Idaho Timeshare Foreclosure and Right to Cancel Laws
Learn about Idaho timeshare foreclosure laws, right to cancel laws, and other timeshare contract laws.
Timeshare laws in Idaho are not very extensive, but they do provide timeshare purchasers with several important protections. For example, if you purchase a timeshare in Idaho, you have the right to cancel the contract, but you’ll have to act fast. In addition, Idaho law prohibits timeshare salespeople from making misleading and fraudulent statements to potential timeshare purchasers. Keep in mind that if you don't make mortgage payments or timeshare assessment payments, you could lose your Idaho timeshare to foreclosure.
Read on to learn more about the most significant features of Idaho’s timeshare law.
Right to Cancel a Timeshare in Idaho
In Idaho, you have up until 11:59 p.m. of the fifth calendar day after signing the contract to cancel a timeshare purchase (Idaho Code Ann. § 55-1804A).
How to Cancel
To cancel the contract, you must provide notice to the seller in writing by:
- personally delivering the notification, or
- sending the notification by certified mail (Idaho Code Ann. § 55-1804A).
The timeshare purchase contract must include a statement about your right to cancel in boldface type on the signature page and must include the address of the seller so you know where to send the notice of cancellation (Idaho Code Ann. § 55-1804A).
Public Offering Statement
A public offering statement contains detailed information about the timeshare project and important matters you should consider when buying a timeshare interest. In Idaho, a copy of the public offering statement must be provided to each prospective timeshare purchaser before he or she signs the purchase agreement.
The public offering statement must include the following information (among other things):
- the name and principal address of the developer of the timeshare project
- a general description of the timeshare
- information concerning improvements that currently exist or are under construction (including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities, and customary utilities)
- the estimated cost, date of completion, and responsibility for construction and maintenance of existing and proposed improvements
- all unusual and material circumstances or features affecting the timeshare
- information about your right to cancel the purchase, and
- any other information that is necessary or appropriate in the public interest or for the protection of purchasers (Idaho Code Ann. § 55-1807).
Idaho Consumer Protection Laws
Timeshare salespeople are known for using hard-sell tactics and misrepresentations to get you to make a snap decision about buying a timeshare. Idaho law provides protections to shield consumers from deceptive sales practices.
Fraud and Misrepresentation is Illegal
Idaho law makes it illegal for a timeshare seller to:
- knowingly make any materially false statement or representation in any document pertaining to the timeshare sale (or omit any material statement or fact in any such document)
- employ any device, scheme, or artifice to defraud
- make any untrue statement of a material fact (or omit to state a material fact necessary in order to make the statements not misleading), or
- engage in any act, practice, or course of business that operates or would operate as a fraud or deception upon purchasers or the public (Idaho Code Ann. § 55-1812).
Real Estate License Required
In Idaho, timeshare brokers and salespeople must be licensed (Idaho Code Ann. § 55-1817).
Idaho Timeshare Foreclosures
Often, timeshare purchasers take out a loan to finance the transaction. If the deadline to cancel the purchase has expired and you don't make your timeshare mortgage payments, you could lose your timeshare through foreclosure. (Learn more in Nolo’s article Timeshare Foreclosures. And read about Idaho's Foreclosure Laws.)
In addition to monthly mortgage payments, timeshare owners are ordinarily responsible for maintenance fees, special assessments, utilities, and taxes, collectively referred to as “assessments.” If you fail to keep up with the assessments, you will also likely face foreclosure. (Find out more in Nolo’s article Can a Timeshare Be Foreclosed for Nonpayment of Fees or Assessments?)
How to Locate Idaho’s Timeshare Law
To read the statutes governing foreclosures in Idaho, go to the state legislature’s webpage at www.legislature.idaho.gov, then hover over “Statutes & Rules” and click on “Idaho Statutes.” The relevant statutes can be found in Title 55, Chapter 18.