The Timeshare industry was wild for a good number of years until European Directives led to the transformation of the business in Spain. These days the Supreme Court in Spain is declaring null and void most of the contracts signed during the last decades that are submitted for its judgement.
It is likely that you have rights to opt-out and obtain a refund of a proportion of fees paid if your timeshare contract:
- Is perpetual
- Has no fixed timeframe
- Includes the word “ownership” or similar
- Was not adapted after 1998
- Does not specify the unit where your rights are linked to
- Does not specify Times and dates of use
- Do not have Notary and Registry information on the timeshare complex
- Does not mention how maintenance fee will be fixed for future years
- Does not inform you on related taxes and charges
- Does not reproduce articles 10,11 and 12 of Timeshare Act 42/98: on withdrawal and cancellation (10), prohibition of anticipated payments(11), rules for loans (12)
- Does not include mention of the communal facilities you can use
- Does not inform you on the exchange program and its conditions
- Does not include full details of the seller
- Does not mention your right to obtain registry information on ownership and charges of the complex and your right to registration, specifying contact data of the Registrar
- Does not provide information on transfer of your rights and associated costs
- Was not written in a language selected by you together with the Spanish version
We are recommended lawyers by the Timeshare Consumer Association in the UK and recommended Lawyer of the UK and Irish embassies in Spain.
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Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
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