International Timeshare Refund Action (ITRA) – Timeshare Law in Spain

Timeshare Law in Spain

Any contract detailing the rights of an individual to use one or more property in Spain during a specific or specifiable period during the year is covered under this law, wherever and whenever the place and date of contracting.

Timeshare rights are those which give to the holder the right to use and enjoy an independent dwelling, with exclusive character, for a specific period of time within the year. It includes the necessary furniture for this use and any complementary services & facilities. It is regulated in Spain by a Law dated 1998. 

The Spanish regulation considers timeshare as a type of seasonal rental. Crucially, the holder of timeshare rights does not acquire ownership rights, but the right to use the property for a specific period of time only. The duration of these rights is not indefinite; the developers of these type of complexes need to specify the period for the enjoyment of these rights which s always should be between 3-50 years. Outright ownership of the property remains the developers’.

Because the developer retains ownership, they can always sell ownership rights with the limitations derived from the existence of the other person’s use and enjoyment rights on the sold unit, which will remain for the contracted period.

Provision 1.4 of Law 42/1998 prohibited the denomination of those rights as “multiownership" or any other way containing the word “ownership", “ owner” or "property".

For this reason, any contract signed in Spain containing the word “ownership or property" (propiedad) is null and void and you have the right to a refund of any money paid, plus legal interest.

In Spain, the description that was finally chosen, as most appropriate, descriptive and loyal to Law is "derecho de aprovechamiento por turno", which literally means “right to use and enjoyment in shifts"

Publicity or promotion of these type of developments can never contain the word "propiedad"(property or ownership)

The timeshare scheme can only be formed in a building, property or set of them which are architecturally individual or separated.  All independent units included in it, should be subject to the scheme. The building must have at least 10 units. 

The same building can be subject at times to different tourist operations, provided that the rights of timeshare accommodations fall on concrete and specific periods and units. 

The annual use/enjoyment period can never be less than 7 continuous days. In every case, within the same scheme, shifts should all have the same length. The units will also be reserved for repairs, cleaning or other common purposes for a period of time which shall not be inferior to seven days for each unit subject to the regime.

Main characteristics of timeshare rights in Spain are:

· It is a limited ownership right (enjoyment): two or more different people hold rights on the same property (the owners and the holders of enjoyment rights).

· It is immediate, as, in shifts, it gives to its holder a direct enjoyment of the property.

· It is entered in the Land Registry, which gives to its holder a complete legal safety within the Spanish legal system. Obviously timeshare rights need to be transmitted by Notary deeds for their entry into the Land Registry.

· It can be transmitted to others either in life or by death. They are part of the property trade.

Together with desisting from or cancelling the timeshare contract, possibilities that are subject to a shorter deadline, there is the possibility, initially sine die (without deadline) to apply for the nullity of the contract.

In what cases?

· When timeshare rights are transmitted disregarding the imperative Law which regulates them.

· When the transmission of timeshare rights are made before the scheme is actually constituted

· When there is a lack of veracity of information provided to the buyer.

The action for the refund of amounts linked to the nullity has a 15 years deadline.

There are numerous precedents in Spanish Courts for the nullity and refund of money if you were sold under the term "propiedad" (property).

The important issue of adaptation

From January 1999 any preexisting timeshare regime needs to adapt to this Law. If this has not happened, any holder of timeshare rights will be able to request a Judge to compel the developer to do so.

Adaptation will always require a Notary deed and proper registration in the Land Registry.

Adaptation will respect the nature of rights which were transmitted by virtue of the old private contract. If ownership was transmitted, this is how it will have to be registered after approval of a simple majority of Community of owners.

All old contracts will have a time limit of 50 years unless parties have agreed otherwise or parties mutually or freely agree in the adaptation deed on a different definitive or non-definitive period.

If the owner of the development does not comply with the obligation of adapting the regime to this new regulation, the holder of timeshare rights will have rights to cancel the contract with effective devolution of amounts and compensation of damages.

ITRA are now pursuing the coordination of a claim to the courts on behalf of timeshare owners who can justify due cause for full compensation, distress and damages on the grounds that their timeshare purchase was not of merchandisable quality.

To find out more about the International Timeshare Refund Action visit our website www.itra.net

ITRA - Timeshare Class Action

Have you been a victim of a Timeshare resale scam?

ITRA - Timeshare Class Action versus Individual Timeshare Lawsuit

There are many reported cases of deception, abuse, and even fraudulent activities by Timeshare industry players. Other Timeshare complaints that have been reported include exorbitant interest rates by finance companies that are promoted by marketers, maintenance fees that are always increasing, transfer and disposal of points and weeks problems, and problems obtaining selected balance exchanges. If you have been a victim, you could get regal redress. Other than fighting Timeshare fraud, Timeshare class action will help you get a Timeshare refund.

You could go for an individual Timeshare lawsuit or Timeshare class action. The greatest advantage of an individual lawsuit is the fact that you get to set your own terms, but going for Timeshare class action is more advantageous.

One of the greatest benefits of class action is the fact that you will not need to pay anything. Such companies as ITRA (international timeshare refund action) and Owners Action are dedicated to helping people action in Timeshare-related cases. Companies like ITRA work on a no-win no-pay basis, meaning you will only pay a fraction of what you win and nothing if you lose.

The company (ITRA) will be responsible for all the research and the cost of gathering the necessary evidence. The fact that the lawyer has to win to get paid means your lawyer is more likely to give 100% with class action. This is indeed the best option if the Timeshare fraud has taken all your disposable money.

You get greater judicial efficiency with class action. The fact that a number of people will only need one judge means the court system will appreciate such a case more. In individual lawsuits, plaintiffs who file early get more than the ones who file later. This is not a problem with class action. Class action is the best option if your case is not strong enough to win. Your case will be helped by the other cases.

With ITRA you will get the very best lawyers with a Timeshare class action suit. This is not possible with an individual suit since good lawyers are expensive. A class action lawsuit gives you unparalleled convenience. You will not be required to be in court every day, meaning the lawsuit will not affect your business/job or your social life. The legal system puts limitations on the period before which individual actions are to be filed, but the period is extended in class action suits. Timeshare players are more likely to offer compensation when faced with class actions.

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ITRA

Our objective is to support the consumer in timeshare disputes. We have discovered a pattern of abuse, deception and even fraudulent issues that have been systematically perpetrated by many of the major timeshare industry players to the detriment of owners.

If you feel you have fallen foul of any of these Timeshare companies and want a solution? Contact ITRA today.

ITRA International Timeshare Refund Action

To find out more about the International Timeshare Refund Action visit our website www.itra.net

ITRA Timeshare News - Don't get caught by old scams with new twists

Old scams are nabbing new victims
For decades people have agreed to a free trip to attend half-day seminars — usually about timeshare condo investments in travel hot spots.
As people have become more savvy, con artists have changed their game, the Better Business Bureau says, prompting new warnings from the FBI and Federal Trade Commission.

ITRA Timeshare News Blog

A new phone call tactic nabbed one local man's money
Thurman Huddleston, 67, filed a complaint with the BBB after he wired more than $10,000 to a Dallas company promising to sell his timeshare in Cozumel, Mexico. He had visited the Reef Club condo about a dozen times since buying it in 1996, he said. Huddleston researched the company online and didn't see red flags so he sent the funds to cover closing costs.
"It sounded right, so I made the deal," Huddleston said.
Then the company couldn't be contacted.
Last year there were more than 2,600 complaints filed nationally with the bureau regarding timeshare companies. Some related to dates or management issues while others allege companies collected money then disappeared, as with Huddleston.
It's not the only scam still working. - “ITRA”
Source: Caller.com
To comment on the original article click here

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ITRA

The above story is one that we here very often at ITRA from many of our clients.
Our objective is to support the consumer in timeshare disputes. We have discovered a pattern of abuse, deception and even fraudulent issues that have been systematically perpetrated by many of the major timeshare industry players to the detriment of owners.
If you feel you have fallen foul of any of these Timeshare companies and want a solution? Contact ITRA today.

ITRA International Timeshare Refund Action

To find out more about the International Timeshare Refund Action visit our website www.itra.net

Have a look at our new video

http://youtu.be/Y7Zm0Ypzel0

RDO ACTIVITIES & SALICIOUS TIMESHARE WEBSITES

Who are the RDO?

The RDO are the Resort Developers Organisation, www.rdo.org originally based in Brussels and who have recently moved to a small office London. Their main sponsor is RCI who use them as a controlled credibility vehicle to protect their members resorts by alleging that everyone who is not one of their members is a crook.

Their “enforcement officer” is an ex Spanish policeman called Alberto Garcia, who has on their behalf launched a salacious site called www.mindtimeshare.me . If you look at their websites you will note that they are running an attack campaign against mainly ITRA in an attempt to discredit us to scare and dissuade potential claimants from dealing with us. This is inspiring because it shows how worried RCI are by our actions. We have launched a new website www.mindtimeshare.co.uk with only one page as a way of hitting back. Please read it and you see a challenge that we made to the RDO nearly two years ago to which we are still awaiting a reply. This will open your eyes and amuse you.

We do not run salacious non-productive quasi consumer websites and forums – We take commercial action! – So, wherever in the World you are, if you are not satisfied with any aspect of your ownership please contact us by email and remember, we do not charge any fees unless you receive a damages settlement. Advice is free. You will shortly find a new section on our website dedicated for this purpose headed FREE ADVICE.

Timeshare Complaints –Timeshare Does Not Die With You!

The following letter was published by the Guardian together with their comprehensive reply. This story is sadly typical of the situation Owners Action hear from many disgruntled timeshare owners.

My wife's mother died recently and included in her estate was a week at a timeshare property in Scotland that she and her late husband had bought in 1988. When my wife informed the company, Macdonald Hotels, the owner had died she was told that her parents had bought the timeshare in perpetuity and that she and her two sisters were now liable to pay the annual maintenance fee, currently £450. Not only do they have to pay this ever-increasing annual amount but our children would become liable to pay them when we die and so on for time ever more. BL, High Wycombe, Bucks

With contracts written in perpetuity timeshare ownership does not disappear when you die. Many people who bought timeshare are now retired and cannot afford the annual charge, often for a property they no longer visit, but have yet to realise the appalling legacy they will leave.

Macdonald Hotels admitted that selling timeshare is difficult and it might take some time to sell this out-of-season week. Occasionally, some go at auction for almost nothing but that does at least free you from the annual charge.

I wondered if it is possible for a timeshare owner to avoid passing on the liability to beneficiaries. You can't simply leave the timeshare out of your will because it is still part of your estate. Nor can you choose to leave it to "no one". Executors are responsible for administering the estate and also for paying the liabilities, which includes ongoing annual fees. They do not have to use their own money but would have to liquidise other assets in the estate to pay fees until the timeshare is sold.

Your wife and her sisters could refuse to accept the timeshare but they would have to renounce their entire inheritance. They can't cherry pick the assets they want.

Another thought is donating the timeshare to someone with whom you have no connection, perhaps the supreme leader of North Korea. Some owners had managed to leave their timeshare to dubious characters in eastern Europe, through a PO Box number, but this idea is flawed. Macdonald charges an annual amount split between the owners – so the fewer who pay, the more it costs the others. To complicate matters further, the constitution says you can only sell your timeshare to approved people.

Macdonald has told you it is considering whether to accept back the weeks, paying you nothing in return, but first every owner, possibly 52 people, would have to agree to surrender their ownership or switch to a different property.

source: www.guardian.co.uk

One of the commonest timeshare complaints is that contracts pass to timeshare owners’ heirs when they die, who are then obliged to keep up the maintenance fees, which often increase at a much higher rate than inflation.

 

At Owners Action, we seek to support the consumer in timeshare disputes. To learn more about our services, visit www.ownersaction.com

Timeshare Fraud! Timeshare rep Claims Timeshare can Cure Cancer

The following article, published by www.moneysavingexpert.com, struck such a chord with us at International Timeshare Refund Action (ITRA) that we’ve reproduced most of it here.

Timeshare rep claimed: timeshare = no cancer

Pushy timeshare reps often use bribes to lure unsuspecting holidaymakers into parting with their life savings. But unfortunately for them, they’d picked up a MoneySaver…

On a recent trip to California, I was asked to see a quick presentation in return for a totally free, no-strings-attached $100 gift card. My MoneySaving antenna popped up – the notorious timeshare freebie. I’d heard reports from those who’ve attended property sales pitches just for these bribes, so decided to give it a go.

Little did I know I was in for a three-and-a-half-hour sales ordeal that would use my own cash to hold me to ransom. They even claimed timeshares prevent cancer.

As I told them quite frankly at the outset, I had absolutely no intention of buying anything and was purely in it for the freebie. They were magnanimous – “That’s fine! There’s absolutely no pressure.” Considering the Rambo-esque sales tactics that followed, I’ve since decided they don’t consider anything short of a punch in the face as ‘pressure’.

Before I was allowed to attend, they checked I had all the ingredients for a mammoth impulse buy: earning above a threshold, partner in tow, and carrying an approved payment method. We were cheerfully packed into a minibus with a dozen other couples and told to enjoy our ‘free treat’ (final check: “Did you all say you have Mastercard? Good.”)

The minibus pulled up at a new hotel building, where we were herded upstairs to a windowless, low-ceiling conference room crammed with sales staff. Here are the tricks used in the sales pitches that followed, and more importantly, the survival strategies we used to grab the freebie and run.

The tactics they used:

• The show ain’t over till they say so. On arrival, we had to put down a refundable cash deposit of about $50 and sign a form saying we would forfeit this, and the promised gift card, if we left before the timeshare pitch was finished (which had no specified end time – eek). There was no mention of this when we signed up, so we had no choice but to pay up or leave.

  Incidentally, I say ‘about $50′, as bizarrely, neither myself or my partner can remember exactly how much it was. I can only assume it’s because a) it was sprung on us with absolutely no warning or b) the ensuing sales onslaught triggered a mild form of retrograde amnesia.

• Wear ‘em down. The sales pitch started late in the morning and lasted several hours into the afternoon. We were greeted with tea and coffee at the start, but there were no further refreshments, nowhere to get lunch – and if you didn’t want to forfeit your freebie and deposit, no way to leave without their approval.

• Divide and conquer. There were two parts to the pitch, starting with a presentation. Each couple was instantly assigned their own sales rep, who followed them throughout (more on this delightful practice later), and insisted on sitting with them during the presentation. Maximum sales patter, minimum privacy.

• Share the love. Having stated only couples could attend the day, we were all made to publicly declare our love – one couple at a time, moving around the room – followed by a kiss. I’m not joking. Each was accompanied by loud, satisfied ‘aaaaahs’ from the sales staff, and immediately used for the “if you love them, you’ll buy them a timeshare” tactic.

• Free chocolate. All at MSE Towers know this is my Achilles heel, and I must admit being pressured into spending tens of thousands on a holiday apartment is far more appealing when you add free chocs (incidentally, it was a Hershey’s kiss, woven into the presentation as reinforcement of the “love = timeshare” message).

• Buy a holiday home and you won’t get cancer. Stay with me a moment here. Yes, that’s what they said in the presentation. The equation was: your own holiday home = more holidays = less stress = stress causes cancer (?) Therefore timeshare = no cancer. I’m not being figurative, they literally spent several minutes arguing this bizarre equation.

I have since decided that, compared to what followed, the presentation was the ‘carrot’. What came next can only be described as a large number of sticks used to metaphorically beat us into parting with all our savings.

• Tell a sad story. The second part of the pitch was a face-to-face ‘chat’ with our allocated sales rep. I braced myself for the hard sell, but our saleslady started by casually flipping through a photo album. And pointing out all the people in it who were now dead. There were a lot.

  The entire episode was incredibly odd – I presume they were her friends, but I can’t say for certain. They could have been people who had refused to buy timeshares. Either way, I can only assume this was meant as a reminder to seize the day, but it made us feel pretty uncomfortable.

• Call in the ‘bad cop’. The face-to-face hard sell started. When I disagreed with the (frankly ludicrous) ‘savings’ they’d argued we’d make – which amounted to hundreds of thousands of dollars – our sales rep called over what can only be described as the head sales-bully.

  With all the charm and tact of a Rottweiler with a machete, he snapped at me for not “understanding the value”. I was then barked the ‘savings’ again at twice the volume. He shouted at me for so long, I literally had to stare passively at my lap until he went away. Our persistent, human saleslady seemed a godsend by comparison.

• No solo bathroom breaks. After two hours of constant sales pressure, I excused myself to pop to the loo. My other half said he needed to go too. The timeshare saleslady insisted on ‘coming along’, and immediately wedged herself between us until my partner departed for the gents.

  When we got into the ladies’ bathroom, she stuck her head round a cubicle, flushed immediately, and walked straight back outside to wait for my other half, ensuring there was no conferring.

• The non-sequitur is king. If you aren’t going to buy property for a number of sensible reasons, why not ignore logic altogether? We had some real gems thrown at us by the sales staff. Me: “No thank you, I’m really not interested.” Saleslady: “Why don’t you think you deserve nice things?”

To read about how the author coped with this onslaught, continue reading here  

Over the years of operating, ITRA has entered into dialogue with thousands of timeshare owners from which we have discovered a pattern of abuse, deception and even fraudulent issues that have been systematically perpetrated by many of the major timeshare industry players to the detriment of owners.

To find out more about what we do, visit www.itra.net