Castle Law Group Warns That Timeshare Legislation Changes Mean Trouble for Timeshare Cancellation Companies

Share Article

Non-lawyer advocacy groups and timeshare cancellation companies are quickly becoming outdated and ineffective, while risking civil and criminal prosecution for providing legal services without a law license.

News Image
Timeshare contracts and ancillary documents are very detailed sophisticated legal documents that require legal review and analysis from experienced well-trained lawyers.

Recent developments in timeshare law have led to drastic changes in how timeshare owners can successfully cancel their timeshare contracts. These law changes include the passage of Florida House Bill 453 and Senate Bill 932, bills that lower timeshare companies' liability for fraud or scams.

Castle Law Group (CLG) is the largest law firm in the United States that works on timeshare cancellation and litigation cases. CLG’s legal team has helped thousands of clients begin their journey to legally terminate their timeshare contract.

Castle Law Group’s process is dramatically different from the standard “advocacy” approach taken by most timeshare cancellation companies. Unlike non-lawyer advocates, CLG advises its clients on their options under timeshare, real estate and consumer laws, crafts a legal strategy for each client, represents the client in negotiating a favorable resolution to the timeshare owners claims and/or, when necessary, filing legal actions on behalf of the client seeking equitable and/or monetary relief. Castle's senior partner, Judson Phillips, explained, “Unlicensed advocates are simply not qualified or properly licensed to provide these crucial legal services.”

Timeshare contracts and ancillary documents are very detailed sophisticated legal documents that require legal review and analysis from experienced well-trained lawyers. Moreover, an unlicensed advocate cannot negotiate directly with the developer, or represent the client should litigation be necessary.

“These cancellation companies do the timeshare owner a great disservice when they tell them they are the best or only option to resolve their timeshare dispute,” Phillips stated. “Owners need a qualified attorney who can negotiate a binding settlement agreement with the developer providing a legal and final solution forever releasing the owner from any and all future liability to the timeshare company.”

A cancellation company’s services will not and cannot result in the owner obtaining a binding written settlement and release agreement. In fact, even if the advocate’s ghost writing campaign results in some sort of contract termination or deed back scenario, the client often doesn’t realize the timeshare company still has the right to sue the owner to recover monies owed to the developer or home owners association.

“It is not uncommon for owners to call our law firm when sued by the developer stating that they had been represented by an advocacy company for “cancellation” services, and surprised that the advocate’s services did not protect them from being sued," stated Chris Butler, a CLG timeshare attorney. “Cancellation companies do not openly disclose to the timeshare owners that their “cancellation” or “deed back” services do not in any way protect the owner from being sued in the future for breach of contract and other legal claims.”

To make matters worse, advocacy companies have become less effective over time as timeshare developers have increasingly recognized these company’s “advocacy” techniques, resulting in such services being ineffective. While most cancellation companies tout a “proven cancellation process,” this advocacy process amounts to nothing more than a series of form letters that now go largely ignored by the timeshare developer. Phillips explains that, “Quite honestly, a timeshare company has no incentive to favorably respond to these advocate form letters knowing that the advocate, unlike a lawyer, has no power or authority to sue the developer on behalf of the owner.”

Finally, the owners of timeshare cancellation companies run a high risk of confronting claims relating to the Unauthorized Practice of Law (UPL), Intentional Interference with Business Contracts, and many others. UPL allegations arise when cancellation companies advise their clients on timeshare related legal matters, prepare legal documents for clients, and when they imply that they are legally representing the client. For example, advocacy groups routinely advise clients regarding the interpretation of timeshare contracts, whether the developer’s actions violate laws or regulations, whether an owner should pay timeshare maintenance or mortgage payments. These actions constitute practicing law without a license in most states, subjecting the cancellation company to civil or criminal sanctions. In fact, it is not uncommon for the targeted timeshare company to file a UPL complaint against the advocate, often resulting in the advocate’s services being enjoined by state bar associations, and sometimes leading to the advocates prosecution for the unlicensed practice of law.    

Consequently, given the fact that timeshare disputes revolve around the interpretation, modification and/or termination of one or more timeshare contracts, the best and most qualified individual to assist a timeshare owner is a well trained attorney experienced in timeshare related disputes.

Those interested in more information about Castle Law Group’s timeshare related legal services can contact Castle via its website (http://www.castlefirm.com) or by calling (615) 787-8099.

About Castle Law Group: Castle Law Group is a full-service law firm. In addition to legal timeshare cancellation services, Castle handles other areas of personal and business law including estate planning, real estate law, corporate and transactional law, labor law, intellectual property, civil litigation, and others. Castle Law Group provides no-obligation consultations. Anyone with questions can learn their legal options by calling Castle Law Group.

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Carly Vaughn
Castle Marketing
+1 844-578-4866
Email >
Castle Law Group, PC
since: 03/2015
Like >
Follow us on
Visit website