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The California RE 615 form serves a crucial role in protecting the rights of consumers who purchase time-share interests. This official document, issued by the State of California Department of Real Estate, outlines the cancellation rights afforded to buyers, ensuring they can withdraw from a purchase without facing penalties. Buyers have a specific timeframe of seven calendar days to notify the developer of their decision to cancel, either from the date they receive the public report or the date they sign the purchase contract, whichever is later. The form requires that cancellation notices be sent in writing to the developer's designated address or fax number, making it essential for buyers to adhere to these guidelines to ensure their cancellation is valid. Importantly, any attempt to waive these rights is considered void, reinforcing the legal protection available to consumers. The RE 615 form also includes sections for essential developer information, such as the name and contact details, along with the time-share plan's registration file number. This ensures that all relevant details are easily accessible, facilitating a smooth cancellation process for those who choose to exercise their rights.

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State of California

Department of Real Estate

Notice of Cancellation Rights (Time-Share)

RE 615 (Rev. 3/20)

Subdivisions

 

 

NOTICE OF CANCELLATION RIGHTS

You may cancel the purchase of the time-share interest(s) in the time-share plan identified below without any penalty or obligation and are legally entitled to the return of all money and other considerations that you have given toward the purchase. If you decide to cancel your purchase, you must notify the developer in writing of your intent to cancel within seven calendar days of receipt of the public report or the date you sign the purchase contract, whichever date is later. Your notice of cancellation shall be effective upon the date sent and shall be sent to the developer at the address or facsimile number provided in your purchase contract. Any attempt to obtain a waiver of your cancellation right is void and of no effect. Refer to Business and Professions Code

(BPC) § 11239(a-b).

CANCELLATION INFORMATION

NAME OF DEVELOPER

EMAIL ADDRESS OF DEVELOPER

MAILING ADDRESS OF DEVELOPER

CITY

NAME OF TIME-SHARE PLAN

DRE REGISTRATION FILE NUMBER

FAX NUMBER

STATE

ZIP CODE

 

 

RE: ELECTION TO CANCEL THE SALE OF A TIME-SHARE INTEREST(S)

I hereby elect to cancel my purchase of the time-share interest(s) in the above-name time-share plan.

DATE

@SIGNATURE

PRINT NAME

@SIGNATURE

PRINT NAME

Note: To inform a purchaser of his or her right of cancellation under BPC § 11238, the developer shall attach this cancellation notice to the face page of every copy of a time-share public report given to a prospective purchaser and

each notice shall also contain all developer-related information completed by the developer, as applicable, above; this form may be used by a purchaser to cancel the sale of the time-share interest as per first paragraph above.

Form Specifications

Fact Name Description
Form Purpose The California RE 615 form serves to inform purchasers of their rights to cancel a time-share purchase without penalty.
Cancellation Period Purchasers have seven calendar days to notify the developer of their intent to cancel, starting from the later of receipt of the public report or signing the purchase contract.
Legal Basis The form is governed by the California Business and Professions Code § 11239(a-b), which outlines cancellation rights for time-share purchasers.
Notice Requirements Cancellation notices must be sent in writing to the developer at the address provided in the purchase contract, and they become effective upon sending.
Waiver Invalidity Any attempt to waive the cancellation rights is considered void and ineffective, ensuring that purchasers retain their rights.

California Re 615: Usage Guidelines

Filling out the California RE 615 form is a crucial step if you wish to exercise your cancellation rights regarding a time-share purchase. Ensure that you have all the necessary information at hand before starting. Follow the steps below carefully to complete the form accurately.

  1. Obtain the form: Make sure you have the latest version of the California RE 615 form, which can be found on the California Department of Real Estate's website or through authorized sources.
  2. Fill in the developer's information: Enter the name, email address, mailing address, city, state, zip code, and fax number of the developer in the designated fields.
  3. Specify the time-share plan: Write the name of the time-share plan and the DRE registration file number in the appropriate sections.
  4. State your intention to cancel: In the section labeled "RE: ELECTION TO CANCEL THE SALE OF A TIME-SHARE INTEREST(S)," clearly state your intention to cancel your purchase.
  5. Sign and date the form: Sign and date the form in the designated areas. If there are multiple purchasers, ensure that all parties sign and print their names as required.
  6. Send the cancellation notice: After completing the form, send it to the developer's address or fax number provided in your purchase contract. Ensure that you do this within seven calendar days of receiving the public report or signing the purchase contract.

Once the form is completed and sent, keep a copy for your records. This will serve as proof of your cancellation notice. It is essential to act promptly to ensure that your rights are protected. Stay informed about any further steps you may need to take following your cancellation.

Your Questions, Answered

What is the California RE 615 form?

The California RE 615 form is a Notice of Cancellation Rights specifically designed for time-share purchases. It informs buyers of their right to cancel the purchase without penalty within a specific timeframe.

How long do I have to cancel my time-share purchase?

You have seven calendar days to cancel your time-share purchase. This period starts from the later of either the date you receive the public report or the date you sign the purchase contract.

How do I cancel my time-share purchase?

To cancel your purchase, you must notify the developer in writing. This notice should be sent to the address or fax number provided in your purchase contract. Your cancellation will be effective on the date you send it.

What happens if I cancel my purchase?

If you cancel your purchase, you are entitled to a full refund of all money and other considerations you provided toward the purchase. There are no penalties or obligations associated with your cancellation.

Can the developer require me to waive my cancellation rights?

No, any attempt by the developer to obtain a waiver of your cancellation rights is void and has no legal effect. You are legally protected in your right to cancel.

What information is included in the RE 615 form?

The form includes details such as the developer's name, email address, mailing address, and the name of the time-share plan. It also contains a section for you to formally elect to cancel your purchase.

Is the RE 615 form mandatory for time-share purchases?

Common mistakes

  1. Neglecting to send the notice on time. The cancellation notice must be sent within seven calendar days of receiving the public report or signing the purchase contract. Missing this deadline can lead to losing your cancellation rights.

  2. Failing to provide complete developer information. It's essential to fill in all the required details about the developer, such as the name, email address, and mailing address. Incomplete information can delay the cancellation process.

  3. Not using the correct format for the notice. The notice must be in writing. Whether you send it by mail or fax, ensure it meets the specified requirements outlined in the form.

  4. Overlooking the importance of signatures. Both purchasers must sign the cancellation notice. Omitting a signature could invalidate the cancellation attempt.

  5. Ignoring the need for clear communication. Clearly stating your intent to cancel in the body of the notice is crucial. Vague language can lead to misunderstandings.

  6. Not retaining a copy of the cancellation notice. Always keep a copy for your records. This serves as proof that you attempted to cancel within the required timeframe.

  7. Sending the notice to the wrong address. Double-check the address or fax number provided in your purchase contract. Sending it to the wrong place can result in a failure to cancel.

  8. Failing to follow up. After sending your cancellation notice, consider confirming receipt with the developer. This ensures that your cancellation is being processed.

  9. Assuming a waiver of cancellation rights is valid. Any attempt to waive your cancellation rights is void. Understand that you are legally entitled to cancel without penalty.

  10. Not being aware of the public report. Familiarize yourself with the public report associated with your purchase. It contains important information that can influence your cancellation rights.

Documents used along the form

The California RE 615 form is essential for anyone involved in the purchase of time-share interests. However, several other documents often accompany it to ensure clarity and compliance. Here’s a brief overview of these forms and documents.

  • Public Report: This document provides detailed information about the time-share plan, including its features, costs, and legal obligations. It must be provided to potential buyers before the sale.
  • Purchase Agreement: This is the contract between the buyer and the developer outlining the terms of the sale. It includes payment details, rights, and responsibilities of both parties.
  • Notice of Default: If a buyer fails to meet their payment obligations, this document notifies them of their default status and outlines the potential consequences.
  • Disclosure Statement: This document informs buyers of any risks associated with the time-share, such as maintenance fees or changes in management. Transparency is key here.
  • Cancellation Notice: This is a formal communication from the buyer to the developer indicating their intent to cancel the purchase, typically used in conjunction with the RE 615 form.
  • Title Deed: This document serves as proof of ownership for the time-share interest. It is crucial for establishing the buyer's legal rights to the property.
  • Management Agreement: This outlines the responsibilities of the management company overseeing the time-share property, including maintenance and rental policies.
  • Financial Statement: This document provides a summary of the financial health of the time-share project, including income, expenses, and reserves for future maintenance.
  • Transfer Form: If a buyer wishes to transfer their time-share interest to another party, this form is necessary to facilitate that process legally.

Understanding these documents is crucial for anyone involved in time-share transactions. They ensure that both buyers and developers are aware of their rights and obligations, ultimately leading to a smoother experience.

Similar forms

  • California RE 616 Form: This form serves as a notice of cancellation rights for purchasers of residential properties. Like the RE 615, it outlines the buyer's right to cancel their purchase within a specified timeframe without penalties.
  • California RE 617 Form: Similar to the RE 615, this document provides cancellation rights for buyers in mobile home transactions. It ensures that buyers are informed about their ability to cancel their purchase within a certain period.
  • California RE 618 Form: This form is used for cancellation rights in the context of real estate sales. It includes essential information about the buyer’s rights, mirroring the RE 615 in its focus on protecting consumers.
  • California RE 619 Form: This document addresses cancellation rights for buyers of condominiums. It shares similarities with the RE 615 by ensuring that buyers are aware of their right to cancel and receive refunds.
  • California RE 620 Form: Used for timeshare plans, this form is closely related to the RE 615. It provides similar information about cancellation rights and the process for notifying the developer.
  • California RE 621 Form: This form pertains to the cancellation of contracts for the sale of commercial properties. Like the RE 615, it outlines the buyer's right to cancel and the necessary steps to do so.

Dos and Don'ts

When filling out the California RE 615 form, it is important to follow specific guidelines to ensure your cancellation is processed correctly. Here are nine things to consider:

  • Do notify the developer in writing within seven calendar days of receiving the public report or signing the purchase contract.
  • Do send your cancellation notice to the address or fax number provided in your purchase contract.
  • Do keep a copy of your cancellation notice for your records.
  • Do ensure that all required information, such as the name of the developer and the time-share plan, is accurately filled out.
  • Don't attempt to waive your cancellation rights, as any such attempt is void.
  • Don't forget to sign and print your name on the cancellation form.
  • Don't delay in sending your cancellation notice; timing is crucial.
  • Don't send your cancellation notice via an unreliable method; consider using certified mail for proof of delivery.
  • Don't assume that verbal communication with the developer is sufficient; written notice is required.

By adhering to these guidelines, you can effectively exercise your cancellation rights regarding your time-share purchase in California.

Misconceptions

Misconceptions about the California RE 615 form can lead to confusion for potential time-share purchasers. Here are ten common misunderstandings:

  1. Cancellation Rights Expire After 24 Hours: Many believe they can only cancel their purchase within a single day. In reality, buyers have seven calendar days from receiving the public report or signing the contract, whichever is later.
  2. Verbal Cancellation is Sufficient: Some think that simply stating their intent to cancel verbally is enough. However, cancellation must be communicated in writing to the developer.
  3. Waiving Cancellation Rights is Allowed: There is a belief that purchasers can waive their cancellation rights. This is incorrect; any attempt to do so is void and has no legal effect.
  4. Only the Developer Can Cancel: It is often assumed that only the developer can initiate a cancellation. In fact, it is the purchaser who has the right to cancel within the specified timeframe.
  5. There are Fees for Cancellation: Many purchasers worry about incurring fees when canceling. The form ensures that buyers can cancel without penalty and receive a full refund of their payments.
  6. Cancellation Notice Can Be Sent Anytime: Some individuals think they can send their cancellation notice at any time. The notice must be sent within the seven-day window to be effective.
  7. All Time-Share Purchases Allow for Cancellation: A misconception exists that all time-share agreements offer cancellation rights. The RE 615 specifically pertains to time-share interests in California, and rights may vary elsewhere.
  8. Signature is Optional on the Cancellation Notice: Some believe that signing the cancellation notice is not necessary. In reality, the purchaser must sign the notice to validate their cancellation.
  9. Developers are Required to Accept Cancellations via Email: There is an assumption that email notifications are acceptable. However, the cancellation notice must be sent to the address or fax number provided in the purchase contract.
  10. Cancellation Forms are Only for New Purchases: Some think these forms are only relevant for new time-share purchases. However, they apply to any eligible cancellation under the specified conditions.

Understanding these misconceptions can help potential buyers make informed decisions regarding their time-share investments.

Key takeaways

Filling out and using the California RE 615 form is a crucial step for anyone purchasing a time-share. Here are some key takeaways to keep in mind:

  • Understand Your Rights: You have the right to cancel your time-share purchase without any penalties.
  • Cancellation Period: You must notify the developer of your intent to cancel within seven calendar days.
  • Effective Date: Your cancellation notice is effective the moment you send it.
  • Written Notice: Always send your cancellation notice in writing, either by mail or fax.
  • Developer's Contact Information: Ensure you have the correct address or fax number of the developer to avoid delays.
  • No Waivers Allowed: Any attempts to waive your cancellation rights are invalid.
  • Complete the Form: Fill out all necessary information on the RE 615 form, including your name and the developer's details.
  • Keep a Copy: Retain a copy of your cancellation notice for your records.

Being aware of these points can help ensure a smoother cancellation process if you decide to exercise your rights. Remember, you are not alone in this process, and help is available if you need it.