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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1149. Timeshare and frauds
14 May 2014 @ 17:16

It seems the whole world around timeshare is "not advisable" in its entirety. Apologies as I do not know many english terms to name fraud actions and fraudulent people.

A client of mine contacted me today , expressing that a Consumers Association had contacted him  and have encouraged him to obtain a "certificate of cancellation" from the Timeshare company in order to have his rights cancelled. 

Cancellation of timeshare rights due to not adptation of the scheme to Spanish Law 42/98 ( applicable to all previously dated schemes) can happen by agreement, and that is great of course; this agreement would also entail rights to refund of all unduly paid amounts. If the timeshare product was linked to a Bank loan , you can even claim against the Bank, with the backup of recent Case Law.

But, if for any reason ( you can imagine many of them!) , the agreement with the Timeshare comnpany is not reached ( company cannot exist anymore) the fact that you duly and correctly acted your rights out ( I advise legal aid here), is enough for you to consider the contract cancelled and your maintenance obligations finished.

I can anticipate the maintenance company will chase up for payments for a period, and that will make you feel uncomfortable, even saying they will take you to Courts, but, that is precisely what they seek, so do not allow them to abuse and press and, if necessary, communicate it to Consumers Authorities in Spain.

No fears!

Costa Luz Left

Beach of Bolonia, Tarifa, Cadiz, South western Spain, at facebook.com

 

 

 

 



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