Welcome to the exciting journey of buying a timeshare on the resale market, where finding your dream vacation property is just the beginning of the adventure! Before you start packing your bags, it is very important to understand a standard step in the transaction called the right of first refusal, which is a contractual clause that allows the resort developer to step in and buy the property back at your agreed-upon purchase price. Understanding this process ensures you feel completely confident from the moment your offer is accepted until the day you take your first vacation. This guide will explain exactly what this clause means for you as a buyer, outline the typical timeline you can expect, and share recent trends from major vacation clubs to help you prepare.
What is Right of First Refusal?
When you purchase a vacation property on the resale market, you will likely encounter a ROFR timeshare clause in your contract. This clause originates from the original purchase agreement created by the developer. When a seller accepts your offer on the resale market, the resort developer has the legal option to review the paperwork and match your exact purchase price.
Resorts use this process to monitor the secondary market and reclaim desirable inventory for their own retail sales. You might feel a bit nervous about this step, but it is a completely normal part of the transaction. There is absolutely nothing to be afraid of during this phase. The right of first refusal simply gives the developer a chance to buy the property back before it transfers to a new owner.
How Right of First Refusal Fits into the Timeshare Resale Process
Understanding the timeshare resale process will give you peace of mind as you move forward. The procedure follows a few standard and secure steps.
1. Buyer Makes An Offer
First, you will find a posting you love and make an offer. This is the stage where you start negotiations and define the exact terms of the sale.
2. Offer Accepted and Closed
Once the seller accepts your offer, both parties agree upon the terms and sign the contracts. Your representative will then send the closing documents directly to the resort to begin the developer review period.
3. Contract Evaluation
The resort evaluates the entire contract during this period. They will look at the terms agreed upon, the points or weeks included in the sale, the unit size, and any other relevant details.
Developers typically have anywhere from 15 to 45 days to make their right of first refusal decision, depending on the specific brand rules. Staying patient during this waiting period is crucial. Thorough reviews ensure a transparent and secure transfer of ownership. Your associate will keep you updated every step of the way to guarantee a seamless transaction.
Exercised vs. Waived: Understanding the Outcomes
There are two possible outcomes when the resort finishes reviewing your contract. The right of first refusal is either waived or exercised.
What Happens When the Right of First Refusal is Waived?
When a developer waives the clause, you can celebrate! This outcome means the resort has declined to buy back the property. Your purchase will then move forward into the final stages of the closing process. The sale of the timeshare continues with the exact same stipulations that were agreed upon in the original contracts.
What Happens When the Right of First Refusal is Exercised?
If the right is exercised, the resort steps in as the buyer and takes over the sale. They accept all the terms of the signed agreements. This can feel like a disappointment for you as the buyer, but you have excellent options when this happens. Your initial escrow deposit is 100% refundable.
Brand Trends to Keep in Mind
Top brands handle the timeshare right of first refusal differently. Knowing these trends helps set realistic expectations as you secure your ideal vacation ownership.
Disney Vacation Club data shows a buyback rate of around 4 percent in 2025. We have seen high activity at properties like the Grand Floridian, while other properties have experienced virtually no buybacks. If you are shopping for a Disney property, your associate can give you the most up-to-date advice.
Marriott Vacation Club operates slightly differently. They typically review contracts very quickly and often respond within a couple of weeks. This prompt response time means you will know the outcome of your transaction much faster.
Frequently Asked Questions About Right of First Refusal
To help you feel fully prepared, we have compiled answers to some of the most common questions buyers have about this process.
Your Next Steps to Vacation Ownership
Developer review periods are a standard, secure step in acquiring a luxury vacation property. Whether ROFR is waived or exercised, you have dedicated professionals guiding you through every phase of the transfer.
BuyATimeshare is one of the most respected names in vacation resale, and ARDA (formerly the American Resort Development Association) highly recommends us. Our trusted expert support team is available to answer any questions you have. Contact our knowledgeable representatives at 1-800-640-6886 to find your perfect getaway and enjoy seamless, reliable service from start to finish.
