Missouri Agreement for the Purchase of a Time-Share Ownership with the Seller Financing the Purchase

State:
Multi-State
Control #:
US-02007BG
Format:
Word; 
Rich Text
Instant download

Description

Time-sharing involves the division of ownership of property into a number of fixed time periods during which each purchaser has the exclusive right of use and occupation. These properties are typically resort condominium units, in which multiple parties hold rights to use the property, and each sharer is allotted a period of time (typically one week, and almost always the same time every year) in which they may use the property.

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FAQ

Though many consumers do not realize it, buying, selling or renting timeshare often constitutes a legal real estate transaction that is not only binding but often regulated by law. When a timeshare property is owned by deed (deeded ownership), it is considered real property.

The cancellation must be in writing, and cancellation is effective when the letter is postmarked. According to state law, the seller must give the buyer an 18-point, boldface printed notice of the right to cancel at the time of purchase. Follow through on promotional offers.

When the owner dies, the timeshare becomes part of the estate. The inheritors of the timeshare become the new owners, and they are obligated to take over the timeshare fees. If you want to avoid this issue, name your heirs co-trustees of your timeshare.

State law gives you the right to cancel the contract within three business days (excluding weekends and legal holidays) if the seller personally solicited and presented the contract in your home. The salesperson must advise you of this right and acknowledge it in the contract.

But, there are 12 states that are still considered non-disclosure: Alaska, Idaho, Kansas, Louisiana, Mississippi, Missouri (some counties), Montana, New Mexico, North Dakota, Texas, Utah and Wyoming. In a non-disclosure state, transaction sale prices are not available to the public.

Although real estate laws vary from states and counties, both residential and commercial transactions are required to disclose defects about the property sold. In Missouri, a seller is obliged to fill out a seller disclosure statement notifying the buyer of any defects that could affect the property's value.

A timeshare is a vacation property arrangement that lets you share the property cost with others in order to guarantee time at the property. But what they don't mention are the growing maintenance fees and other incidental costs each year that can make owning one unbearable.

Deeded timeshares are considered real estate not personal property. You own property rights to a deeded timeshare until you sell it, until the time frame on the contract expires, or until you pass away. You maintain partial ownership and equity in the property, which you share with the other timeshare owners.

§ 339.730. 1. This states that an agent must disclose to any potential buyer "all adverse material facts actually known or that should have been known by" the agent. In other words, real estate agents cannot lie for you without risking their license.

A timeshare is not an investment, it's a vacation. It's also an illiquid asset that is likely to lose value over time. Ultimately, timeshares are like swimming pools, if you buy one, do so because you love the idea of owning it, not because you expect to make a profit.

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Missouri Agreement for the Purchase of a Time-Share Ownership with the Seller Financing the Purchase