If you are looking for a complete, step-by-step roadmap to ending your ownership, start with our Ultimate Guide to DIY Timeshare Cancellation. This article is a specialized deep-dive into Florida timeshare cancellation laws, which is just one part of the broader legal strategy used to get out of a timeshare legally.
1. The 10-Day “Cooling Off” Mandate
Florida is the timeshare capital of the world, and because of this, it has the most robust consumer protection statutes in the industry. Under Florida Statute § 721.10, every purchaser has an “unwaivable” right to cancel their contract.
The 10-Day Reality: You have until midnight on the 10th calendar day to exercise this right. This window is non-negotiable and, unlike other states, it is calculated in calendar days, not business days. If your 10th day falls on a Sunday or a holiday, your letter must be postmarked before that deadline to be legally valid.
2. The “What-To” Do: Triggering the Clock
Many owners mistakenly believe the 10-day clock starts only when they get home from vacation. In reality, the clock starts on the later of two dates:
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The Execution Date: The day you signed the contract at the resort.
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The Receipt of Documents: The day you received the last required document, specifically the Public Offering Statement (POS).
What-To do if you didn’t get your documents:
If the resort “forgot” to give you the digital or physical copy of the POS, your 10-day window hasn’t technically started. However, resorts are highly skilled at proving digital delivery. Assume your clock started the day you signed to avoid being locked in on a technicality.
3. The “Unwaivable” Right (The Salesperson’s Lie)
During the high-pressure sales presentation, you may have been told you are signing a “special deal” that waives your right to cancel. You might have even initialed a box saying you “forgo the rescission period” for a lower interest rate.
The “What-To” Know: Under Fla. Stat. § 721.10(2), any attempt by a developer to obtain a waiver of your cancellation right is illegal and void. Even if you signed a waiver, you still have the full 10 days to cancel.
4. The Mailing Protocol: Avoiding the “Wrong Address” Trap
Florida law requires that you notify the “seller” in writing. The most dangerous mistake you can make is mailing your cancellation to the resort where you took the tour.
What-To do for Mailing:
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Locate the “Notice” Address: Look at the “Cancellation Rights” section of your contract (usually near the signature line). There will be a specific address for the Developer or Escrow Agent.
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Use USPS Certified Mail: Florida law considers the notice “given” on the date it is postmarked. By using Certified Mail with a Return Receipt, you have government-stamped proof that you met the deadline.
5. Refund Realities: When Do You Get Your Money Back?
Once you successfully cancel under Florida law, the developer is required to refund your total payments, reduced only by the value of any “benefits received” (like a stay you already used).
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The Deadline: The developer must issue your refund within 20 days of receiving your notice or within 5 days of your check clearing—whichever is later.
Don’t Let the Florida Sun Blind You to the Deadline.
The Florida statutes are designed to protect you, but they are unforgiving of mistakes. A single missing signature or an incorrect “Notice” address can result in a rejected cancellation, leaving you with a $25,000 debt.
Our Immediate Exit Rescission Bundle ($97) includes the Florida-Specific Rescission Template that cites § 721.10 and includes the “No-Waiver” clause to shut down resort pushback. We also provide the database of mailing addresses for major Florida developers like Wyndham, Marriott, and Westgate.
Download the Florida Rescission Toolkit – Secure Your Refund Now