ANFI condemned by Court nº 1. Floating Contract and return of 9,526 pounds.

This is the judgment that I mentioned yesterday on my Social Networks (Facebook, Twitter and LinkedIn, where you can also follow my updates quicker).

It is a judgment of the Court of First Instance No. 1 of Maspalomas. This Court, together with No. 5, are the only two who are not holding Trials because they do not consider the interrogation of my clients necessary, so they issue a judgment directly after the Preliminary Hearing ("Audiencia Previa")

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105 Supreme Court judgements so far...

Today I’ve checked again how many sentences of the Supreme Court are about Timeshare. Currently there are, at least, 105, from which 42 belong to Silverpoint, 37 to Anfi, 8 to Palm Oasis and 6 to Puerto Calma plus a few others. Impressive, all this since 2015...

What is exactly what the Supreme Court has ruled? 

In general terms what the Supreme Court has ruled is that:

a) Undetermined object. Timeshare contracts must have a clearly determined and described object, according to the mandatory requirements set in the law. This is why floating or even apartments describes as "T1-2Bed", etc, are ilegal...

b) Indefinite period of time. It is not only that perpetuity contracts are null and void, any contract

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The psychology of time pressured sales

Very interesting article that I read here and reproduce below for an easier reading:

"During the holiday season, you can see several advertisements that are based on the psychology of time pressured sales and the “fear of missing out” or ‘FOMO’ mentality.   Phrases like “act now” and “limited time offer” are frequently used in advertising to prompt consumers to reduce speculation about the purchase, and pull the trigger to make a positive purchase decision.

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Court Victory against Silverpoint Vacations, S.L. (2)

Court of First Instance num. 3 of Arona.
Ordinary Proceedings 367/2015.

Your honor, Dña. María de los Angles Antón Padilla, declared the contract signed between my client and Silverpoint null and void because there were no reference to its termination date and the object had not been described as article 9.1.3 of Law 42/98 requires.

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