How to Create a Timeshare Deed
Creating a valid timeshare deed is an important part of the ownership transfer process. Whether you’re selling, gifting, or transferring your timeshare to someone else, it’s essential that each step is completed correctly to ensure the transfer is legally binding and properly recorded. Below is a simple step-by-step guide on how to create a timeshare deed.
Quick guide to create and record a timeshare deed
- Fill out the deed.
- Have both parties sign in front of a notary public
- Make a copy of the signed deed for each party.
- You may want to have an attorney assist you with the new deed.
- Submit the original notarized deed to the county clerk’s office, along with any required recording fees or tax fees. (Once the clerk’s office records the deed, they send it to the purchaser).
- Contact the county clerk in the county where the timeshare is located to get a new deed for the property.
Step-by-step guide to create and record a timeshare deed
A timeshare deed is the legal document that transfers ownership of a timeshare property from one person (the seller or grantor) to another (the buyer or grantee). It serves as proof of ownership and must be properly executed, notarized, and recorded with the county where the timeshare is located.
1. Fill out the deed
Contact the county clerk’s office where the timeshare is located to request the proper timeshare deed form. Each state (and sometimes each county) has its own requirements, so make sure to use the correct template.Begin by completing the deed form accurately with the full legal names of both the buyer (grantee) and the seller (grantor), as well as a clear description of the timeshare property. This should include the resort name, unit number, and week or points ownership details. Be sure to include the legal property description exactly as it appears on your original deed. Accuracy is crucial at this stage – mistakes in names, numbers, or legal descriptions can cause delays or even invalidate the transfer.
2. Have both parties sign in front of a notary public
Once the deed is filled out, both the buyer and the seller must sign it in the presence of a licensed notary public. The notary’s role is to verify the identity of each party using valid photo identification and to witness the signatures to ensure the transaction is legitimate. Without proper notarization, the deed will not be accepted for recording by the county clerk’s office.
3. Make a copy of the signed deed for each party
After notarization, make at least one copy of the signed and notarized deed for both parties involved. This ensures that each person has a record of the transaction while the original document is being submitted for recording. These copies can also be useful if the recorded deed takes several weeks to be processed or mailed back by the county.
4. You may want to have an attorney assist you with the new deed
Although it’s not always required, having a real estate attorney or a licensed timeshare transfer company assist you with preparing or reviewing your deed can help avoid costly mistakes. Each state and county may have unique formatting or legal requirements for deeds, and professional assistance ensures that your document meets all local regulations. This is particularly important if you’re transferring property across state lines or dealing with complex ownership structures.
5. Submit the original notarized deed to the county clerk’s office, along with any required recording fees or tax fees
Next, take or mail the original notarized deed to the county clerk’s office in the county where the timeshare property is located. You’ll also need to include any required recording fees and, if applicable, transfer or tax fees specific to that jurisdiction. Once the deed has been officially recorded, the county will mail it to the new owner, confirming that the transfer of ownership is now part of the public record.
6. Contact the county clerk in the county where the timeshare is located to get a new deed for the property
After the deed has been recorded, contact the county clerk’s office to confirm that the process is complete and to obtain a certified copy of the new recorded deed. You’ll also need to notify the resort or management company where the timeshare is located to update their ownership records. Some resorts charge a small transfer fee for updating their internal system to reflect the new owner’s details.
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Transferring a timeshare deed correctly helps protect both the buyer and the seller by ensuring that the ownership change is legally documented and recognized. Because the process varies by state and resort, it’s often best to work with a licensed timeshare transfer company like Resort Closings, which can handle every step on your behalf – from deed preparation to county recording and resort notification.