How to Create a Timeshare Sales Agreement
A timeshare transfer is a real estate contract (transaction). Your sales agreement should be detailed, accurate, and signed by all parties to avoid delays at closing. Use this guide to draft a clean, legally sound agreement that your resort and county will accept.
Quick Checklist (what to include)
- the name of the resort and unit number(s)
- the weeks in which the timeshare is available
- whether those weeks are fixed, floating, or tied to a points system
- interest information (fee simple, estate for years, membership, etc.)
- who is responsible for maintenance fees, special assessments, and delinquent fees
- what will happen in the case of default
- names, contact information, and signatures of all parties
- any other relevant terms of the sale
Step-by-step: drafting & finalizing your timeshare sales agreement
1. The name of the resort and unit number(s)
List the resort’s full legal name exactly as it appears on ownership records, along with the specific unit or account identifiers. Include building or phase, unit number, and any internal resort IDs so there’s no ambiguity when the deed and transfer paperwork are prepared and reviewed.
2. The weeks in which the timeshare is available
Specify the exact week number(s) on the interval calendar and the check-in day, or if the resort uses seasons or colors, state the season designation. If multiple weeks are included, identify each one clearly and indicate whether current-year usage has been used, banked, or remains available to the buyer.
3. Whether those weeks are fixed, floating, or tied to a points system
Clarify the usage type: fixed week (same week/unit each year), floating week (subject to booking windows and availability), or points. For floating/points, note booking rules, annual allotments, expiration dates, and whether any banked or borrowed usage is included in the sale.
4. Interest information (fee simple, estate for years, membership, etc.)
Identify the legal interest being conveyed – commonly fee simple (deeded), estate for years, right-to-use, or membership. This determines the correct deed or assignment form and how the county and resort will record and recognize the transfer.
5. Who is responsible for maintenance fees, special assessments, and delinquent fees
State clearly who pays past-due amounts and who is responsible for current-year maintenance fees, taxes, and any special assessments. Include prorations as of the closing date and specify who pays resort transfer or administrative fees to avoid disputes at funding.
6. What will happen in the case of default
Explain remedies if either party fails to perform – how the deposit is handled in escrow, cure periods, and whether disputes go to mediation, arbitration, or court. If the resort has Right of First Refusal (ROFR), include what happens to timelines and deposits if ROFR is exercised.
7. Names, contact information, and signatures of all parties
Use the exact legal names that will appear on the deed, plus mailing addresses, phone numbers, and emails for every buyer and seller. Ensure all required signers execute the agreement; if a trust, LLC, or estate is involved, include authority documents for the signatory.
8. Any other relevant terms of the sale
Add deal-specific details such as included furnishings, parking or locker rights, exchange company memberships, closing deadlines, contingencies for clear title or ROFR waiver, and any documents the resort requires. The goal is a complete, unambiguous contract that the resort and county will accept without delay.