Legal tip 445. Time share rights in Spain. Part V
Wednesday, February 2, 2011 @ 8:51 AM
Together with desisiting from or cancelling the time share 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 tranmistted disregarding the imperative Law which regulates them.
- When the transmission of time share rights are made before the scheme is actually constituted
- When there is a lack of veracity on information provided to the buyer.
The action for the refund of amounts linked to the nullity has a 15 years deadline.
There is numerous precedents in Spanish Courts for the nullity and refund of money if you were sold under the term " propiedad" ( property)