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El blog de Maria

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

Legal tip 594. Timeshare rights in Spain: a safe option. Part 5
15 September 2011 @ 12:50

 Article 10. Dismissal and cancellation.

The purchaser of timeshare rights will have rights to dismissal from the contract of his own volition within ten days from the signing of the same. If the last day of that period was a bank holiday, this will be excluded from the computation, which will end the next business day. Exercised the dismissal, purchaser will not pay compensation or expenses.

If the contract does not contain any of the necessary requirements established before or in the event that the purchaser would not have been sufficiently informed owing to a breach of prohibition in Article 8.1, or failed to fulfill obligations established in same paragraph of this article. Also if the information document submitted did not match the one filed in the registry, the purchaser will have rights to cancel the contract, without being penalized or obliged to pay any expense.

In the case of lack of accuracy in the information provided to the purchaser, the seller, may, without prejudice to criminal liability that the transferor may have incurred and without prejudice of established in paragraph above, institute action to void the contract as provided in Articles 1300 and following articles of the Civil Code.

Completed the information before that period expires, the purchaser may withdraw within ten days of rectification, as set out in paragraph 1 of this article.

After three months without having completed the information and without the buyer has exercised his right of dismissal, this may also withdraw within ten days following the expiry of the period, as provided for in that paragraph 1 of this article.

The withdrawal or cancellation of the Contractor shall be notified to the developer at the address that for this purpose is necessarily contained in the contract. Such notification may be by any means to ensure consistency of communication and receipt and the date of shipment. In the case of withdrawal, it is sufficient that the shipment was made before the deadline.

 If the contract was executed before a notary. The dismissal must be recorded in a notarial affidavit.  This will be sufficient basis for re-register of the rights in favor of the transferor.

Vejer de la Frontera

"Vejer de la Frontera", Spain, by oliverlaumann, at

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