By Gillian • 07 September 2023 • 13:11
Recent Supreme Court decision may impact Timeshare Contract claims. Spanish Lawyers in Costa Blanca.
In previous articles, we’ve explored the intricate world of timeshare contracts, discussing cancellation procedures and the potential for obtaining refunds. In this article, we will review a recent Supreme Court ruling that may have far-reaching implications for timeshare contracts and court claims.
Timeshare contracts are agreements in which individuals acquire the right to use a property for a predetermined period (days, weeks, months) in exchange for an initial payment and some yearly fees. This arrangement is very common in Spain’s popular resort destinations in the coast.
In Spain, timeshare contracts were originally governed by Law 42-1998 of December 15th of 1998. However, this law was replaced several years later, by Law 4-2012, which introduced significant changes to the regulations. While the Supreme Court has issued numerous rulings on timeshare contract cancellations, most of them have been issued while Law 42-1998 was in force. And despite both rules setting a maximum duration of 50 years, Law 4-2012 established a slight variation in its transitional provisions. According to the latest Spanish Supreme Court decision, these minor amendments may allow timeshare complexes to opt for indefinite durations, by means of an adaptation deed.
The recent ruling of the Supreme Court revolves around a timeshare agreement that was signed in 2014 between two individuals/consumers and a company. The complex in question, was prior to 1998 and transitioned to the new regulations in 2000, selecting an indefinite duration through an adaptation deed. The consumers pursued legal action, arguing that the contract should adhere to the 50-year limit, and requesting a refund of the amounts paid (more than 50.000€). In June of 2023, the Supreme Court ruled in favour of the company, specifying that Law 4/2012 in reality, allows the duration of the contract to be indefinite, contrasting with the previous understanding based on Law 42/1998.
If you are a timeshare agreement holder, please do not hesitate to reach out to our legal team. Although it may be too soon to know what the effects of this recent ruling are, we can provide you with expert guidance on navigating these legal changes and pursuing potential refunds.
You may be interested in the following services and articles:
New Court Success. Claim a life insurance policy. We recover 150,000€ from a client’s life insurance. Compensation. Beneficiaries. Spanish Lawyers in Costa Blanca.
New Court Success. Ownership Claim. Property Rights. Spanish Civil Code. Requirements. Property and Possession. Jurisprudence. Legal Advice.
New court success. Works in the homeowner’s association. Claim against the community of owners. Challenging agreements. Expert legal advice.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
White & Baos 2023 – All Rights Reserved.
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