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El blog de Maria

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

Legal tip 1443.Illegal timeshares in Spain. Supreme Court´s answer
31 October 2017 @ 16:42

As mentioned in a previous post, Spain’s Supreme Court is continuing its clear and strong line regarding the illegal practices of Timeshare companies in Spain.

September 2017 has been the month in which the Supreme Court has made it clear that timeshare rights sold under the form of Memberships in Vacations Clubs are also under the regulations of law 42/98.

The Supreme Court Sentences dated 13th, 19th, 22nd and 27th of September regarding Vacation clubs such as Beverly Hills Club, Beverly Hills Heights, Hollywood Mirage, Palm Beach Holiday Club and Club Paradiso Isla have set doctrine on this in the following way:

“Law 42/98 regulates not just timeshare contracts strictly understood but also similar ones by which the signer acquires rights to enjoy one or more properties, for a time greater than 3 years and during a determined or determinable time”.

The most recent Sentence by the Supreme Court, dated October 11th 2017, makes timeshare companies liable for the payment of legal costs when litigating these cases. This is hopefully a development that may encourage many of them to settle out of Court when a claim is made by a user.

We are pleased to offer free appraisals of timeshare cases; you can contact us at via website.

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