On what grounds is it possible to pursue a compensation claim in Spain against a Spanish Timeshare company?
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Dear Peter 1,
In Spain, we have laws that update consumer protection in relation to Spanish companies that sell timeshare properties.
These laws indicate that the consumer has to be informed of:
– Timeshare contracts cannot be called “timeshare”.
– Timeshare contracts cannot be tied to an undivided share of the property.
– Contracts will be drawn up in the consumer’s language and also in Spanish since the company that sells it is Spanish.
– Contracts must have a legible font size.
– Any pre-contractual information must be part of the contract.
– The contracts must include the name and details of the trading company as well as the name and details of the purchaser.
– The right of withdrawal must be included in the contract and must have been made known to the consumer before signing the contract. If the consumer wants to withdraw, this will not entail any cost; and all accessory contracts will be rendered ineffective from then on.
– The consumer has the right to receive at least one copy of the contract and its annexes.
– The property designated in the contract must be expressly stated in a public deed and must be registered in the Property Registry and registered in the Real Estate Cadastre. The consumer has the right to the descriptive cadastral certificate of the property as well as the distribution plan.
– In contracts, the property must be perfectly identified by cadastral reference.
– Contracts must clearly state the remuneration for the services and, where appropriate, the community expenses (maintenance fees).
– In contracts, reference must be made to the real or personal nature of the right transmitted.
– Contracts must include the price to be paid by the purchaser and, where appropriate, the taxes to be paid.
– The duration of the contract cannot exceed 50 years or be contingent on the future sale of the property.
– Contracts must show what services and facilities the purchasers are entitled to.
– The contracts must have the date of the day of their signature as well as the place where they were signed.
– Contracts must include whether or not there is a possibility to participate in exchange services.
* The consumer cannot waive the rights granted in Spanish Law since the property is located in Spain and the company that sells it is also spanish. In this way, the clauses of submission to laws of other member states that are normally included in the contract, are not valid.
Since there is a high probability that your contract will be void, do not hesitate and contact us to get it canceled. Please do so by completing the contact form in this website and we will respond once we have reviewed your question.