Homepage Blank California Re 615 Form
Outline

The California RE 615 form serves as a crucial document for individuals engaging in time-share purchases within the state. It outlines the rights of purchasers regarding the cancellation of their time-share agreements. Specifically, this form informs buyers that they may cancel their purchase without penalty within a seven-day window, which begins upon receiving the public report or signing the purchase contract, whichever occurs later. Buyers are required to notify the developer in writing to exercise this right, and the cancellation is effective upon sending the notice. The form also stipulates that any waiver of these cancellation rights is invalid, ensuring that consumers are protected under California law. Developers must provide this cancellation notice along with the time-share public report, ensuring transparency and compliance with the Business and Professions Code. Essential details, such as the developer's contact information and the name of the time-share plan, must be included to facilitate the cancellation process.

Sample - California Re 615 Form


NOTICE OF CANCELLATION RIGHTS








§
CANCELLATION INFORMATION
NAME OF DEVELOPER FAX NUMBER
EMAIL ADDRESS OF DEVELOPER
MAILING ADDRESS OF DEVELOPER
CITY STATE ZIP CODE
NAME OF TIME-SHARE PLAN
DRE REGISTRATION FILE NUMBER
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 rst paragraph above.


(Time-Share)


Form Information

Fact Name Details
Form Title California Department of Real Estate Notice of Cancellation Rights (Time-Share) RE 615
Revision Date Revised in March 2020
Purpose This form informs purchasers of their rights to cancel a time-share purchase without penalties.
Cancellation Period Purchasers have seven calendar days to notify the developer of their intent to cancel.
Notification Method Cancellation notice must be sent in writing to the developer's provided address or fax number.
Legal Reference Governing law is found in Business and Professions Code (BPC) § 11239(a-b).
Effectiveness of Notice The cancellation notice is effective upon the date it is sent.
Waiver of Rights Any attempt to waive cancellation rights is considered void and ineffective.
Developer's Responsibility Developers must attach this cancellation notice to the public report given to prospective purchasers.

Detailed Guide for Filling Out California Re 615

Filling out the California RE 615 form is a straightforward process that allows you to exercise your cancellation rights for a time-share purchase. Once you complete the form, you’ll need to send it to the developer to ensure your cancellation is recognized. Follow the steps carefully to ensure all necessary information is provided.

  1. Obtain the Form: Make sure you have the most recent version of the California RE 615 form.
  2. Fill in Developer Information: Enter the name of the developer in the designated space.
  3. Provide Contact Details: Fill in the email address, mailing address, city, state, and zip code of the developer.
  4. Enter Time-Share Plan Details: Write the name of the time-share plan and the DRE registration file number.
  5. Include Fax Number: If applicable, provide the fax number of the developer.
  6. State Your Intent: Clearly indicate your election to cancel the purchase of the time-share interest(s) by writing "I hereby elect to cancel my purchase of the time-share interest(s) in the above-name time-share plan."
  7. Sign the Form: Sign and print your name in the designated areas. If there are multiple purchasers, ensure all signatures are included.
  8. Review: Double-check all the information for accuracy before sending.
  9. Send the Form: Mail or fax the completed form to the developer at the address or fax number provided in your purchase contract.

Obtain Answers on California Re 615

  1. What is the California RE 615 form?

    The California RE 615 form is a legal document known as the Notice of Cancellation Rights for time-share purchases. It informs buyers of their right to cancel the purchase of a time-share interest without any penalties. The form outlines the necessary steps a buyer must take to effectively cancel their purchase.

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

    Buyers have a period of seven calendar days to cancel their time-share purchase. This period begins on the later of two events: the day the buyer receives the public report or the day they sign the purchase contract. It is crucial to act within this timeframe to ensure the cancellation is valid.

  3. How do I cancel my purchase?

    To cancel your purchase, you must notify the developer in writing. This notice should clearly state your intent to cancel and must be sent to the address or fax number provided in your purchase contract. The cancellation notice is effective on the date it is sent, so be sure to keep a record of when you send it.

  4. What happens if I cancel my purchase?

    If you successfully cancel your time-share purchase, you are entitled to a full refund of all money and other considerations you provided during the transaction. This means that the developer is legally obligated to return your funds without any penalties or obligations on your part.

  5. Can I waive my cancellation rights?

    No, any attempt to waive your cancellation rights is considered void and has no legal effect. The law protects your right to cancel, ensuring that you can change your mind without facing any penalties.

  6. What information should I include in my cancellation notice?

    Your cancellation notice should include the following details:

    • Your name
    • The name of the time-share plan
    • The developer's name and contact information
    • The date of your notice

    Make sure to sign the notice and keep a copy for your records. This documentation will serve as proof of your cancellation.

Common mistakes

Completing the California RE 615 form requires careful attention to detail. Many individuals make common mistakes that can jeopardize their cancellation rights. Understanding these errors can help ensure a smoother cancellation process.

One frequent mistake is failing to send the cancellation notice within the specified timeframe. The law allows only seven calendar days from receipt of the public report or the purchase contract date. Missing this deadline can result in the loss of cancellation rights.

Another common error involves incorrect or incomplete information about the developer. The form requires specific details such as the developer's name, mailing address, and contact information. Omitting any of these details can lead to complications in processing the cancellation.

Some individuals neglect to sign the form properly. Both signatures are necessary if there are multiple purchasers. Incomplete signatures can render the form invalid, delaying the cancellation process.

Additionally, using an incorrect method to send the cancellation notice is a mistake that can have serious consequences. The notice must be sent to the address or facsimile number provided in the purchase contract. Sending it to the wrong location can result in the developer not receiving the notice in time.

Failing to keep a copy of the cancellation notice is another oversight. It is crucial to retain proof of the cancellation request, including the date it was sent. This documentation may be needed if disputes arise later.

Some individuals mistakenly believe that verbal communication is sufficient for cancellation. However, the law requires a written notice. Relying on a phone call or email may not satisfy the legal requirements.

Lastly, individuals sometimes attempt to waive their cancellation rights. Any attempt to do so is void and has no effect. It is important to understand that these rights are protected under California law and cannot be relinquished.

Documents used along the form

The California RE 615 form is a crucial document for those involved in time-share purchases. However, several other forms and documents often accompany it to ensure a smooth transaction and compliance with state regulations. Below is a list of these essential documents.

  • Public Report: This document provides potential buyers with detailed information about the time-share plan, including its financial and operational aspects. It must be delivered to buyers before they sign any purchase agreement.
  • Purchase Agreement: This contract outlines the terms and conditions of the time-share sale. It includes the purchase price, payment terms, and any other obligations of the buyer and seller.
  • Cancellation Notice: This document informs buyers of their right to cancel the purchase. It must be provided by the developer and includes essential details about the cancellation process.
  • Disclosure Statement: This statement outlines any potential risks associated with the time-share investment. It ensures buyers are fully informed before making a commitment.
  • Financing Agreement: If a buyer finances their purchase, this agreement details the loan terms, interest rates, and repayment obligations. It is crucial for understanding the financial commitment involved.
  • Title Report: This report verifies the ownership of the time-share property. It ensures that the seller has the right to sell the time-share and that there are no liens or encumbrances on the property.
  • Resale Agreement: If a buyer intends to sell their time-share in the future, this agreement outlines the terms under which the resale will occur, including any fees or commissions involved.
  • Management Agreement: This document details the responsibilities of the management company overseeing the time-share property. It includes maintenance obligations and rules for usage.

Understanding these accompanying documents is essential for anyone considering a time-share purchase in California. Each plays a vital role in protecting the rights of buyers and ensuring compliance with state regulations. Being informed will lead to a more secure and satisfactory transaction.

Similar forms

The California RE 615 form serves as a notice of cancellation rights for time-share purchases. It shares similarities with several other documents that inform consumers about their rights and obligations. Here’s a list of nine documents that are similar to the California RE 615 form:

  • Real Estate Purchase Agreement: This document outlines the terms of a real estate transaction, including the buyer's right to cancel under specific conditions.
  • Notice of Right to Cancel: Commonly used in various contracts, this notice informs parties of their right to cancel within a specified timeframe.
  • Homeowners Association Disclosure: Similar to RE 615, this document provides potential buyers with information about their rights and obligations regarding association rules.
  • Loan Estimate: This document details the terms of a mortgage loan, including cancellation rights related to the loan agreement.
  • Consumer Protection Notice: This notice informs consumers about their rights in various transactions, similar to the cancellation rights outlined in RE 615.
  • Time-Share Purchase Agreement: This agreement includes terms and conditions for purchasing a time-share, along with cancellation rights similar to those in the RE 615 form.
  • Disclosure of Important Information: Often required in real estate transactions, this document provides critical information about the purchase, including cancellation rights.
  • Contract for Sale of Real Estate: This contract specifies the terms of sale and includes provisions for cancellation, much like the RE 615.
  • Cancellation of Purchase Agreement: This document formalizes the cancellation of a purchase agreement, similar to the intent expressed in the RE 615 form.

Dos and Don'ts

When filling out the California RE 615 form, it's crucial to follow specific guidelines to ensure your cancellation request is valid and effective. Here’s a list of things you should and shouldn’t do:

  • Do read the entire form carefully before filling it out.
  • Do provide accurate information about the developer, including their mailing address and contact details.
  • Do sign and date the form to validate your request.
  • Do send your cancellation notice within seven calendar days of receiving the public report or signing the contract.
  • Do keep a copy of the cancellation notice for your records.
  • Don't forget to include your name and the name of the time-share plan.
  • Don't attempt to waive your cancellation rights; such attempts are void.
  • Don't send the notice to an incorrect address; use the one provided in your purchase contract.
  • Don't delay in sending your cancellation notice, as timing is critical.

Misconceptions

  • Misconception 1: The RE 615 form is optional for developers.
  • This is not true. Developers are required by law to provide the RE 615 form to prospective purchasers. This form informs buyers of their cancellation rights, ensuring that they are fully aware of their options.

  • Misconception 2: Buyers have an unlimited time to cancel their purchase.
  • In reality, buyers must act quickly. They have only seven calendar days from the receipt of the public report or the signing of the purchase contract to notify the developer of their intent to cancel. This time frame is crucial for preserving their rights.

  • Misconception 3: Cancellation rights can be waived by the buyer.
  • This is a common misunderstanding. Any attempt to waive cancellation rights is considered void and has no legal effect. Buyers retain their rights regardless of any agreements or statements to the contrary.

  • Misconception 4: The cancellation notice does not need to be sent to a specific address.
  • Actually, it is essential for buyers to send their cancellation notice to the address or fax number specified in their purchase contract. This ensures that the notice is properly received and processed by the developer.

Key takeaways

When filling out and using the California RE 615 form, keep the following key takeaways in mind:

  • Cancellation Rights: You have the right to cancel your time-share purchase without penalties within a specified period.
  • Time Frame: Notify the developer in writing within seven calendar days of receiving the public report or signing the purchase contract, whichever is later.
  • Effective Notice: Your cancellation notice is effective on the date you send it to the developer's provided address or fax number.
  • No Waivers: Any attempt to waive your cancellation rights is void and will not be recognized.
  • Required Information: Ensure that the developer's name, contact information, and time-share plan details are correctly filled out on the form.
  • Signature Requirement: The form must be signed by the purchaser to validate the cancellation.
  • Attach Notice: Developers are required to attach the cancellation notice to the public report provided to potential purchasers.
  • Legal Reference: Familiarize yourself with Business and Professions Code (BPC) § 11239(a-b) for more details on cancellation rights.