North Dakota Timeshare Foreclosure and Right to Cancel Laws

Learn about North Dakota timeshare foreclosure laws, right to cancel laws, and other timeshare contract laws.

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North Dakota timeshare laws are not very extensive. In fact, the statutes do not specifically reference timesharing. (State law focuses on subdivided lands, not timeshares.) Nevertheless, North Dakota does provide timeshare purchasers with a few protections. For example, timeshare sellers may not use deceptive practices or misleading statements to get you to buy a timeshare and timeshare sellers must have a real estate license.

Since North Dakota has few laws to protect timeshare purchasers, you need to be cautious when purchasing a timeshare in North Dakota. Also, keep in mind that if you don't make mortgage payments or timeshare assessment payments, you could lose your North Dakota timeshare to foreclosure. Read on to learn more about the most significant features of North Dakota law that pertain to timeshares.

North Dakota Law Does Not Provide a Right to Cancel a Timeshare Purchase

The North Dakota statutes do not provide timeshare purchasers with the right to cancel a timeshare purchase. Most other states do provide a right to cancel a timeshare contract within a certain period of time. So if you are in North Dakota, don't be lulled into thinking you have a similar right.

The Contract May Give You the Right to Cancel

Even though state law does not provide timeshare purchasers in North Dakota with the right to rescind a timeshare agreement, the timeshare contract itself may provide you with a certain number of days to cancel the deal. If so, the method by which you should cancel will typically be contained in the purchase contract. (See Nolo’s article on how to cancel a timeshare contract for more information on how to rescind a timeshare purchase.)

Disposing of a North Dakota Timeshare

If 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.

Consumer Protections in North Dakota

Timeshare salespeople are known for using hard-sell tactics and misrepresentations to get you to make a snap decision about buying a timeshare. North Dakota provides some protections to shield timeshare purchasers from deceptive sales practices.

Fraud is Prohibited in Timeshare Sales

North Dakota law prohibits any seller (including timeshare sellers) from making any untrue statements or omitting important facts when selling subdivided lands, which includes timeshares. The law also states that it is illegal for any salesperson to use any device, scheme, or deception to defraud purchasers (N.D. Cent. Code § 43-23.1-12).

Real Estate License Required

In North Dakota, timeshare salespersons must be licensed with the North Dakota Real Estate Commission (N.D. Cent. Code § 43-23.1-17).

North Dakota Timeshare Foreclosures

In many cases, 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 a North Dakota foreclosure.

In addition to monthly mortgage payments, timeshare owners are generally responsible for maintenance fees, special assessments, utilities, and taxes, collectively referred to as “assessments.” You will also likely face foreclosure if you fall behind in the timeshare assessments. (For more information on timeshare assessment foreclosures, see Nolo’s article Can Timeshares Be Foreclosed for Nonpayment of Fees and Assessments?)

Finding North Dakota’s Timeshare Law

To read the statutes that govern timeshare transactions in North Dakota, go www.legis.nd.gov. Then click on “Century Code” under the “Laws and Consititution” heading. Look in Title 43 (Occupations and Professions), Chapter 43-23.1 (Subdivided Lands Disposition Act).

by: , Contributing Editor

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