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Find out if your timeshare contract violates any of these three requirements contemplated in law 42/1998
In summary, as explained by Maria in the video, these are the three most common reasons why Spanish courts have declared thousands of timeshare contracts null and void.
Article 3. Duration.
The duration of the system shall be between three to fifty years from the date of registration of the legal system or the date of the registration of the building as finished. Therefore if the building was built before 1998, the 50 years will start in 1998 and if the building was built after 1998, the 50 years will commence when the construction has been registered as finished.
All contracts sold in perpetuity after the 5th of January of 1999 are invalid.
How do you know that your contract is a perpetuity contract?
The law states that the finalization date must be clearly stated on the contract. If your contract does not contain an end date, it is a perpetuity contract and you are able to claim!
Article 9. Minimum content of the contract.
Express reference to the real personal nature of the right transferred. What have you bought, which date, what money has to be paid. Etc..
This means the Floating Weeks system is illegal as it does not clearly state which weeks and/or apartment you are purchasing.
Your contract should clearly specify which apartment and which week number you have agreed to buy. If this information is not stated you are entitled to a full refund.
Article 11. Prohibition on advance payments.
Any Advance payments made by the buyer to the seller before the deadline for exercising the option to withdraw, or whilst the buyer retains the power to terminate the contract as cited in the previous article, are prohibited.
Therefore if you have paid a deposit towards your contract, be it monetary or any other kind, within the 14-day cooling off period, you’re entitled to claim back double the amount paid.
Reason One: High maintenance fees
Paying 300, 400, 600 and in some cases up to 900 pounds in maintenance fee´s for a week at a mediocre or none exclusive member resort no longer makes sense.
With the recovery of your money, you can enjoy the freedom to choose from a variety of luxury holidays, anywhere in the world, without paying exchange or annual maintenance fees.
Reason Two: Tired and out dated resorts
Your resort may be more than 25 years old. Who will pay the necessary renovation costs in order to maintain the standards?, yes, you guessed it.
The bad news is that by co-owning your resort, you cannot avoid the responsibility of its maintenance. Its not like a hotel where you pay, stay, enjoy and leave. As long as you still own your week, you continue to have the responsibility of maintaining the building and the annual fee´s.
Reason Three: Loss of value of your weeks
When you signed your contract and paid for your week/s, you were told that your property would be revalued over time. However, the reality is that the more time that passes, the less a buyer is willing to pay for your week/s.
Reason Four: Subsidiary Liability
If with your contract you bought participations of the company that owns the resort, you have the same responsibilities as any owner of the company. In this case, if your resort declares insolvency or generates corporate debt, you will have the same responsibility for this, as a shareholder in the company.
You continue to pay more and more money for a property that has no value, that you may no longer use as frequently as you used to, with the risk of having to bear the costs of renovations and the responsibility of being a shareholder in a company with a risk for insolvency
The good news is that you can get your money back and get rid of the timeshare chains forever. Hundreds of thousands of owners have already achieved it and an average of 25 favourable rulings are published every month by the Spanish courts, declaring these contracts null and void and forcing the refund of money back to the clients. IN SOME CASES DOUBLE.
Nevertheless, to recover your money and get rid of your timeshare at the end, you have to be a little cautious and consider some essential things:
What to do before starting a claim?
1.- Make sure your contract is reclaimable.
If it is not clear that your contract violates any of the clauses contemplated in the Law 42/1998, then do not claim.
If you do not have sufficient documents to prove advanced payments or other legal situations to argue in the lawsuit, then do not claim.
If you do, the consequence will be that the judge will dismiss your claim and make you liable for the costs of the opposing party, in addition to losing any monies already paid in initiating the claim.
To avoid this unpleasant situation, our recommendation would be, before making payment of any kind, to ask the firm that is going to file your claim for a report signed by their lawyers where they indicate:
a) The clause or lack thereof in your contract that breaches the requirements contemplated in the law 42/1998
b) What legal argument will be expressed in the claim requesting the annulment of your contract and the return of the money paid.
Not all contracts are claimable. In order for it to be claimable it must violate one of the clauses of law 42/98 or 04/12.
2.- Make sure that whoever is going to take your case is a Spanish law firm, or a lawyer licensed in Spain.
Only lawyers licensed in the Spanish bar association can take care of your claim in Spain. Many non Spanish companies offer legal services to file your claim in Spain, but the fact is that if a firm does not have a license in the country where the lawsuit will be filed, they cannot take your case forward. Moreover, it is a crime of professional interference with the law association and a scam for the client they intend to represent.
3.-Do not make any payments until you have received a draft of the “power of attorney” document.
Do not pay any monies until you have received a draft of the “power of attorney” document, with the name and license number of the lawyer who will be filing your claim.
In addition to it being “an essential document” in Spain to present a claim, it would serve in case, as evidence that the firm you have hired does not comply with the agreement. No credible Spanish lawyer would risk losing their license due to work negligence.
4.-Ask for a copy of the legal document “admission to process”
If after some time you suspect that your claim has not been presented, request a copy of the “acceptance for processing” document for your claim.
The acceptance process is a legal document issued by the court where the lawsuit is filed, and which states that the process has begun.
Take a look at our rulings here!