SUPREME COURT STRIKES AGAIN

The Highest Ranking Court of Spain has returned to rule against the timeshare giant Anfi in their latest sentence.

Finding in favour of one of our clients the Supreme Court Judges have declared once again that timeshare contracts can run only for a maximum of 50 years. Accordingly they declared our clients´ contract null and void.

The most significant and important part of the ruling in this case is that the Supreme Court have declared in writing that this further ruling creates JURISPRUDENCE – this is, becomes the legal interpretation of the law – referring to the permitted timeframe of the timeshare contracts (maximum 50 years), just as established in the article 3.1 of the Spanish Timeshare Law.

Moreover the prestigious judges of the Supreme Court confirmed for the third time that any deposit taking during the reflection period is illegal, regardless of who the money was paid to, if it was a third party (for example a trustee) who received the funds. Commonly, the reflection period is the first 14 days after signing a timeshare contract. However the timeshare law actually allows for the extension of this period for up to 3 months in some circumstances. This longer period of reflection would actually apply in 99% of the cases.

One of the most interesting parts of this ruling is to do with the actual consequences for having given an unlawful contract to our Norwegian clients. Apart from declaring it null and void and ordering Anfi to refund the purchase price the Supreme Court has also ordered the resort to pay back the deposit in double as it was requested in the original writ.This is the first time that the Supreme Court have applied the article 11.2 of the 42/1998 Law in which the receipt ofany deposit payment is penalized by having to pay it back in double.

This latest sentence ends any room for speculation and doubt for those in the timeshare industry who were seeking to deny the reality and implications of these rulings. The determination and the consistency of the Supreme Court regarding the irregularities in these matters is now crystal clear. The Highest ranking court has spoken very loud and clear, and there is no other governmental or private institution which can influence their decision.

We would like to thank our clients, who will be receiving over 37.000€ plus interest plus legal fees, for their trust in the entire team at Canarian Legal Alliance. We are overjoyed to be able to help them and to be able to help the many misled timeshare owners who will be benefiting from this ruling. If you think you could be one of them please CONTACT US NOW!

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