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Non-payment of timeshare maintenance fees are increasing legal claims, according to the Reclamalia portal. However, thanks to the rulings that the Supreme Court has been handing down since 2015, some contracts can be annulled
Madrid, March 8, 2023.- Inflation is moderating in Spain and its surroundings, but the truth is that the year has started with skyrocketing prices in basic sectors such as food and energy. This situation is raising the delinquency rate of members of timeshare complexes, already very high in general. According to the Reclamalia portal -belonging to the firm specialized in timeshare Asesores y Consultores Asociados- there are several circumstances that have been occurring and that Non-payments have increased considerably and, therefore, the judicial claims of the complexes against the timeshare partners. "The pandemic caused many people who paid regularly to stop doing so and this coincided in time with the reduction of the prescription period for this type of debt from fifteen to five years," says the CEO of the firm, Francisco Claros, who also assures that, in general, the complexes have become more active in the claims. "The perfect storm has occurred," says Claros. "The complexes have less time to claim, tourism has been stopped for more than two years and the partners are very fed up with the obligations of the timeshare weeks. In addition, purchase and sale annulment sentences are being produced on a daily basis, so the complexes They are speeding up the claims. Before, order for payment was not filed until the debt reached two or three thousand euros, now they are claiming the second outstanding installment," says Claros. Payment of annual maintenance fees is a legal obligation, both the specific law on 'timeshare' as well as the Horizontal Property Law, which is applicable. "When a legal claim arrives, generally, there is no room for more than negotiation; but it is essential to know who you have on the other side so that things go well," he says. Reclamalia predicts a strong increase in claims, "taking into account account the circumstances that have been accumulating over the last two years". In any case, Claros assures that it is essential to have expert advice to have a correct position regarding debts and their payments. In addition to non-payment of maintenance fees that are increasing legal claims of timeshare complexes in Spain, many clients they are looking for ways to get out of their timeshare contracts. There appears to be widespread discontent among timeshare partners, who are tired of the obligations and limitations that come with this type of vacation ownership. Getting out of a timeshare contract is not easy, however, as most contracts have perpetuity or long-term clauses that make it difficult or even impossible to terminate them, although it should be noted that Reclamalia has solutions to get out of timeshare for each case. Fortunately, there is a 2015 Supreme Court ruling that protects those clients who have financed the purchase of their timeshare with the marketer. In these cases, the purchase money can be recovered and the contract annulled, if the purchase contract complies with what the sentence has established as null and void. It is important to note that this sentence is not applicable to all cases of timeshare, but only to those who meet the aforementioned conditions. For this reason, it is essential to have expert advice to analyze each particular case and determine the possibilities of recovering the money invested and getting out of timeshare. In short, timeshare continues to be a delicate and complex issue in Spain, both for complexes and for customers. The pandemic and the current economic situation have exacerbated the difficulties and conflicts related to this type of vacation ownership, so it is essential to be well informed and have expert advice in case of facing problems. Reclamalia Abogados has several lawyers who are experts in these matters. like Álvaro Caballero and Catalina Arroyo.
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ContactContact name: Francisco ClarosContact telephone: 900525939
