In Spain, there is case law expressly for nullity for the return of amounts paid for the purchase price.
With the latest resolutions of the Supreme Court has opened the possibility to thousands of partners to file a claim for nullity of the timeshare contract.
The way in which the purchasers bought the rights of exploitation by turns is already sufficient reason to establish a claim against the trading companies. Since 2015, with the judgments of the Supreme Court, the bank can also be sued. The right-of-use contracts for real estate and lending are null. In resorts like Ogisaka Garden of the Onagrup group the weeks are even registered in the property register.
The average that our customers recover is 18,000 euros
To begin, we must start on a date: January 5, 1999. Contracts after this date are affected by Law 42/1998, of December 15, on rights of use per turn of real estate for tourist use and standards tributary and by Law 4/2012, of July 6, of contracts for the use of touristic goods in turn, the acquisition of long-term vacation products, resale and exchange, and tax regulations.
Once the date of the signed purchase agreement has been saved, it must be determined that the type of asset acquired does not in fact conform to the provisions of the aforementioned regulations, apart from other types of possible non-compliance related to the Civil Code.
Whether it is a real or personal right, if the purchased “week” is indefinite or is integrated in a floating system, the purchase will be null and void.
In some specific cases, the demand for nullity is not advisable, even though it is viable due to the lack of possibility to collect. As we well know, many of the marketers that sold were mere instruments for sale, usually in the name of frontmen with what was achieved the absolute impunity of the real responsible. In these cases and in addition there is no financing with a bank or any bank, this action is not recommended.