While it is true that a timeshare contract is a binding legal document, an experienced timeshare attorney will explain how there is a common misconception that such a contract cannot cancelled.
In fact, most timeshare resort companies maintain that their contracts are non-cancellable. This misleading claim is perpetuated by timeshare resorts and user groups that are under the control of the timeshare developers.
In reality, under the law, contracts are cancellable for many reasons, including fraud and mistake.
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Furthermore, a timeshare owner who is suffering from the obligations of a contract may “terminate” it and no longer be bound by the contract for reasons other than breach.
“Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance.” Uniform Commercial Code 2106(4); see 13 Corbin (Rev. ed.), -73.2; 13 Am.Jur.2d (2000 ed.)
“Termination” occurs when either party, pursuant to a power created by agreement or by law, puts an end to the contract otherwise than for its breach. Uniform Commercial Code sec. 2106 (3)
Since it is the law of the land, that a breach of contract by a party to the contract may result in the other party being released from their obligations under the contract, the notion that one is forever bound by a timeshare contract is erroneous as a matter of law.
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