Carlos Baos: New judicial success in the Provincial Court of Palma

In today’s article, we are pleased to inform our readers about a recent successful court judgment that we have obtained, thanks to which our clients will recover an amount close to €10,000 in a timeshare contract.

Let’s start at the beginning. What is a timeshare contract? In brief, and without going into too much detail, timeshare contracts work as follows. Instead of acquiring full ownership of a property (as happens in traditional sales and purchases), in this type of contract, the buyer acquires the right to use the property for a few weeks of the year, in exchange for an initial amount and an up-front yearly fee.

Over time, Spain became the second country in the world with the highest number of properties exploited in this way. To put an end to the widespread abuses in this sector, Law 42/1998 was approved. This law was in charge of regulating timeshare contracts, setting out the requirements that these contracts must fulfil: maximum duration, information to be provided to the clients, etc.

Our clients signed a contract of this type at Marriott’s Son Antem complex in the Balearic Islands. However, the contract they signed did not comply with several of the requirements set by law. And for this reason, in 2019, we filed a legal claim in the Court of First Instance of Palma de Mallorca. Two years later, the judge issued a favourable ruling to our clients, but the other party decided to appeal to the higher court (Provincial Court of Palma). Our firm opposed to that appeal on several grounds:

• On the one hand, the maximum duration. According to the law, these contracts cannot have a duration longer than 50 years. In this case, in the contract provided to our clients, the duration was considerably longer.
• On the other hand, the lack of information. The contract did not include the characteristics and description of the property, the legal rights of the purchasers, etc.

The Provincial Court, again, has supported our arguments had has issued a favourable court decision to our clients. This judgement is now final. Our clients will recover the money, and the other party will have to pay the legal costs. You can the full court decision by visiting our website.

At White-Baos Lawyers we are experts in court claims litigation in Spain. If you have signed a timeshare contract, or you want to take legal action against your bank for the arrangement fee of your mortgage, that has recently been declared null and void, do not hesitate to contact us. We will study your case and offer you expert advice.

You may be interested in the following services and articles:

New Court Success. Ownership Claim. Property Rights. Spanish Civil Code. Requirements. Property and Possession. Jurisprudence. Legal Advice.

New court success. Works in the homeowner’s association. Claim against the community of owners. Challenging agreements. Expert legal advice.

Claims against banks. The mortgage swap or the interest financial swap. New legal success against banks. Spanish banking law.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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