What is a Timeshare?
It is the concept of purchasing a recurring increment of time at a resort, condominium, apartment or other facility.
What does "rescission period" mean?
This is a grace period allowed by law and/or company policy during which a timeshare buyer has the right to cancel a purchase agreement without penalty.
What is Title Insurance?
When a property is financed, bought or sold, a record of that transaction is generally filed in public archives. Likewise, records of other events that may affect the ownership of a property, like liens or levies, are also archived. When you buy title insurance for your property, a title company searches these records to find - and remedy, if possible - several types of ownership issues. First, the title company searches public records to determine the property's ownership status. After this search, the underwriter will determine the insurability of the title. Even the most skilled title professionals may not find all problems associated with a property, though. Some risks, such as title issues due to filing errors, forgeries, or undisclosed heirs, are difficult to identify. So after the title company finishes its searching, it also provides a title insurance policy that will help protect you from a variety of issues that might be uncovered later. If you take out a mortgage loan when you buy your property, your lender will require a loan policy of title insurance. This protects the lender's interest in your property until your loan is paid off or refinanced. On the other hand, an owner's policy of title insurance insures your ownership rights to the property. Even though you'll pay for this policy only once, your coverage will last as long as you own your home. A real estate purchase may be the largest financial investment you ever make. So, when you buy an owner's policy of title insurance, just think of it as buying some peace of mind!
Transactions that fall under this category involve the conveyance of vacation ownership property to an unrelated party in exchange for consideration.
Can we use this form if we are working with a real estate broker?
Yes. Contact your broker who may have forms already created that we can use to complete your transaction.
When does the seller get paid?
After all closing documents have been properly executed and returned by both parties in recordable form, and the Buyer's purchase funds have been cleared and confirmed as good, the net purchase price will be disbursed to the Seller.
How is the buyer's purchase money held pending closing?
Escrow funds are deposited into a non-interest bearing bank account on behalf of the buyer. If the buyer delivers funds in a form other than a certified check, cashier's check or federal wire transfer, closing cannot occur until the purchase funds are cleared.
Are there additional costs associated with the closing?
There are some small additional fees associated with the recording of the deed. On average, recording costs range from $10.00 to $25.00 and are typically paid by the Buyer. A transfer tax may also be imposed and the Seller customarily pays this. Lastly, the resort may charge a transfer fee. The Buyer and Seller must decide upon which party is responsible. This must be indicated on the Order Form so that the payment can be as a part of the closing.
Transactions that fall under this category involve leasing the vacation ownership usage to another party in exchange for consideration.
Why do I need an Escrow Holder for this rental?
An Escrow Holder ensures that both parties receive the goods bargained for. Escrowed funds are not released until all requirements as stated In the rental agreement have been met.
What happens if the property is not available when I arrive to check in?
Prior to the reservation date, the Owner of the property will forward you a copy of the rental confirmation. We encourage you to confirm your arrival with the resort prior to travel. Money is held safely in escrow for your protection.
Why is the release of the rental fee delayed until after the reservation date has passed?
The rental fees are held in escrow until eleven (11) days after the stay is completed. The practice of holding funds protects both the owner and renter from any unforeseen circumstances that might affect either party.
I have a question about filling in my rental agreement, what should I do?
Please contact us right away at 866-505-9107 for further assistance.
What happens if the Rental Period starts in less than 60 days?
You can still utilize our escrow services, but the full amount of the Rental Fee must be deposited at the opening of escrow. We would require at least one week advance notice in order to establish an escrow account.
How are funds collected?
You may submit payment by credit card through our secure website, or you may send funds directly to us at 277 Rancheros Drive, Suite 180, San Marcos, CA 92069 - Attention: Rental Department. Please include your rental agreement information with your payment.
How are funds disbursed?
A check will be issued to the Owner eleven (11) days after the close of the rental period.
Transactions that fall under this category involve the conveyance of vacation ownership property to a related party without consideration.
Why do I need Title Insurance for this transfer?
Title Insurance insures that you own clear title to your property. We will defend your ownership of title and in the event there is a defect that is not resolved in your favor, we will reimburse you for your loss up to the policy limit.
What are transfer taxes and do we need to pay them?
When title is transferred to a new party, it may be subject to transfer tax by the Tax Assessor. In most cases, transfers through this program will be exempt from transfer taxes, due to special circumstances or lack of monetary consideration.
What about property taxes?
Property Taxes are assessed per the schedule of the state where your timeshare is located. This transfer may trigger a re-assessment of property taxes. For more information you should contact the Tax Assessor in the county where your timeshare is located.
What about HOA/COA Dues? HOA/COA Transfer Information? Must I notify the resort after closing?
Once the new party has received the newly recorded deed, they MUST provide a copy of the recorded deed to the management company's customer service department. This is sometimes referred to as New Owner Administration or Member Services. Failure to do so will result in the new owner having difficulty in scheduling their vacation. First American is unable to assist with information regarding membership or HOA dues as we are a third party service provider and do not have access to this information. Please contact the resort member services department for more information regarding this.
I am giving this timeshare to my neighbor — can I use this program?
No. A transfer between unrelated parties does not qualify for this program even if it is being given without consideration. This type of transaction qualifies for our Resale program. Please contact our Customer Service Department at 866-505-9107 to determine which department should handle your transaction.
What do we need if the owner of the timeshare is deceased?
Transfer after death is governed by the probate laws in the state in which the property is located and by the manner in which title was originally taken. You should first seek advice from the person handling the probate in the deceased's state of residency. In many cases, these situations may require additional documents to be drawn; additional fees may be incurred as a result. If all owners are deceased, the property will likely need to be probated before First American can assist with the ownership transfer. There are many factors involved in transferring ownership due to a death, please feel free to contact us at 866-505-9107 for more information.
Can we transfer the timeshare to our Family Trust?
Yes, this transfer is very common. We will need a Certificate of Trust to fulfill this request.
Can we transfer the timeshare if there is an outstanding mortgage or deed of trust?
No. In order to transfer title on your timeshare, the mortgage or deed of trust must be paid off in full prior to transferring.
Can you tell me what my vesting should be?
We cannot counsel you on how to vest title; however we can provide you with vesting rules and information.
What if there are multiple properties that we want to deed separately?
We can assist you with this as well. Each property will require a deed to be recorded, so additional fees will apply for each transaction.
Do you need to see our Divorce Decree?
A deed from both spouses to transfer ownership of the property to one spouse must still be signed by both spouses. We should be provided a copy of the Divorce Decree for review to ascertain whether the property has been awarded to the correct party.
How long will this take?
The entire process takes an average of four to eight weeks. This is dependent upon how quickly you complete your part and return documents to us.