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Spanish Timeshare Law 42/98


The Tuesday Slot with Irene

In this weeks Tuesday Slot we welcome a new contributor Karen Krokosh, but first a quick look at what has been happening in Europe especially in the courts.

The year has certainly not started well for the timeshare industry, the first week of January has seen the Supreme Court in Madrid rule on 6 occasions against Silverpoint from Tenerife.

This court has declared these six contract null and void as they were over the 50 year period allowed by law, what is known as perpetuity, they also contained the points or floating weeks systems.


The court also reaffirmed the position of the taking of any payment within the given cooling off period, even if taken by a third party as prohibited. This cooling off period was introduced to protect consumers and allow them to decide whether they wished to continue with the purchase, as these are usually made as decisions on the day.

The total amount the court has awarded in these cases is a staggering 321,274€ with legal fees and legal interest.

In another case against Silverpoint, the High Court in Tenerife has ordered the return of over £31,000 plus legal fees and legal interest to a British client. Again the contract was declared null and void as it contained the points or floating weeks system.

In the Court of First Instance at Maspalomas, another British client has been awarded over £19,000 plus legal fees and legal interest, with the contract being declared null and void. In this case the contract was sold by Anfi and was for a duration of over 50 years, which is not allowed under the Spanish Timeshare Law 42/98.

All these cases have been brought on behalf of client by the law firm Canarian Legal Alliance, so contrary to what the timeshare industry is is saying, this law firm is doing what it says and winning on behalf of their clients.

As they say the proof is in the pudding!

On with this weeks Tuesday Slot.

Sell My Timeshare Now,

A Timeshare Listing Service for Buyers or Sellers

Diamond Member Karen Krokosh Issues a Warning


By Inside Timeshare Contributor Karen Krokosh

Comments about SMTN follow Karen’s article

January 9, 2017

I responded to a Sell My Timeshare Now (SMTN) solicitation. Not only did the company over promise the ability to sell Diamond’s non-deeded U.S. Collection points, they told me they could help me recoup expenses by renting my points. DRI does not allow renting through a third party site. As a resource for timeshare members, SMTN should abide by Diamond’s official rental policy by not accepting rental listings. Here is the current DRI rule:

2.5.1 A Member is not prohibited from periodically renting the Accommodation reserved for the Use Period or the reserved Other Redemption Opportunity pursuant to these Club Rules.

However, the use of Points to reserve Accommodations or Other Redemption Opportunities for commercial purposes or for any other purpose other than the personal use of the Member or the Member’s family and guests is prohibited. Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.

Members who are primary developers of Club Resorts (that is, members of the Diamond Resorts International group of companies) and providers of Other Redemption Opportunities are specifically exempted from this restriction, and are entitled to use their reserved Accommodations and reserved Other Redemption Opportunities for promotional, rental, or other commercial purposes.

Diamond is not the only timeshare with little or no resale value. While some timeshares like Disney, Hilton and Marriott can be sold, it has been widely reported Diamond’s non-deeded points are especially difficult to sell. I contacted a few members of the Licensed Timeshare Resale Broker Association. Not one would accept a DRI listing, feeling the restrictions the company places on the use of secondary points are too severe.

SMTN agent Sandra Van Lanen suggested a list price of $12,000 for 3,000 points. We paid about $12,000, so in no way was that price realistic as I dropped my price from $12,000 to $7,500, $5,000 and $1,000 with no offers. What was SMTN’s response? They said, “It takes time.” There are about 15,000 Diamond Resorts members on a variety of Facebooks and websites and I’ve learned many of them would be willing to give away their Diamond points. I would have been laughed off these sites posting these ludicrous amounts. I am committed to exposing this company and others that are taking advantage of those already burdened by loan payments and maintenance fees.

Here’s what I paid SMTN:

The original “Advertising and Marketing” product was priced at $1,798. I was given a discounted referral of $1,498 USD, but paid initially a deposit of $699, agreeing to pay the remaining balance of $799 when the timeshare sells. Since that is never in almost all Diamond cases, I decided to cancel the lifetime listing. When you cancel, SMTN has the right to bill you for the remaining balance.


I have also learned many of the listing and resale companies are staffed by former timeshare executives and sales agents. Some are legitimately trying to help those desperate to get out of their timeshare, but others prey on the desperate. This is a Department of Justice report about timeshare resale and release scams:

Many timeshare buyers report they were sold a timeshare by deceit. I looked up the definition of racketeering. While timeshare exit plans are not violent crime against property, I see a similarity. The sales agents who sold us the problem are now the ones coming around to “help” us. “A common example of a racket would be if a group of people cut the tires of cars on a specific street, and then that same group, or one in concert with the one cutting tires offered ‘protection’ to the owners of the cars for a price. This fits the definition of a racket because without the organization’s slashing of tires in the first place, the demand for ‘protection’ would be low or non-existent.”

I have been trying to get rid of this timeshare for years. I was so relieved to find the member sponsored Diamond Resorts Advocacy Owners Facebook where I learned that Diamond has launched a new program called Transitions and from what Inside Timeshare told me, I am eligible! I am hopeful, waiting to hear back.

Comments about Sell My Timeshare Now by Irene Parker

After Friday’s article about the importance of Better Business Bureau ratings, I checked the SMTN BBB rating. My red flag was raised when I learned Karen paid up front money to list her Diamond points. Accepting upfront money to sell your timeshare is illegal in Florida, but it seems companies can work around the law by calling it an ad or subscription fee, or a market analysis.

SMTN has been sold twice since 2010. Scott Roberts is the owner of Vacation Innovations and SMTN is a wholly owned subsidiary of V.I.

The BBB has assigned SMTN a D rating. I called SMTN and talked to Mike. The first question I asked Mike is, “Can I rent my DRI points through SMTN?” Mike said renting DRI points is no problem. When I informed him DRI does not allow the renting of points through a third party site like SMTN, Mike said he would have someone from legal call me. We did not hear back. Irina Allen is one DRI member who had her Diamond account suspended, accused of renting points on RedWeek.

This is what BBB notes on SMTN, providing a good example of how the Better Business Bureau can assist consumers by providing important information.

According to BBB files this company has a pattern of complaints that centers around the company’s advertising claims. Complainants allege they are guaranteed a time frame in which their timeshare will sell. Many consumers allege the company makes a promise that their timeshare will sell quickly. The company responds to the complaints and reiterates the company policy which reads the company does not guarantee when a timeshare will sell.

On March 23, 2016 BBB reviewed the complaints on file and determined the pattern described above has not been eliminated. BBB sent a letter to the company requesting cooperation in responding to and eliminating the pattern of complaints.

BBB received a response from Sell My Timeshare Now (SMTN) who addressed concerns raised. SMTN has introduced a video that consumers are encouraged to view that clearly outlines their services. In their business model explanation SMTN says that: “…SMTN never promises buyers are waiting; does not request wire transfers, greendot moneypak payment or purchase of prepaid credit cards; does stand behind the services it promises and always strives to deliver excellent service to all of its clients”… Additionally, SMTN hired a law firm to review the complaints and details surrounding each one. This review of these recordings has shown that the communications between SMTN and individual consumers (when they are available) has been shown to differ. SMTN has also instituted training for salespeople. They are to only make promises that are consistent with the guarantees and promises made by the company in writing. SMTN is recording calls made by their sales people to confirm the training is being followed. SMTN now has a policy for their salespeople who consistently fail to comply with the training which results in their dismissal from the company. Finally, they informed BBB that they will be further training their customer care employees to offer to help earlier in the process and be sure to make certain the consumer is satisfied with the resolution.

On December 5, 2017 representatives of SMTN met with the BBB to update us on improvements they are making to their organization. They have taken steps toward improving customer service by hiring a new Customer Service Manager. They have put in place an “audit group” that will contact consumers on the day they sign the contract with SMTN and then again 90 days out as a way to ensure customer satisfaction. It is anticipated that by proactively working with their customers, the number of complaints will be reduced substantially. BBB will work closely with SMTN to follow their progress and to continue to address any complaints that may come in.

Consumers are, once again, requested to contact SMTN prior to filing a complaint with BBB at 1-877-815-4227.

This Business Is Not BBB Accredited

Sell My Timeshare Now, LLC


Customer Review Rating:



[12] Positive Reviews

[1] Neutral Reviews

[21] Negative Reviews

[34] Total Customer Reviews

[107] Total Customer Complaints

Composite Score:

Sell My Timeshare Now, LLC has received 1.93 out of 5 stars based on 34 Customer Reviews and a BBB Rating of D.

This content is provided by the business and may contain advertising. BBB does not review or endorse this content.

According to a post found on RedWeek, published on the internet, SMTN does seem to charge a considerable upfront fee. A member had asked whether they should buy timeshare points through SMTN.

Good question. Here is the straight scoop:


1 month ago

Sometimes you will find a timeshare of interest on the SMTN site which may be available at a price acceptable to you. HOWEVER, you will have NO say or ANY choice regarding the “closing” entity. Closing costs through SMTN are quite excessive — multiple times the cost of customary and usual closing costs. You have no option to conduct a SMTN transaction “in person”, but that is the case in most any resale timeshare transaction, so SMTN is not unique in that regard. It would frankly be both highly unusual and entirely unnecessary to conduct a resale timeshare transaction “in person”. Objective, third party “closers” who have no association with either buyer or seller (not an available option via SMTN, unfortunately) look out for the interests of BOTH buyer and seller, holding all funds in escrow until closing if necessary. This obviously eliminates any need for any travel or physical presence by either the buyer or the seller just to “close” on a resale transaction.

With SMTN, you essentially have to determine ALL of the collective costs as a buyer and then ask yourself if that bottom line figure is acceptable to YOU to acquire that particular timeshare listing, despite the exorbitant closing costs. Far more often than not, the answer will be NO, but there are (relatively rare) exceptions. In all fairness, in the performance of your due diligence you really have to look at the big picture and ask yourself if the TOTAL expenditure involved justifies acquisition of that particular timeshare for YOU. You obviously first need to accurately determine the bottom line total figure before you can possibly make that fully informed evaluation and personal decision.

SMTN of course has nothing whatsoever to do with maintenance fees, regardless of the resort involved. Maintenance fees are determined only by individual resorts — and they are engraved in stone. That said, I would certainly want to verify the accuracy of any figures SMTN indicates as maintenance fees. This is very easily done by contacting the resort directly for confirmation of any figures claimed by SMTN in their listings.

Last edit by ken1193 on Nov 28, 2017 05:27 AM.;page=last

Keep calm Homework

Thank you to Karen for her advice! We look forward to hearing more from Karen as our first new Inside Timeshare contributor of 2018.  Contact Inside Timeshare or one of these member sponsored U.S. timeshare groups if you need help with a timeshare. It can save you money.

If you require any information regarding this article or any other published on Inside Timeshare, please use the comments or contact form and we will get back to you. If you are considering using the services of any company and are unsure of how to check them we will also be pleased to help.



Hug Your Haters Part II: A Customer Service Message

Today’s article by Irene Parker is part II of her Hug Your Haters, which we published on 15 August,

But first some of the latest in Europe.

At the end of last week, even though the courts are closed for business, another sentence against Anfi Sales SL and Anfi Resorts SL was published. This was issued by the Court of First Instance Number 1, based in Maspalomas, the court ruled according to the precedents set by the Supreme Court in Madrid.

Court Masp

In this case, the court ruled that the contract be declared null & void with the return of over 13,279€ plus legal interest. In this case the infraction was the length of the contract was greater than the 50 years allowed by Spanish timeshare law 42/98, which came into effect in January 1999.

Again this flies in the face of Anfi’s assertion that their contracts are legal and that they have not lost any cases, see the article “Truth, What is Truth?”  Published on 10 August.

It is not just Anfi who deny these facts, Silverpoint have been doing so for years, they have even left the RDO and claim they no longer sell “timeshare”. So what are they now selling?

Well, we do know one product is Keys Concierge, a so-called “Lifestyle Credits” product, which promises a great deal but does it actually deliver? Another ploy by Silverpoint is the move to transfer the blocks of timeshare weeks they sold to clients (with the promise to sell in 2 years for a profit), into what is euphemistically called a “Company Participation Scheme”. Not much is known at present, a lot more research is yet to be done, but it appears that clients sign a document at the notary which makes them shareholders of the company Club Paradiso. If this is the case, then all liabilities of the company will fall squarely on those clients shoulders. More on this when the research is complete.

Now on with Irene’s article.

Hug Your Haters Part II

My Marriott Customer Service Experience


By Irene Parker

August 29, 2017

Customer Service is a Spectator Sport, according to Hug Your Haters author Jay Baer. Although Hug Your Haters was written primarily for the providers of customer service, users of Customer Service can benefit from the book as well. Social Media has dramatically changed Customer Service in a way many timeshare companies have yet to acknowledge. The Marriott hotel chain seems to have gotten the message and has adapted to the new world order.


Mr. Baer discusses in his book the difference between onstage and offstage Haters. Many of the complaints Inside Timeshare has received are from offstage Haters, unfamiliar with Social Media. Sometimes offstage Haters need an onstage Hater to plead their case.

Disney Vacation Club seems to have bucked the timeshare trend, refusing to fall back on the oral representation clause that states, “I did not rely on any oral representation to make my purchase” which translates to the customer is always wrong. Disney has few timeshare complaints so it’s not surprising to find former Walt Disney theme park executive Lee Cockerell, author of The Customer Rules, mentioned in Hug Your Haters. Mr. Cockerell explains in his book how he would encounter employees blaming the customer:

“From time to time over the years, a customer would complain to me that a frontline employee had been belligerent. When I asked the employee what happened, I’d usually be told the customer was wrong about the facts, or had been abusive, or trying to cheat the company. Most of the time, the employee believed it was better to lose a bad customer than appease one.” p. 115

A Lesson for Other Timeshare Companies

Another Hug Your Hater example is Pella Windows and Doors, VP of marketing Elaine Sagers. “Monthly, our executives call a random selection of unhappy customers to talk about their experiences with us…..We’ve also played recordings from the call center so you can hear the emotion in our customers’ voices around what’s been happening with jobs and their homes.” p. 120

Having listened to 133 timeshare complaints, mainly about maintenance fee relief programs that do not exist, or the ability to sell points when no secondary market exists, it’s hard to understand how companies can so often ignore or dismiss allegations, especially when a volume of complaints (119 out of 133) meet the definition of white collar crime – “deceit, concealment, violation of trust and bait and switch” – painting a compelling and compounding picture of trouble within a company or within the timeshare industry as a whole. I challenge any timeshare executive to listen to the tone of the voices of families devastated financially by their vacation plan. “Well you signed a contract,” is not the appropriate answer. I’m sure Mr. Baer would agree.

Mr. Baer makes another important point I have often stated when it comes to offering a customer wronged an apology. “In some corners of the business universe, anyone interacting with customers is prohibited from saying (or typing) an apology, because it is believed – by particularly Draconian attorneys – that it could weaken the company’s position in a legal proceeding.” “In the world of Charles Dickens, ‘If that’s the law, then the law is an ass,’” Mr. Baer quotes Michael Lasky, an attorney and litigator with the Davis & Gilbert law firm in New York City. Mr. Laskey emphasized that of course companies should be careful about what they say, but the answer is not to ever say “I’m sorry.” p 125

marriott rewards

Page 138 of Hug Your Haters discusses the importance of rapid complaint response time. My husband and I have been Platinum Marriott Rewards members for several years. About a decade ago I complained about something I can’t remember at a Marriott Hotel front desk. I was just complaining, not asking for compensation, yet the company responded with an automatic adjustment in reward points. Every 20 or so stays, something might happen that I would complain about had it not been for the times the company responded rapidly and appropriately.

Right out of the Hug Your Haters playbook, I posted a comment on the Marriott Facebook about how a trainee and a manager patiently and pleasantly changed our room three times to address our concern about highway noise. I posted this experience on Marriott’s Facebook and they almost immediately responded, “Irene, we would like to share this on our comment site if that’s alright with you.” As Mr. Baer explains, onstage Haters (or Lovers) don’t expect to be answered. When they are, they are taken aback, astonished that a company as large as Marriott would care.

I can’t speak for Marriott Vacation Club, the timeshare company, because I am not a member, but one of our Advocates, a senior manager with a Fortune 500 company, also a Marriott Vacation Club member, made this comment about Marriott in Part I of our Inside Timeshare article Hug Your Haters, “I think of a brand like Disney first and foremost. Also, while I know a company like Marriott has their critics, in all my years traveling and staying at their hotel and timeshare properties I always got the impression they were serious about fulfilling their fiduciary responsibilities and providing top shelf customer service and a quality customer experience.”

Onstage Haters compared to Offstage Haters – Chapter 7

Some companies respond to negative comments by expanding their advertising budget. “Advertising is a tax paid for being unremarkable,” is a quote Mr. Baer said is usually attributed to Robert Stephens, founder of The Geek Squad,  but he rephrases the comment appropriately, “Advertising is a tax paid when you’re poor at retaining your current customers.” p. 18

“Listening is the ability to pay attention to what the sounds means and understanding it. We hear noise, but we listen to music. That is because noise falls on our ears without any effort at our end,” said an anonymous writer explaining the difference between hearing and listening. Too often customer complaints are dismissed as noise in the form or automatic denials to a complaint filed against a timeshare sales agent (s).


These are but a few timeshare Advocacy Facebooks and websites of members helping members because company complaints so often fall on deaf ears. They are closed groups, but all would welcome corporate representatives bold enough to listen and learn. We hope timeshare industry executives, ARDA and lawmakers will take the time to not just hear, but listen.

Bluegreen and Diamond Resorts Advocacy Facebooks

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

New York Attorney General Eric Schneiderman recently sent a message in the form of a $6.5 million settlement against The Manhattan Club timeshare accused of restricting availability for members who paid thousands of dollars for a timeshare while allowing access to those booking online. The settlement response was a reaction to a chorus of timeshare members mobilized and action orientated. All timeshare owners are grateful because a victory for one is a victory for all. Lack of availability is a universal complaint.


Thank you Irene, once again you have given us a look into the world of “Customer Service” or in some cases lack of. It is one of the main complaints that Inside Timeshare does receive, in many cases the sales staff are only intent on getting more money from you, rather than helping to get the best from your membership.

If timeshare is to flourish, developers and resorts really do need to look at this aspect and change their practises. Disney is a very good example of this as we showed in a previous article by Irene, “Disney Vacation Club Vs The Timeshare Industry”, published in July’s “A Lesson for Other Timeshare Companies”.

If you have any questions or comments Inside Timeshare invites you to contact us, your views are important, it will help to change the industry for the better.

Have you been contacted by a company you have never heard of, or want to know more about but don’t know how to start, again contact Inside Timeshare and we will point you in the right direction.


mass media

Diamond in the News Again.

Yesterday 23 May 2017, Canarian Legal Alliance announced another sentence passed from the Courts in Tenerife. The company in this instance is Diamond Resorts Tenerife SL, which was the sales company selling Diamond products in Tenerife.

In this judgement two contracts have been declared null & void, the first was a purchase in 2008 which came under the Spanish Timeshare Law 42/98. In this case it breached the law regarding the points system, which like floating weeks has no actual object to the contract.

The second contract was signed in 1998, so the timeshare law could not be applied, although the lawyers from CLA asked for the nullity by the civil code for the lack of object of the contract (points system).

There were also other infringements of the law which were:

  • The contract was in perpetuity;
  • There was a lack of information in the contract;
  • The withdrawal period was missing along with various other points.

In this case the client has been awarded over 28,000€ plus legal interest.

PDF of Court Sentence. (click to open)


Another case they announced on 22 May, was that Holiday Club Finland (based in Gran Canaria) have been ordered to pay back the client over 36,000€ and the contract declared null & void.

Once again the Court of First Instance at Maspalomas, Gran Canaria, followed the Supreme Court rulings that deposits taken with the cooling off period illegal. In this instance the client had paid almost the whole amount within the 14 day period, the court ordered that to compensate the client the company had to pay back double the amount received.

As this article was being prepared, CLA announced another case from the Tenerife Courts, this was against that old adversary Silverpoint.

The judge in this instance found many infringements in the contract contrary to the timeshare law. Again the contract was declared null & void with the return of over 24,000€ plus legal interest.

It would seem that the lower courts are following what the Supreme Court has laid down to the letter and according to our information there are many cases still waiting to be heard.

Inside Timeshare also issues this warning, there are many firms being set up purporting to be lawyers, using these cases as a basis for duping the unsuspecting. Not every owner has a claim, with many of these dubious companies stating that they do, then all you end up doing is paying a fortune only to find the company then disappears.

If you want to know if you do have a legitimate claim contact Inside Timeshare we can check this for you. If you have been contacted by any company saying that you have a claim or that your timeshare company has been taken to court, found guilty and there is money waiting for you, then let us know before paying any money.

Be informed and stay safe, in the end you will save yourself thousands, as we always say:

Now for another article from across the great lake, once again Diamond are in the frame!

Another Polo Towers Diamond Misadventure!

Not Las Vegas Again!


By Neina Orrillo May 26, 2017  

It’s hard to believe a fun trip to Las Vegas can turn into a financial disaster – all over a vacation plan! After reading David Franks article about his plunge into the abyss of an eternal timeshare sales presentation, I decided to tell my story too, hoping to warn others to beware of the bait! When Diamond Resorts says “STAY VACATIONED!” they mean it in a way not expected.

I ended up at Polo Towers in Las Vegas at the presentation because I was using a “Sampler” package I had previously purchased. My niece had a dance competition so we decided to use the timeshare to stay in Vegas with our family. Since the Sampler is a trial presentation I was told I had to attend a sales presentation.

We listened to a vacation plan that was out of this world. It sounded as if it was too good to be true. It was. I fell for it, but I know I am not alone thanks to our member sponsored Diamond Advocacy Group.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

We signed up and we are living to regret it. Here is what Diamond sales agent, Janine Viraga, told us:

The timeshare would be tax deductible like mortgage interest, and the deal is so great if she wasn’t already an owner she would take the deal she was offering me.

We would receive a “free” trip but it turned out I had to pay $1000 before I could even book the trip!

I should and could easily get a personal loan like a home equity loan to refinance it to reduce the 14% Diamond interest rate.

The interest rate on what Diamond financed would be no higher than 13.99% when it turned out to be 15.99%.

When I said I wanted to take the offer back to my room and think about it, she told me that if I left before buying then she could not offer me the deal I was getting.

Here is what timeshare buyers should know that I didn’t know:

Know your cancellation period. I was never told of the 5 day cancellation policy.

I didn’t have the money for a down payment so she “talked to her manager” who decided they could put the down payment on the Diamond Barclaycard credit card and finance the rest so double interest charges.

Go to complaint sites and Advocacy sites like our Diamond member sponsored Advocacy Facebook before you buy to see how many complaints there are relative to other timeshare companies. Most car shoppers and home buyers don’t buy the first car or house they see. They comparison shop.   

Learn about availability issues. I have a hard time using the timeshare because everything is always booked. I am a nurse anesthetist, so I am not retired and cannot travel as spontaneously as someone who is retired.

We ended up buying 7,500 points for $29,305 and the balance on our loan is financed at 15.99%. Through our Advocacy Group I learned Diamond is the only major timeshare company that can’t be listed with a member of the Licensed Timeshare Resale Broker Association because the 64 members feel the restrictions Diamond places on the use of points purchased on the secondary market is more restrictive than any of Diamond’s major competitors.

When I contacted Diamond’s Advocacy Department after filing a formal complaint I was told, “Well, you signed the contract.”

I realize now I have joined a growing list of timeshare consumers who know we were sold by deceit, concealment, violation of trust and “bait and switch”.

It’s time timeshare members organize to stop predatory and aggressive timeshare sales and lending.

My Advice:

Consumers need to do their homework and don’t sign anything on the same day!

Stay Strong!


Thank you Neina for your contribution, your voice has been added to all the others.

stop press2

As we were about to publish this last piece of news just arrived.

Following Yesterday’s article on “Clarity”,   one families story that was highlighted by Irene Parker,  has had a successful outcome.


Your voices are being heard, some of these companies are taking notice. One voice is never heard, but coming together they get louder and stronger.

To those owners at Los Claveles, take heart from this, your voices will be heard above the lies, deceit and bullying of the Ona Group. You have many supporters, all it takes is them coming together.

together 1


Welcome to Monday and a Happy Birthday to the National Timeshare Owners Association

Welcome to our Monday article, we start with some news from Europe, Canarian Legal Alliance has been at it again. More news from the courts in Tenerife finding for CLA clients against Silverpoint.

On 2 May, the judge presiding over The Court of First Instance No 5, ruled the contract these clients had contained several infringements and declared the contract null & void. The judge also ruled they should be awarded over £25,957.79 plus the return of their legal fees and legal interest. In this case the main infringement was the floating weeks. The Spanish Timeshare Law 42/98 was reaffirmed by the Supreme Court, a timeshare contract must include a specific date, location and period.

The following day, the same court declared yet another contract from Silverpoint illegal under law 42/98, this infringed the length of the contract. The Supreme Court on numerous occasions have stated that under the law no contract can be over 50 years. The judge in this case again declared the contract null & void, ordering Silverpoint to return over £8,856.71 plus legal fees and legal interest to the client.

Canarian Legal Alliance also received a visit from the Kavli Family, who had their Anfi contract declared null & void awarded back over 39,413€ plus legal interest. Their visit while enjoying a relaxing holiday was to thank the entire team at CLA for all the work they put in to resolve their situation.


On another note, this weekend saw the awards presentation of the Canary News Business Awards. Canarian Legal Alliance won the the award in the Service Category, with the Head of Operations, Csilla Nazali being awarded Business Person of the year, this was accepted on behalf of the entire CLA Team. So congratulations to them.

It would also appear that our “Fake Law Firm” the Litigious Abogados family have a new member, Abogados Amable & Garcia. The website is very much like all the others, accept they have a few new photo’s of “Lawyers” with some new names: Juan Hernandez Amable, Armando Ignacio Garcia and Ramon Quemon Cremul. These have not been traced on any Bar Association register. Even the logo on the website is a rehash of the Abel Garcia one. More on this as the information starts to come in.


So on we go with the NTOA article, this follows the news that TATOC, the association that is supposed to represent owners committees, is going into administration. As you will see from the article, there is a difference between the two organisations. The NTOA is independent of the industry, whereas TATOC was funded and run by the industry for the benefit of the industry and not you the owner’s / members. After all we know that Harry Taylor took up his position with TATOC while still a senior figure with Diamond Resorts Europe. We also know he supported MacDonald Resorts to the hilt against owners, when MacDonald’s decided to remove all fixed week owners and replace them with a points system, legal action on this is still ongoing. Somehow we think that is a conflict of interest and not conducive to being “independent”.

stop press 1
Just before publishing today’s article, ARDA once again unleashed its powerful propaganda arm in retaliation against Don and Irene’s FOX Property Man interview with Las Vegas attorney Bob Massi. This was Don and Irene’s attempt to warn the public about Diamond Resorts points not being able to be listed with a member of the Licensed Timeshare Resale Broker Association. A timeshare member can list any major timeshare except Diamond Resorts with any of the 64 members of the LTRBA. The members feel the restrictions Diamond places on the use of secondary points are more onerous than any of the major timeshares they do list.  

You decide the merit and purpose of this interview. The industry continues to ignore the secondary market preferring to promote surrender programs. While the elderly are often mentioned, many young families who feel they were defrauded on the front end of the timeshare purchase have reached out to Inside Timeshare to let their voices be heard.

One of the many Diamond Advocates has reached out to the ABC reporter to offer a 101 in Truth. Why Diamond will not loosen its restrictions so that a member can actually sell their timeshare is a mystery.

Our National Timeshare Owners Association 20th Anniversary

NTOA – A Timeshare Member’s Only Voice


By Charles Thomas and Irene Parker

May 8, 2017

European timeshare member lobby efforts are in a state of upheaval due to the bankruptcy of TATOC. It is not always easy to determine if an organization is on the side of the timeshare member or on the side of the developer. One thing is clear. The timeshare developer is not on the side of the member when the interest of the member is at odds with the developer.

The National Timeshare Owners Association in the US is one timeshare member/owner organization unquestionably on the side of the owner or member. As the industry moves towards points, timeshare buyers don’t “buy” or “own” anything. I will use “member” from now on when referring to timeshare purchases.

Timeshares today are mostly a “right-to-use” program. Buyers “join” the program. Unlike a country club that charges a nominal initiation fee upon joining, a timeshare purchased directly from a developer usually involves an initial outlay of $25,000 to over $100,000. Unlike a country club, you can’t cancel at whim.

Signing a perpetual contract without a secondary market, or a limited secondary market at best, has given rise to a robust transfer agent scam industry and has been a boon for timeshare lawyers assisting those sold by “deceit, concealment or bait and switch”, defined by the FBI as White Collar Crime. There have been numerous lawsuits.

Timeshare developers have been unwilling to address the need for a secondary market, preferring to focus on voluntary surrender programs, which are not guaranteed. Often members must grovel before the developer seeking release from a timeshare they no longer need or want.

This unwillingness to allow a legitimate secondary market could lead to the industry’s demise. As one member of the Licensed Timeshare Resale Broker Association told me, “Many of the calls to our office begin with – my parents got roped into this timeshare.”

Timeshare has had its share of ups and downs over the years. My husband and I bought our first timeshare in 1984, so we have ridden the waves. Never have I seen such an upswing in predatory lending and aggressive strong arm selling tactics. Never before has there been such a need for an organization that truly and purely is on the side of the timeshare member.

I asked Greg Crist, CEO of the National Timeshare Owners Association to describe the organization in a nutshell.

NTOA is a source of real and unbiased information and education. Over the organization’s 20 year history in the timeshare community, we have seen many ownership programs develop and later change. For example, developers have been converting to points programs from deeded intervals for several years. There are other major changes happening in vacation ownership and often owners are not keeping up with those changes. Our role is to help educate those owners (our NTOA members), assisting them to better understand their current ownership benefits”.

“Advocacy is another area we focus a lot of attention on in the United States, Canada and now Mexico. We work with law enforcement, regulators, legislators and attorneys, assisting in consumer protection and again educating all stakeholders on various threats to consumers that exist in the marketplace”.

“Finally we do everything we can to encourage owners to get the most beneficial interest out of their Vacation Ownership. As timeshare owners ourselves, we feel these are the three areas that owners typically seek knowledge and support from us.”

Greg Crist: CEO NTOA

Inside Timeshare previously published an article about NTOA’s efforts chasing fraudulent timeshare transfer agents caused by the limited secondary market. This is one area the NTOA and the timeshare developer lobby organization ARDA share a common interest. As NTOA works so much behind the scenes, many timeshare members are not even aware of the organization’s existence.

We hope that will change as we launch a membership drive.

Here is one example of how NTOA worked with Eagle Crest in Oregon to stop this particular timeshare transfer fraud.

As to the demise of TATOC in Europe, Greg expressed some dismay over the demise of this organization.

“The NTOA has worked with TATOC in identifying a number of rogue resale and secondary market companies over the past several years. To that end, our staff has shared intelligence and best practices for consumers and for foreign purchasers of timeshare intervals. We have always considered TATOC a partner in the war on resale fraud.”

I posed the following questions to Greg:

What can a timeshare member do to promote legislative changes to reduce the volume of complaints about aggressive selling and predatory lending?

Greg: The various state legislative processes are often fast moving and difficult to keep up with. Having success in this area requires a grassroots effort in states where owners reside. The optics that many legislators have is that our owners/members are not voters in the states where industry lobbying is prominent. We have to change that perspective so that elected officials are more receptive to the voices of owners.

What is NTOA’s three to five year plan?

Greg: NTOA is in the final leg of its expansion plan in North America. We have been working in Canada for the last three years and began working in Mexico in 2016. This year, we are participating in two industry conferences in Mexico and intend to have a consistent presence there going forward.

To accomplish this part of our mission, we rely on close relationships with other associations in those countries. This includes the CVOA, CARE, ASUDESTICO and ACLUVAQ. In working with partners, we can not only better assist our members/owners but also promote regional tourism as well.

Is there anything NTOA can do to promote a legitimate secondary market?

Greg: The secondary market is a very complicated problem and no one-size fits all solution will work. The NTOA is working with the C.A.R.E. resale task force to develop a better understanding of the barriers, challenges and opportunities for owners and HOA’s.

When you support the NTOA, you are supporting the only recognized independent association in North America supporting timeshare owners.


Timeshare Advocacy needs more member voices. We look forward to hearing from you. For more information about how to join NTOA, here is their website.

NTOA has assisted many of our Inside Timeshare readers through member supported advocacy groups. We have several upcoming articles contributed by timeshare members reaching out to the general public and to current members by sharing their story hoping to promote increased awareness.

Diamond Resorts Owners Advocacy is one Advocacy Group Inside Timeshare supports. We hope other timeshare member groups join the cause.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

Inside Timeshare would like to thank Greg Crist, CEO of the NTOA for his contribution to this article, as usual Irene has done a superb job of conducting the interview.

We would also welcome any views or comments on any article published, it is your voice, use it.

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