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"The Civil Chamber of the Supreme Court (TS) has issued two judgments in which overrides several Sealed tourism contracts in the south of Gran Canaria and framed in the timesharing - exploitation turns of real estate - for not respecting the maximum term of 50 years prescribed by law and sell in perpetuity.
Read MoreToday I am referring to Law 42/98 and to contracts signed between the 5th January 1999 and the 17th March 2012. I have received lately many questions about which Courts should know about which contracts. Questions such as:
Read MoreToday I've learned of a new Supreme Court ruling that may be of great importance for many timeshare consumers.
The judgment was issued on the 15th of January 2015 with number 830/2015, cassation appeal number 3190/2012, and studies the case of a floating contract.
It says in its "Fundamento de Derecho Cuarto" the following:
Read MoreThe importance of this Supreme Court decision is HUGE. In Spain access to the Supreme Court is very very limited. Only claims for more than 600.000 euros may have access. In other cases for the claimant to have access, he/she needs to show that there is real legal interest, for instance, that there is a real need of a unified interpretation about a controversial legal point that perhaps has been decided in different ways before. In this case the Supreme Court judgements have the effect to interpret the law and how has to be applied by the other Courts (First Instance courts and Courts of Appeal, etc). The Supreme Court has pointed the way that has to be followed by lower courts.
Read MoreThe Supreme Court in Spain has declared, in an unprecedented decision, that any contract signed in perpetuity should be considered null and void. The contract had to be signed after the entrance into effect of Law 42/98 (that was the 5th of January 1999)...
Read MorePerhaps you might be interested to know that the Las Palmas Court of Appeal, Section 5, has stated on multiple judgments that any advanced payment done before the end of the cooling off period involves the payment of twice the amount paid, if the contract is declared null . If it is not, the refunded amount will be exactly the same that was paid in advance.
Read MoreIn Spain there are currently at least three specific legal regulations applicable to timeshare contracts in force today, these are:
Consequently, contracts signed between the 5th of January 1999 and the 17th of March 2012, will follow Law 42/98, whereas those contracts signed between the 18th March and the 7th July 2012 has to follow the Royal Decree-Law, being Law 4/2012 for contracts signed after the 8th July 2012.
I will summarize, article by article, what the Law says about it.
Article 7 is about Advertising. It says that any advertisement or offer, as well as any commercial communication, has to clearly state where the consumers can obtain the pre-contractual information required under this Law. So information has to be upfront from the beginning.
Read MoreThis Law regulates the use in turns of turistic real estate (timeshare), the acquisition of long-term holiday products, their resale and exchange as well as tax regulations relating thereto.
This law substitutes the previous Timeshare Act, number 42/1998, that came into force the 5thJanuary 1999. Its enactment has been following the European Union Directive 2008/122/CE.
Read MoreI recently had the opportunity to know about several judgments, namely five, ruled by the Court of First Instance number THREE, of San Bartolome de Tirajana, in which his lordship, Judge Mr. Armando Garcia Castellano, changing his approach so far, declared null and void the contracts signed at the time by my clients -I acted in these trials in ...
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