The genuine legal solution to reclaim money paid for miss-sold timeshare

The Timeshare Law (Ley 42/1998)
and how it can help you to reclaim your money...

On the 26th October 1994, the European Communities adopted the "The European Directive 94/47/EC of the European Parliament and Council on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis". It was passed into law in Spain on the 16th December 1998 and is known as "The Timeshare Law".

If you bought a timeshare/s in Spain after this date directly from a developer (not a re-sale) and you feel that you were miss-sold (according to the Law) or miss-represented in any way, you may be able to claim all of the money you paid for the timeshare back and in some cases up to double the amount you paid.

For a quick analysis of whether you may have a valid claim, please fill in the short form on the right with as many details as you can and one of our legal experts will respond immediately and let you know what the possibilities are for your own personal circumstances.

The Key Points of Law 42/1998

  • The law covers all Spanish land - including the Balearics and Canaries
  • The law applies to rights of use for 3 years or more (up to a maximum of 50 years)
  • Purchasers must be allowed, and told about, a 10 day "cooling-off" period. "Day 1" is the day after both parties have signed the purchase contract.
  • Any advance payment from the buyer during the cooling-off period is prohibited.
  • If any advance payment is made in the cooling-off period, the cooling off period is extended to three months.
  • If any advance payment is made in the cooling-off period, the buyer is entitled to claim double this amount back.
  • The buyer is not required to pay any costs if he cancels within the cooling-off period.
  • Any related finance agreement will be automatically cancelled (at no cost to the purchaser) if the buyer cancels within the cooling-off period
  • No mention of the words "ownership" may be made in the contract
  • Buyers must be given a comprehensive list of information - failure to do this extends the cooling-off period by three months.

Do you have a valid claim?

Fill in our Questionnaire and find yout today!

Please fill in as much of the information below as you can:

Name *
Telephone Number *
Email *
Address *
What year did you purchase your timeshare? *
What is the name of the timeshare resort? *
What kind of timeshare did you purchase? *
What was the price of your timeshare? *
Were you given a "Cooling Off Period"? *
Did you pay a deposit within 10 days from the date that you purchased? *
How much deposit did you pay? *
Did you pay it to the sales company or to a 3rd party? *
When did you pay the balance of your purchase? (please be as accurate as possible as this will help determine the amount of your claim) *
Do you feel that you were miss-informed or mislead in any way during the timeshare presentation. If so please specify briefly *
Do you have access to/copies of the original documentation (contract, ownership certificate etc)? *
Are your maintenance fees paid up to date? *
If no, please specify the amount outstanding as accurately as possible
Please tell us briefly any other information which you feel may be relevant to your case