Kansas Timeshare Foreclosure and Right to Cancel Laws
Kansas doesn't have specific laws related to timeshares, but the timeshare contract and other Kansas laws might help if you want to cancel the deal.
Unfortunately, if you buy a timeshare in Kansas and later decide you want to back out of the deal, there is no state law that gives you the right to cancel the contract (though the purchase agreement may give you the right to rescind the agreement). In addition, you should keep in mind that if you don't make mortgage payments or timeshare assessment payments, you could lose your Kansas timeshare to foreclosure.
Also, while Kansas does not have any laws specific to timeshares, it does provide consumers with some protection when it comes to real estate advertisements, including timeshare advertisements. For example, Kansas law prohibits brokers and salespeople from making misleading or inaccurate statements when advertising timeshares for sale. Read on to learn more about the parts of Kansas law that pertain to timeshares.
Cancelling a Timeshare Contract in Kansas
Kansas law does not specifically address timeshares. This means that, unlike in many other states, timeshare purchasers do not have a specific right to cancel the contract. However, if you purchase a timeshare in Kansas and get cold feet, your timeshare purchase agreement may give you the right to rescind the contract. So read the contract carefully. Usually, the cancellation period is limited to just a few days so you’ll need to act quickly if you decide you want out of the deal. The method by which you should cancel is usually contained in the contract itself, if available.
Door-to-door sales. If the transaction is a door-to-door sale, you get 3 business days after signing the contract to cancel. (A "door-to-door sale” includes sales of property, or leases of property, in which the seller is personally soliciting the sale from the purchaser and the sale occurs at a place other than the seller’s business.)
Disposing of a Kansas Timeshare
If the cancellation period has expired (or there wasn’t one) and you’re having difficulty making your timeshare payments or just want to be relieved of your timeshare obligation, see Nolo’s article Options to Avoid a Timeshare Foreclosure to learn about different ways to dispose of a timeshare.
In Kansas, real estate brokers and salespersons may not make misleading or inaccurate statements in advertisements or use confusing trademarks in order to induce you to buy a timeshare. (Kan. Stat. Ann. § 58-3086).
Kansas 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 Find Kansas’ Laws
To find the Kansas statutes, go to www.kslegislature.org.