New Hampshire Timeshare Foreclosure and Right to Cancel Laws

Learn about New Hampshire timeshare laws, including contract disclosures, the right to cancel, and foreclosure procedures and protections.

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New Hampshire laws provide timeshare purchasers with some protections, but the timeshare laws are not very extensive since state law focuses on condominiums and land sales. However, New Hampshire does require timeshare developers to provide you with a public offering statement and allow you to cancel the timeshare contract if you change your mind, if act quickly. Also, keep in mind that if you don't make mortgage payments or timeshare assessment payments, you could lose your New Hampshire timeshare to foreclosure.

Keep reading to find out more about the most significant features of New Hampshire law that pertains to timeshares.

Public Offering Statement

A public offering statement contains general information about the timeshare development. In New Hampshire, the timeshare developer must provide the purchaser with a copy of the public offering statement by the time of the transfer of the timeshare interest (N.H. Rev. Stat. Ann § 356-A:4(II), § 356-B:50(II)).

The public offering statement must disclose important information about the timeshare, such as the developer's name and address, a description of the timeshare unit, and information about how to cancel the contract, among other things (N.H. Rev. Stat. Ann § 356-A:6, § 356-B:52).

Your Right to Cancel a Timeshare Purchase in New Hampshire

In New Hampshire, you can cancel the timeshare contract within five days from:

  • the date of the contract, or
  • the date you receive the public offering statement, whichever is later (N.H. Rev. Stat. Ann § 356-A:4(II), § 356-B:50(II)).

How to Cancel a Timeshare Contract in New Hampshire

You can cancel your timeshare purchase by providing written notice of your intent to cancel to the developer by:

  • hand-delivery, or
  • United States mail, return receipt requested (N.H. Rev. Stat. Ann § 356-A:4(II), § 356-B:50(II)).

If you choose to mail the notice of cancellation, you must also provide the developer with telephonic notice of cancellation within the five-day cancellation period (N.H. Rev. Stat. Ann § 356-A:4(II), § 356-B:50(II)). (See Nolo’s article on how to cancel a timeshare contract for more information on how to rescind a timeshare purchase.)

Refunds

The developer must return all funds you paid no later than ten days after receiving your written notice of cancellation (N.H. Rev. Stat. Ann § 356-A:4(II), § 356-B:50(II)).

Escrow Account Required in New Hampshire Timeshare Transactions

When you purchase a timeshare in New Hampshire, the timeshare developer must put any money you pay in connection with the purchase into an escrow account until the closing (or you cancel the purchase) (N.H. Rev. Stat. Ann § 356-A:9-a, § 356-B:57).

Disposing of a New Hampshire Timeshare

If the cancellation period has expired 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.

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 a New Hampshire 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?)

How to Locate New Hampshire’s Timeshare Law

To read the statutes governing timeshares in New Hampshire, go to the New Hampshire Legislature’s webpage at www.gencourt.state.nh.us. Click on “NH State Laws” and “Browse” to find the Table of Contents for the New Hampshire statutes. The statutes covering condominiums and land sales (including timeshares) can be found in Title 31 (XXXI), Chapter 356A (Land Sales Full Disclosure Act) and Chapter 356B (Condominium Act).

by: , Contributing Editor

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