Timeshare prior to 1998
In cases of purchase of timeshare prior to 1998, there are no contracts that are void, and there is no longer any room for annulment due to the time that has elapsed since the signing.
We have handled cases of clients who have hired inexperienced timeshare lawyers and sued the resort for a week’s sale that it did not.
Specifically, a law firm in Madrid (supposedly experts in null timeshare contracts) convinced a group of people affected by timeshare to sue a complex (Tropical Park) and its bank. In this case the lawyer tried to use the law of 42/1998 to annul a contract of 1996. Something legally absurd. The result has been for now our client thousands of euros spent and a lost lawsuit. The law of 1998 is only for subsequent contracts, not earlier ones.
In cases where the purchase was made one week prior to January 5, 1999 (the effective date) little or nothing can be done to cancel a timeshare contract.
The solution for these timeshares prior to January 5, 1999
The solution to the pre-1998 timeshare is to make a dissociation by change of ownership. The disassociation is nothing more than making a change of ownership of the timeshare week, but with all the guarantees. This office has more than 900 procedures for disassociation by contract or deed.
Ownership of a week’s timeshare is given by its title, which is normally a contract or a public deed.
Timeshare has had a bad reputation, and well deserved, especially by companies that have been selling weeks, which as we know have swindled customers with hundreds of lies.
Is your timeshare contract void? Claim it here:
We have dealt with timeshare owners who, after signing the timeshare contracts, did not know what they had signed, literally. These clients, after hours of presentation, just wanted to get out of the room. In the end they came out with a perpetual contract and a pre-approved loan.
The annulment of a timeshare contract has a term of up to 4 years after signing (although we have won court battles up to 8 years later). Another thing is the absolute nullity of the contract. In one case it is annulled because of the circumstances it was purchased, and in the case of full nullity it is annulled because it is an illegal contract. In the cases of timeshare we could speak of a contract signed after 99 in perpetuity, it would be null and void. In short, some contracts could be cancelled (in time and form) and others are directly null and void (regardless of the time elapsed)
Nullity of contracts
Apart from considerations, most of the contracts that consumers have as a title of their week, are void in their own right. The reason has been established by the Supreme Court of Spain, which is where most European resorts are located.
The hotel groups like ONAGRUP are very worried and desperate and it is not for less, with the new reading that El Supremo has made of the law 42/98 it leaves them without clients and the ship probably sinks.
For this reason, some hotel groups are suing their clients left and right for non-payment of maintenance fees. These proceedings for non-payment of fees give them an economic respite from their battered economies. The timeshare complexes are having a very hard time financially, they have fewer and fewer clients and there is no sale of weeks that can make up for this lack.
Timeshare Contract For Life
If you have a contract or deed of right of use in perpetuity signed before January 5, 1999 (Timeshare prior to 1998) it cannot be voided. (We are referring to life-long timeshare weeks that are inherited)
Now, if the date of your contract (before the deed) is later than this date, it is voidable.
Lawyer for timeshare
When a claim for non-payment is received, it is very difficult for a general practitioner to know exactly what it is about. And this is something that resort lawyers know. They win court battles that we think are very easy to win. Because it is difficult to find a suitable and educated timeshare lawyer who knows when a debt or contract can be cancelled and how to raise it. This is why it is so important to hire an expert, resorts are defending contracts tooth and nail and there are battles they have won because the defense attorney did not know about these vacation products.
In general terms, customers who are sued for non-payment of maintenance fees feel great frustration and helplessness. Let’s clarify some points.
If nothing is done, the timeshare week will stay in the inheritance for your children. Avoiding this point is one of the main reasons why clients contact us and that is that no parent wants to leave this problem to their children.
An heir to a week’s worth of timeshare will have no option but to accept the timeshare. Inheritances are accepted or not. But you can’t accept one part and not another.
For any questions call +34 912 901 381 or register on our website. We will help you without obligation.
The solution to a timeshare not affected by the 1998 law is to carry out a dissociation with the guarantee of the best law firm.
The answer to whether you can unilaterally waive a timeshare is that you CANNOT. Without getting into legal jargon and to summarise, a timeshare is an agreement between two parties, with rights and obligations, and legally you cannot waive it in favour of another person (person or company) if the other party does not want it.
This statement is given by the belief (still) that the week has an economic value. The tendency to think that a resort with a contract with you is going to forgive the debt and on top of that keep the week is a big mistake, in many cases this mistake has led to not fixing the situation before. The resort with wants the week, wants your money. That is the truth.
Another belief of timeshare consumers is that the resort has an obligation to rent the week. This belief is given by the initial lies of the salesroom, or even in some cases where the resort has rented the week to you for a year. We insist, the complex has no obligation to rent it, for them it is better that the apartment remains empty and charge you. (maybe if they rent it they won’t say anything either)
Another mistake is to interpret paragraphs in the contracts. In some timeshare contracts or even in the articles of incorporation, there is the power of the resort to retain ownership of the week for non-payment. This is only a power, it means that they CAN take the week away from you, but they are not OBLIGATORY. Please do not interpret the contracts, let a professional do it, these contracts are made by legal masters looking for the benefit of the company, not yours.
The answer to yes on maintenance debt is NO. These aggressive techniques for collecting maintenance fees are illegal. It is widely used by ill-mannered resort operators who probably used to work selling timeshares (tricking families) who are able to pressure consumers into paying. What they can seize is a portion of your paycheck.
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