Timeshare Claims Advice
For timeshare owners who are trapped in a timeshare agreement that was mis-sold, there is now a way that they can obtain the financial compensation to which they are entitled.
In 2015, due to the high number of timeshare contract disputes in Spain, the Spanish Supreme Court issued a judgement that rendered contracts which did not comply with legislation to be null and void.
Due to this, there have been in increase of successful timeshare claims cases that have therefore set a legal precedent, meaning that cases which follow must be treated accordingly.
This has been great for those who are owed compensation but has also opened up the flood gates for scammers who have used it to their advantage to trick unsuspecting timeshare owners into believing they are helping them only to take their money, so it is always important to be sure that you know who you are dealing with.
Are You Eligible To Make A Claim?
If you have an existing timeshare agreement, then depending on the circumstances within which it was sold or the contract itself, you could have grounds to make a compensation claim. In order to be eligible, your case will need to meet certain conditions.
Being mis-sold a timeshare isn’t always clear cut but covers things such as;
- Misrepresentation, the seller made untrue or misleading statements during the sale. This includes the property or the details of the contract being different from what was agreed. Maybe the timeshare property isn’t located where it was stated, is in poor condition, doesn’t have the amenities described etc.
- You were not given the minimum 14 day cooling off period which is legally required. The seller must make this clear and during this period after signing they are not permitted to ask for or take any sort of payment, if they did then the contract could be rendered null and void.
- You were pressured into signing. They used unethical and illegal sales tactics such as making you feel uncomfortable, coerced or even forced into signing. They didn’t give you an acceptable amount of time to properly read all paperwork and get a legal opinion before signing. Also being made false promises of being able to easily sell back to them or being told it is an investment and that they guarantee you will make a profit.
In Perpetuity Contracts
Something that has been common in timeshare contracts is an in illegal perpetuity clause which means that the contract term has no end date or the exceeds the legal limit of fifty years. This leaves families of timeshare owners responsible for paying timeshare and maintenance fees, even after the passing of the original buyer. However, these types of contracts are against the Spanish 42/1998 Law and if you own a timeshare contract in perpetuity, then could have a strong case for a claim.
This type of timeshare contract involves owners choosing the dates from which they want to use the property, from a range of weeks given to them. However, the way these are often run by the timeshare companies leaves timeshare owners unable to use the property at all and sees preferable dates being given to non-member bookings or even having months blocked out at a time with nobody using it. All the while, timeshare owners are still expected to continue to pay their ever increasing maintenance costs, whether they are able to visit or not which is why these contracts breach the law.
What Should I Do Next?
If any of the reasons listed above sound like they relate to your timeshare contract then the next step would be to seek professional legal advice from a reliable, trustworthy and legitimate timeshare solicitor who will be able to help. It is not advisable to try to deal with this yourself as timeshare law is extremely complex and you can waste a lot of time to go nowhere.
If you feel like you have a case to make a claim and would like to know just how much you compensation you could be owed, then try our free timeshare compensation calculator. The dedicated and experienced team at Sarah Waddington Solicitors are on hand to offer guidance and advice on what to do next so please get in touch if you have any questions or would like to book a free 30 minute consultation to discuss your case.