Georgia Law Regarding Timeshare Sales

Credit: www.thriftlegal.com

Timeshare law in Georgia is regulated by Georgia Code, Title 44 which is also referred to as the Georgia Timeshare Act.  This code is responsible for the enforcement and compliance of timeshare statutes in the state of Georgia.

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Timeshare Cancellation in Georgia
Under timeshare laws in Georgia, purchasers and developers have an opportunity to cancel a sales agreement within a seven-day rescission period, not including Sundays and Holidays. All payments made by the purchaser before cancellation must be refunded by the developer within 30 days of notice of cancellation. In addition, you may be protected under consumer protection laws of Georgia.

Georgia Timeshare Contract
Per O.C.G.A.44-3-170 (10): If your timeshare (or reservation) is not available and you are legally entitled to it through your timeshare contract, then the resort must compensate you through either monetary compensation or another use period. If you are denied your “week” or right to use, then per this Georgia timeshare law you have a right to take action.

Timeshare Advertising Scams
Have you been a victim of a timeshare advertising scam? O.C.G.A. 44-3-185 protects your rights as potential buyer and owner through Georgia timeshare law. O.C.G.A. 44-3-185 (a) states that it is unlawful for a timeshare advertiser or salesperson to put forth any advertisements which are misleading or false. This includes misrepresentation of the resort, right to use, or future improvements that do not exist.

Timeshare Dispute in Georgia, Penalty or Suspension of Rights
Under Georgia timeshare law, O.C.G.A.44-3-170 (11), if you are facing a penalty or suspension of your owner rights from the developer, you have an opportunity to dispute before the penalty is enforced.

Timeshare Contract Matters

-Questions regarding management agreements, listing agreements, or sales contracts and leases
-Earnest Money or security deposit disputes
-Disputes over payment by/for licensee for services
-Landlord/tenant disputes regarding condition of property, eviction or past owed rent
-Discord with/regarding homeowners’ association management
-Ethical behavior or poor business practices of licensees

For these types of complaints an attorney or local magistrate should be contacted.

Have you received a letter of determination stating no evidence of fraud or violations of the Georgia Timeshare Act were found following a written complaint? Did you fail to obtain meaningful communication or a favorable result following complaints to the Better Business Bureau, The Georgia Attorney General’s Office, or other administrative body?

Should you have questions regarding a lawsuit against a timeshare entity, a timeshare agreement/contract or protecting your rights, please contact our firm. Craig Thrift and Ryan McLemore will be happy to assist you and answer any questions you may have. We offer confidential, non-binding, free consultations to potential claimants.

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