In today’s article, we are going to talk about a recent court decision; obtained by our law firm. Relating to a timeshare claim. Where our claim was estimated. Consequently, the contract has been cancelled and part of the money paid asked to be returned to our clients.
The specific case: Marriott Son Antem Complex.
Our clients were sold a “Silver” week at the Son Antem complex of Marriott, in the Balearic Islands.
The contract was signed in 2002, with Law 42/1998 about timesharing already in force.
In the information provided by the vendors, the MCVI companies, it was not specified:
– the duration of the contract.
– characteristics of the complex, property, etc.
– rights of the buyers. Withdrawing from the contract, etc.
Much of this information, according to the seller, was in the general conditions or terms. A brochure, with certain information, that was never actually delivered to my clients. Despite the fact that the contract said it was.
The mis-sold of the Timeshare. Legal basis of our claim.
Our claim was based, basically on the following points:
1. The signed contract did not respect the 1998 law regarding maximum duration. As was for over 50 years.
2. The contract did not include the basic information. That is, it did not have the terms required by law: details of the deed of the complex, description of property, amounts to be paid, etc.
3. Despite what is stated in the private contract; the general conditions were never delivered. So, the real information provided was minimal.
Finally, we requested the cancellation of the contract, and the return of what was paid by our clients, or alternatively, the proportional part of it, taking into account the time they enjoyed their rights.
The court decision granted by the Spanish court
The Spanish court decision obtained by us, could be check in this LINK
As requested in our lawsuit, the judge confirmed in its judgement that:
– Although the complex was prior to the approval of the 1998 law; it had to adapt and respect it. All complexes prior to it, must comply with it; if they are sold after the approval. They cannot, as the MCVI defended, opt for the continuation of the existing regime, without respecting the law.
– The contract, being older than 50 years, is null and void.
– In addition, the contract does not include the minimum information required by law. therefore, it must be declared null and void.
Finally, it declares the nullity of the contract, and the obligation of the sellers of the Marriott complex, to return €7,522.67 to my clients.
Conclusion
If you have a timeshare contract. In any complex: Marriott, Son Antem, Ogisaka Garden, Parque Denia, Anfi Beach, etc. Contact us and we will help you with your timeshare claim.
The information provided in this article is not intended to be legal advice, it merely conveys information related to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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