Montana Timeshare Foreclosure and Right to Cancel Laws
Learn about Montana timeshare laws, including contract disclosures, the right to cancel, and foreclosure procedures and protections.
Thinking of buying a timeshare in Montana? Learn about Montana laws designed to protect you.
Under Montana law, timeshare sellers must provide you with a detailed disclosure (called a public offering statement) when you purchase a timeshare and you get the right to cancel the contract, so long as you act quickly. In addition, timeshare sellers are prohibited from making false or misleading statements to get you to buy a timeshare. However, if the time allotted to cancel the purchase has expired and you don't make your timeshare mortgage or assessments payments, you may lose your timeshare through foreclosure. Read on to learn more about the most important features of Montana’s timeshare law.
Public Offering Statement
A public offering statement contains general information about the timeshare development and important matters that you should consider when acquiring a timeshare. If you buy a timeshare in Montana, the person who offers or sells you the timeshare must provide you with a written public offering statement before you sign an agreement to purchase the timeshare (Mont. Code Ann. §37-53-303).
The public offering statement must include, among other things, contact information for the developer, a general description of the timeshare units (including prices), the current budget for the timeshare development, the types of financing available, and information about how to cancel the contract (Mont. Code Ann. § 37-53-303).
Right to Cancel a Timeshare in Montana
In Montana, you can cancel a timeshare contract within seven days after:
- receiving the public offering statement, or
- signing the timeshare purchase agreement, whichever is later (Mont. Code Ann. § 37-53-304).
The right to cancel is not waivable (Mont. Code Ann. § 37-53-304).
How to Cancel
To cancel the contract, you must provide written notice of the cancellation to the developer or the developer's agent either by:
- certified mail, or
- personal delivery (Mont. Code Ann. § 37-53-304). (Get more tips on how to cancel a timeshare contract.)
Sales License Required
In Montana, any salesperson involved in the sale or offering of a timeshare must be licensed as a timeshare salesperson and must be affiliated with at least one registered timeshare project (Mont. Code Ann. § 37-53-301).
False and Misleading Statements are Illegal
Montana law makes it illegal for any person to make a false or misleading statement of fact in connection with the offer, sale, or lease of a timeshare interest. State law also prohibits timeshare sellers from engaging in any act to defraud timeshare purchasers (Mont. Code Ann. § 37-53-307).
Often, timeshare purchasers take out a loan to finance the purchase of a timeshare. If you don't make your timeshare mortgage payments, you could lose your timeshare through foreclosure. (Learn more in Nolo’s article Timeshare Foreclosures.)
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?)
Finding Montana’s Timeshare Laws
To find the statutes that govern timeshares in Montana, go to http://leg.mt.gov and click on “Laws and Constitution” and then “Current Laws” to access the statutes. Then go to Title 37 (Professions and Occupations), Chapter 53 (Timeshare Sales), and look in Part 3 (Licensure of Brokers and Salespersons).