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Club la Costa

One Foot In The Grave!

“I don’t believe it, I just don’t bloody believe it!” said Victor Meldrew. But yes it is true, the Supreme Court has just issued their fourteenth and fifteenth judgements.

 

Canarian Legal Alliance just keeps them coming in, they announced this news late yesterday 13 July 2016. On Tuesday the court awarded 18,500€ to a UK family and declared their contract null & void because it was longer than the 50 years stipulated by law. The following day Wednesday another UK family had their contract declared null & void and awarded 13,000€, including double the deposit back for payment within the 14 day cooling off period. They had also been sold floating weeks, again in contravention of the laws laid down.

 

The Supreme Court has now consistently ruled that contracts over 50 years, floating weeks and points along with the taking of deposits within the cooling off period, are contravening the laws on the selling of timeshare in Spain. It now has to be asked when other countries are going to enforce these rules which were laid out by EU Timeshare Directives?

 

Spain is obviously leading the field in this area, with these judgements all lower courts must now abide by them.

anfi logo

So, just in the past week Anfi have been penalised for considerable sums, the question now is how long can they sustain this? There are more cases waiting to be heard by the Supreme Court, all because Anfi have taken the decision to appeal rulings by those lower courts. If they had any sense, I would have thought they would pull out of those appeals and just admit defeat.

 

The next question is how long will it be before other companies such as Diamond and Club la Costa have more cases brought against them? Is it the death knell for timeshare in Europe?

 

How will this news affect Apollo Global Management after their takeover of Diamond Resorts International? There are already rumours across the great lake that Wyndham is looking to buy the shares, the price has already been put at around $36 to $39 a share. I hope to get some insight into this from my American colleague Irene Parker who writes for the financial journal The Street, ( see link for her article on Hilton). Inside Timeshare will keep you posted on this as and when the news comes in.

 

Once again Inside Timeshare congratulates these two families and the legal team of Canarian Legal Alliance for their splendid work. They certainly have paved the way for others to follow.

 

If you need any information or advice on any timeshare related matter, Inside Timeshare will do its best to provide you with the best answers.

 

https://www.thestreet.com/story/13636683/1/hilton-worldwide-and-spinoffs-are-good-investments-now-or-later.html

TWO MORE SUPREME COURT RULINGS FOR THIS WEEK

 

 

Fractional. What is it?

Fractional Ownership, is it just another word for Timeshare?

 

Well it depends on where you are and what scheme you have entered into. In the United States Fractional is regulated by Real Estate laws.

 

Generally a property is divided up into say  Four, with owners each having 3 months use. These properties may be Freehold or Leasehold with either 50 or 99 year leases. In the US the value of these properties tend to follow the values of the property market. It gives the owners a quality holiday home without laying out for a second home. These properties also tend to be on managed resorts or condominiums, so maintenance fees are usually applicable. The positive side to this is when it is time to give it up, it can be sold and if the market value has increased then thank you I make a profit.

 

The problem now comes with Europe, Fractional Ownership is governed by Timeshare law. It is the resorts that are marketing it, Club la Costa and Diamond being the biggest. So if it is subject to Timeshare laws, then obviously deposits paid within the 14 day cooling  off period applies, as does the selling of it as an investment.

CLCdri logo

During my research I have spoken to many people who have purchased Fractional, all have told me the same thing. They purchased to be rid of their timeshare, and the only way was to take on a fractional, owning several weeks for periods starting at 5 years up to around 20 years. At the end of this period the property would be sold and they would reap the rewards, then being free from their timeshares. Well to me this smacks of what a friend described as “A Pig In A Dress”.

pigdress

The property is going to be sold, but all fractional owners must agree. Did they all buy at the same time and for the same period?

 

If not how can any agreement be reached, also who has the controlling shares?

 

Somehow I cannot see the resorts selling off all the available Fractions, thus losing control.

 

So what happens at the end of this period, does the consumer revert back to their original timeshare?

 

This scheme is still in its infancy in Europe, it looks and sounds great with the slick, smooth, fast talking sales rep. But it does look as though it is not property you are buying but the Right of Use. In other words it seems that it is just another way of selling Timeshare. We have already seen another term take over from that dreaded word, Holiday Ownership.

slicksaleman

On the Club La Costa Members Blog dated 10th July 2012, it states that First National Trust Company who are the trustees of the Fractional Property Owners Club, said that “this model should never be advertised as an investment”. I wonder if the sales staff have been told this in training, or have they been told to ignore it? We have seen this with other aspects of timeshare sales in the past and look where that has led, litigation for misrepresentation and mis selling.

 

http://clcmembers.blogspot.com.es/

 

Is this just another scheme like points or floating weeks to fleece you of your hard earned money?

 

Only you the consumer can answer that, unfortunately by the time you actually find out you may be the loser of thousands.

 

If you have been to a fractional presentation or have purchased, Inside Timeshare would like to hear your story and your views. Even if you are happy with your purchase I am willing to publish your comments, unlike many other blogs Inside Timeshare looks for balance.

balance