Canceling a Timeshare Contract in Arizona
Arizona timeshare laws are in place to protect and help timeshare owners who may need to get out of timeshare contracts.
In the event that you have bought or are considering buying a timeshare in Arizona, or are confronting a timeshare abandonment, its vital to take in the responses to the accompanying inquiries:
- How would I wipe out a timeshare buy in Arizona?
- In the event that I quit making installments on my Arizona timeshare, what is the most well-known kind of timeshare dispossession methodology (legal or nonjudicial)?
- Will I face dispossession in the event that I don’t pay the evaluations?
- Will I be at risk for a lack judgment after the abandonment?
Arizona Timeshare Laws Explained
Arizona’s laws covering timeshare exchanges are found in its Timeshare Owners’ Association and Management Act. Below you’ll discover the main points you need to know regarding the protections provided for timeshare buyers by Arizona timeshare laws.
Rights to Cancel a Timeshare Contract in Arizona
In Arizona, you may rescind a timeshare purchase agreement up until 12 o’clock a.m. of the 7th day taking after the date you consented to the buy arrangement. These are calendar days, not business days. All Arizona timeshare purchase agreements must incorporate an announcement of the right to rescind (cancel) the purchase (Ariz. Rev. Detail. § 32-2197.03(a)).
Step by Step Instructions for Arizona Timeshare Cancellation
To get rid of a timeshare agreement in Arizona, you must give composed notice of cancellation in writing to the vendor. The intent to cancel notice has to be sent to the timeshare seller’s physical address, which must be incorporated in the timeshare purchase documentation provided at the time you buy a timeshare. The effective date of timeshare cancellation in Arizona is the date that you send your notice of cancellation sent (Ariz. Rev. Detail. § 32-2197.03 (A)(3)).
Timeshare financing or loan (Deed of Trust) Foreclosures
Did you acquire financing to buy your deeded timeshare and neglect to make your timeshare contract installments? If so, you will probably be facing timeshare foreclosure as in any other case of real estate financing abandonment. In Arizona, timeshare abandonments are ordinarily nonjudicial. This implies that timeshare foreclosure in Arizona does not require court supervision and is taken care of by a trustee.
Foreclosures in the Case of Timeshare Assessments Delinquency
Beyond the required timeshare financing installments, Arizona timeshare owners are almost always required to pay fees for timeshare maintenance , special assessments, utilities, and taxes.
In Arizona, the timeshare property’s managers’ association may proceed with a nonjudicial foreclosure for default of these fees and assessments if the timeshare owner has neglected to pay these required payments for a time of one year (Ariz. Rev. Detail. § 33-2211(a)). (Nonetheless, a nonjudicial foreclosure is not allowed if the timeshare affiliation’s purchase disclosure explicitly obliges a legal dispossession.)
Notice of Delinquency of Arizona Timeshare Payments
Before launching a nonjudicial timeshare foreclosure for non-payment of required timeshare ownership fees, a timeshare association (or their assignees) provide the timeshare owner with an official notice of such payment delinquency that provides:
The name of the owner of the timeshare property.
The nature and measure of the owner’s present misconduct in installment of fees and/or assessments.
The legal identification and description of the holder’s timeshare home.
The name and address of the timeshare affiliation or other overseeing management firm.
The name and address of the trustee assigned by the affiliation or overseeing element to direct the sale of the timeshare property (Ariz. Rev. Detail. § 33-2211(b)).
Arizona Timeshare Recording, Mailing & Posting Requirements
The management of the timeshare property or overseeing agency must:
- Record the notice of misconduct with the county recorder’s office in which the timeshare property exists.
- Mail a duplicate by Certified mail with return receipt requested to the owners who are delinquent in their payments.
- Post a synopsis of the delinquency notice on a timeshare owner’s announcement board or other area for viewing by the timeshare association. (Ariz. Rev. Detail. § 33-2211(d)).
Right to Catch Up Timeshare Fees in Arrears
The timeshare contract holder has 30 days to pay up the delinquent fees. In the event that the account is not fully paid inside 30 days, the timeshare management affiliation or overseeing agents can ask the trustee to follow through with a nonjudicial Arizona timeshare foreclosure (Ariz. Rev. Detail. § 33-2211(f)).
Right to Prevent a Trustee’s Sale
In the event that you procured a deeded timeshare interest before January 1, 2009, you can stave off a nonjudicial Arizona timeshare foreclosure by submitting a completed form to the timeshare’s trustee and to the timeshare management affiliation or other overseeing agent within the 30 days after the timeshare association or agency overseeing the foreclosure sent you the initial letter of delinquency. This form should be supplied to you along with the notice of delinquency.
This form has to be sent back to the original sender by certified mail, return receipt requested (Ariz. Rev. Detail. § 33-2211(i)(1)).
When you submit the form, the timeshare management must stop the nonjudicial foreclosure proceedings. However, they (or their agents) may proceed with other allowable means to collect on the debt, including a lawsuit (Ariz. Rev. Detail. § 33-2211(i)(3)).
Arizona Timeshare Deficiency Judgments
At the point when a bank or financing company forecloses on a timeshare loan, the aggregate obligation owed by the borrowers to the moneylender can be more than the what the timeshare can be sold for. The deficiency (amount of the difference between what was owed and the market value of the timeshare) cannot be recovered by the financing company from the original borrower according to Arizona timeshare laws. (Independent Mortgage v. Alaburda and Warner, 281 P.3d 1049 (2012)).
Arizona Timeshare Laws for Review
The laws representing timeshares in Arizona are found in Chapter 20 of Title 33 of the Arizona Revised Statutes. The statutes overseeing nonjudicial abandonment are placed in Chapter 6.1 of the same title. To peruse the statutes, go to www.azleg.gov.
Too Late to Cancel a Timeshare in Arizona?
If canceling a timeshare contract in Arizona is no longer an option for you according to the Timeshare Laws of Arizona, call us now for a Free Consultation. Redemption and Release, LLC can make your Arizona timeshare cancellation exit strategy simple and cost-effective. Contact us today at 1-888-743-9051 or use our Online Contact Form to request free, no-obligation information about canceling a timeshare contract in Arizona.