while it is listed for sale. Such arrangements can affect your overall earnings.
  • Activity and Fee Overview. Be aware of the specific resale activities the company commits to and any associated fees. Understanding what services you are paying for is fundamental to avoid surprises later.

Involving yourself in these aspects will equip you with a better understanding and a more strategic approach as you fill out and utilize the Timeshare Resale Contract form. Knowledge is your best ally in this process.