
The American Resort Development Association (ARDA) released three
advisories to help consumers and timeshare owners navigate through the
secondary market, which includes timeshare resellers, internet
advertisers and other resale companies, to ensure a safe and positive
selling experience. The advisories were developed to help dispel
the growing misinformation and confusion in the secondary marketplace by
providing specific tips on reviewing timeshare resale companies, their
practices, costs and services in the marketplace.
Resale
Advisory I: focuses on the types of timeshare resellers with four steps to
guide consumers through the process: utilizing existing resources, understanding timeshare resale
companies, choosing the best option, and following basic
rules.
Resale
Advisory II: provides tools to
evaluate resale companies with a list of
tips.
Resale
Advisory III: ARDA recently learned of a new scheme involving timeshare
resales that not only preys upon consumers but falsely cites ARDA as a
reference. ARDA does not contract with, become involved
with, authorize, or endorse any company’s resales
activities.
Resale Tips
DO
-
Check with your resort
developer (if they are still selling), resort management company or
homeowner’s association to see if they either offer a resale
program or are affiliated with a broker to handle resales. If so, ask
for the statistics on past resales.
-
Check with other owners at your
resort. Those who own the weeks before or after you may wish to purchase
more time.
-
Check with local licensed
real estate brokers who handle resales (check the real estate or
classified section) if you have purchased in a resort area.
If you find one, expect commissions to be in the 10 to 30
percent range. You may also find a broker in your hometown, but he or
she may not be that familiar with timeshares.
-
Run ads in the real estate or
travel sections of newspapers in the resort area or your
hometown.
-
Research advertising
costs in national publications that have an emphasis on travel and
leisure. Online advertising rates may be
more cost effective, but check and compare prices. Check at your library to see which have a classified section
for travel/real estate opportunities.
-
Understand the specific
services of the resale company that you hire before signing a contract
or paying a fee. For instance, if a resale
company is only helping you advertise your timeshare, then their
services typically will not include assisting you with writing a
sales/rental contract, negotiating with a buyer/renter or assisting with
the closing. However, the resale advertiser
might have a licensed affiliate who can help you (probably for an
additional charge).
-
Notify both your resort and
your exchange company in writing that you are selling your timeshare
with full details about the new owner.
-
Deal only with licensed
real estate brokers if you are doing more than just advertising. When in
doubt of a company’s reputation, ask for references – and
ask to speak with past sellers. And check out the status of the
broker’s
real estate license at www.arello.com
-
Understand that timeshare
resellers holding real estate licenses are usually
“full-service” companies. This
means that they will not only help with advertising your timeshare but
also assist buyers, help negotiate prices, write up contracts and assist
with the closing. Some licensed companies
may charge an up-front fee (if permitted by state law) or they may
only—or also—charge a commission (10% to 30%) when a sale
occurs, based on the price for the timeshare interest
sold.
DON'T
- Don’t expect to
receive the same amount that you originally paid for your
timeshare. Many factors influence the resale
price including season, location, unit size and age. In particular, if you have owned your timeshare interest for
less than five years or if it is not in a well-known resort location,
the resale price will reflect this.
Remember, a timeshare should be considered a vacation-use
product, rather than a traditional real estate investment, although it
may include a small interest in real estate.
- Don’t give up the right
to use the timeshare accommodations for any purpose while you are
selling your timeshare unless you have decided to rent your
week/interval —for which you should receive the rental amount less
any commissions.
Selecting a Resale Company
The following are the
procedures that ARDA and its members suggest using when choosing a
resale company:
- Be prepared by having all your
paperwork in order before proceeding (see the resale
checklist).
- Ask what methods the
company will use to advertise and promote the property. How can you get
regular information on the status of the property? Be sure you know
exactly what services the company will perform before making any
payments, signing a contract or giving any credit card
information. Get a written contract with a
full description of the services to be provided.
- If you receive an offer from a
resale company by telephone, email or otherwise, resist any pressure to
make an immediate decision. Ask the reseller to put details of the offer
in writing and send the information through the mail or by email. Obtain
a written contract before making any payments or providing your credit
card information.
- Once you have received the
contract, be sure you understand the terms and conditions,
including:
- any fees, commissions or other
costs you must pay
- whether you can still rent or
sell the interest on your own
- how long the contract will be
in effect
- exactly what services the
company will provide
- who is responsible for
documenting and closing any sale
- Some resale companies
charge up-front or advance fees for resale activities. The legality of
these fees depends on your state law. Check your state law before paying
any advance fees. You may wish to consult with a state government agency
such as the Department of Real Estate, Real Estate Commission or the
Bureau of Timesharing to determine the legality of such fees in your
state. A list of such agencies is available
at www.arello.com.
- Ask if the company holds
a real estate brokers license in its home state. Check with the state
real estate licensing agency or www.arello.comto verify the information.
- Understand that, despite
what some salespeople may tell you, there
are no guarantees that your vacation interest can be resold or rented at
a particular price or within a certain period of time. Resale of
property is not an overnight process. Do not expect immediate results,
but don’t hesitate to check on the progress your company is making
on reselling or renting. If you have listed
your timeshare with a resale advertiser (rather than a licensed broker
or sales person), any buyer or renter inquiries will usually come
directly to you.
- If you have a problem, report
it to the proper agencies: The Better Business Bureau, state and local
real estate commissions and consumer protection agencies, consumer
reporters, and state attorneys general.
- Make sure you get a written
contract and understand the terms of the contract before paying any
money.
- Be aware that some
resale companies require up-front fees which are not
refundable. Some of these fees may
legitimately be for advertising your timeshare—ranging from as
little as $25 to hundreds of dollars.
- Be wary of companies offering
gimmicks, such as money-back guarantees, or threats or scare tactics in
order to get money from you.
- Ask questions regarding the
company’s background, history of resale or rental success, and who
at the company, if anyone, will handle the closing and at what
cost.
Resale Checklist
Even though it’s a
vacation-use product, selling a timeshare usually involves the same
steps involved in selling real estate, such as a house. Before selling
your timeshare, make sure that you have your paperwork in order. The
following checklist should help.
-
the name, address, and phone
number of the resort
-
the deed, and the contract or
membership agreement which clearly identifies the timeshare you own
-
the financing agreement (if
you are still paying for the property)—remember you’ll have
to pay this off before you can transfer your timeshare to a new owner
-
any title insurance
information
-
any other information to
identify clearly your particular interest or membership
-
the exchange company
affiliation
-
the amount and due date of
your maintenance fee, and whether it has been paid for the current
year
-
the amount of real estate
taxes (if billed separately), the due date, and whether they have yet
been paid for the current year
-
the date your timeshare will
next become available for use by a new owner or when a new owner can
first make a reservation
-
whether or not your timeshare
is a fixed week and/or unit or requires an advance reservation (a
floating or flex-time timeshare)
-
gather copies of the
documents governing the resort owner’s association, if any, the
resort’s rules and regulations, reservation rules and any other
information that would be helpful to a new owner, such as area
attractions
-
know whether or not your
vacation interest is legally classified as real estate or personal
property, as this will make a difference in how it is conveyed to a new
owner
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