Timeshare Arbitration | Timeshare Cancellation

Do You Have A Case?

Timeshare Owners, have you purchased your timeshare under deceptive circumstances or duress?

Our Attorneys at Ross, Lynn, and Associates can help you recover the money you have invested over the years using the litigation or arbitration clause in your purchase agreement.

To find out if you qualify, click the button below to fill out a discovery intake questionnaire.

No obligation to hire us if you have a case!

What Is Arbitration?

Arbitration is a method of resolving disputes outside the court system, eliminating the high expense of a lawsuit. It involves a neutral third party, typically a retired judge or attorney, who reviews the evidence and arguments presented by both sides before rendering a binding decision.

Only a small percentage of arbitration cases actually go to trial, with estimates ranging from 2-5% of cases reaching a full trial, meaning that roughly 95-98% of cases settle before trial through negotiation, settlements, or other means.

Why Timeshare Developers Rather Arbitrate Than Litigate?

A timeshare developer relying on fraudulent and deceptive sales methods typically seeks to avoid resolving disputes with consumers in court, as these court cases generally involve hearings in front of a jury composed of the consumer's peers.

The timeshare developer expects that a jury of the consumer's peers will empathize with the consumer and be outraged by the blatant deceit of the sales agents employed by the timeshare developer.

To prevent legal action, timeshare developers typically include a clause in their purchase agreements that requires arbitration for any disputes related to the purchase of your timeshare.

Avoiding court is a good strategy for the timeshare developer, but it does come with unforeseen consequences that we will discuss shortly.

For now, here is an example of an arbitration clause pulled from a real timeshare contract:

What Are The Resort's Consequences?

Timeshare resorts know that 98% of timeshare owners will not read their contract on the day of the purchase, let alone for the first 7-10 years of their purchase. Therefore, unless you are reading this or understand legal jargon, you are unaware that you have waived your right to sue the resort or that you have the right to arbitrate your purchase to seek a refund.

Many timeshare owners remain in their contracts for 20-30 years, often being forced to own a timeshare or pay for it, while the resorts continue to operate without consequence.

Once an arbitration claim is filed, it usually costs the resort a minimum of $10,000 to conduct the arbitration, and the cost can be significantly higher. Our attorneys have personally handled arbitrations for timeshare fraud disputes that cost over $50,000 to defend.

Keep in mind that the timeshare owner has to pay only $200 -$250 of this cost to file a claim, while the timeshare developer is responsible for the balance. In this case, if you pay $200, the timeshare has a balance of $49,800.

That means the timeshare developer is starting at $10,000-$50,000 in the hole just for the privilege of showing up and defending against an allegation of timeshare fraud.

How Does This Help You?

When a timeshare owner with a legitimate fraud claim requests arbitration against a timeshare developer that falls under this arbitration category, the timeshare owner begins with significant leverage, as the timeshare developer is then required to do the following:

Pay their own attorney $500 - $800+ an hour for countless hours to defend the arbitration;
Pay 95% to 98% of the expenses associated with carrying out the arbitration, likely amounting to tens of thousands of dollars; and
They must defend a case against a timeshare owner who is likely justified and has a strong chance of succeeding in arbitration, potentially receiving a monetary award that could range from tens to hundreds of thousands of dollars, depending on the specifics.

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Why Would The Resort Be Willing To Settle?

The timeshare developer is experiencing significant financial losses during arbitration, motivating them to settle the case quickly. As a result, this situation provides consumers with the advantage to achieve a positive outcome.

Not to mention the harmful exposure they will receive from local and national media outlets, social media outlets, and the potential of thousands, if not hundreds of thousands, of timeshare owners that will become aware of their ability to seek compensation for deceitful business practices.

Suppose you'd like to get out of your timeshare and are willing to take a loss on what you have invested over the years. In that case, this arbitration clause can help you as well.

If you call the resort to ask them to take back the timeshare, the resort will not let you out of your contract just because "you are no longer using it or have a financial hardship," even if you're willing to take a loss on what you have paid them over the years.

Studies indicate that the average timeshare owner spends over $50,000 over the next 20 years just in maintenance fees, which means the resorts profit more by retaining you as a member.

Do You Believe You Are A Victim And Need Help?

Have you ever felt the salesperson may have lied, misrepresented, or intentionally withheld information for their financial benefit, in order to sell you the timeshare?

If you believe that enforcing the arbitration clause can help you cancel your timeshare and recover the money you have paid your resort over the years, please fill out our Client Intake Questionnaire and answer 20 questions that will allow us to determine if you have enough claims to file an arbitration or litigation claim.

Once your questionnaire has been filled out, we will review your claims and contact you within 24 hours to provide you with our assessment.

You can call our office directly at 561-359-0244