RECLAIM DOUBLE THE DEPOSITS PAID PLUS LEGAL INTEREST !

You CAN cancel your contract and reclaim your money invested in a Spanish Timeshare.

The laws surrounding Timeshare in Spain have traditionally been something of a "mine-field" allowing unscrupulous firms to apply high pressures sales in selling a product which simply does not live up to the expectations of the purchase.

There are countless numbers of people that have found themselves in this situation, and if you feel that you have been in victim of Timesharing, there are now methods by which you can cancel your contract, and claim refund of the monies paid in.

This is due to very positive judgments in cases regarding Timeshare. There was a Supreme Court Judgement which has been used to win cases in Barcelona and Gran Canaria, and so now is very much the time to check if you have a viable case to claim your money back.

Judgment of the Supreme Court 15/01/2015, by Resolution No. 830/2015 of Appeal of the Provincial Court of Barcelona. This decision sets the Doctrine on contracts for real estate Turn in Use of Property for Tourist Purpose (Time Sharing): "We declare doctrine jurisprudence as follows: In the legal regime established by Law 42/1998, of 15th December, on the rights of timeshare real estate for tourist use, the lack of determination in the contract for accommodation for which it is object, determines the nullity of that contract, as provided in art. 1.7 in relation to art. 9.1.3º of the law"

Another Judgment of the Supreme Court of 01/15/2015, No. 564/2015, which resolves the Appeal of the Court of Las Palmas de Gran Canaria, clearly demonstrates the intention of the legislator (Spanish Parliament), by adapting the European Directive 94/47, relative to the Protection of Purchasers in respect to Time Sharing; they opted for the imposition of a detailed regulation of Property Right on another's, and the admission of a season lease; so that the fraudulent legal business was worthy of sanction of "nullity" as clearly envisaged in art. 1.7º of the law 42/98. This judgment of the Supreme Court confirming that of the Provincial Court of Las Palmas, provides that Nullity of Contracts, pursuant to art. 1.7º of Law 42/1998, condemning Anfi Sales SL to repay all amounts they had received from the Claimant (Price Contracts, Maintenance Resort, etc. etc.) plus advances in duplicate.

These decisions mean that you can make a legitimate claim. There can also be grounds to recover double the deposit depending on how and when the deposit was paid. Any monies that were paid within 3 months of the purchase date can be claimed in double.

In addition we can claim for Legal Costs and Legal Interest on the claim. We can also claim for all the monies paid in maintenance fees from the date of purchase to now. For example, if a client paid £10,000 for their timeshare in March 2005, paying the full amount in three months, then the client would actually be able to claim £20,000 plus the legal interest. The claim for maintenance payments would run from 2006 to 2015, and so if the annual amounts were 400 Euros per year this would mean a claim of 400*9 years, i.e., 3,600 Euros, again plus legal interest.

*Result : 0,00

There are important points that can allow for termination of defective contracts:

• For the duration of the contract – Timeshare contract cannot have unlimited duration.

• For the absence of specification within the contract – The contract should specify the times when you have access to the property for your enjoyment, and they must also specify the property that you will be using.

• For lack of information in the contract to exercise your right to withdraw from or terminate the purchase.

Any ONE of these points can give grounds to nullify the contract which is the key to obtaining your rightful refund.

JLCA lawyers can advise you in the viability of your claim, and step you through the procedure to claim your money.

WHY JLCA & As.-LAWYERS ?

• Clear & Simple Legal Advice: Contact us directly for a consulation free of charge and without obligation.

• Independant Legal Advice: You can depend upon information provided soley in your own best interests.

• Recommended: JLCA & As.-Lawyers are listed as recommended lawyers with the British Embassy, US Embassy and Irish Embassy, as well as being members of regulated legal bodies such as the IBA (International Bar Association).

• Qualified Legal Representatives: Our staff comprises of fully qualified lawyers experienced in conveyancing matters, and can provide you with comprehensive information detailing estimations of costs and taxes involved, as well as clear and concise explanations of the process itelf.

• No language barriers: Our office staff include native speakers from the UK and US, in Spanish, as well as French, German, Russian and Swedish, so you can be confident of full understanding during the process.

• Importance of Customer Service: A high level of client attention is provided throughout the process, to ensure clear understanding and confidence.

• Offices: We have offices based in Gran Alacant-Alicante, Marbella, Madrid, Barcelona and associate offices in London, Paris, Brussels, Miami and Moscow – we cover the whole Spanish jurisdiction, including the Balearic Islands and the Canary Islands.

Timeshare in Spain

Multipropriété en Espagne

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