Article stating new court ruling in Spain creates potential for timeshare lawsuits...

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Timeshare Industry In Spain Set To Collapse


Just a quick warning- this is another website that commonly has SEO articles, not necessarily news articles.. This article links directly to a commercial company who claims to "represent" timeshare owners against developers.. I have not found any other similar information (other than the same article regurgitated on other SEO sites and forums).. Hopefully others will have information or opinions on the accuracy of this report.. I've posted a bit of the article below. Please see the link for the full text.


........... A new court ruling in Spain on the 27 of May 2010 is set to see an avalanche of timeshare compensation claims against developers, the ruling can now be used by European timeshare owners to seek compensation from illegal contracts signed after 1996 In Spain and its territories.

It is now thought that up to 400,000 contracts were made illegally after 1996, industry experts believe that timeshare compensation claims could reach 2,000,000,000 (Billion) Euro.

Magistrate D. Juan Carlos Socorro Marrero has ruled that a timeshare developer in Gran Canaria must pay back double the amount of the timeshare deposit taken within the cooling off period. In a case brought against Anfi Sales SL, part of the Anfi Del Mar Group in Gran Canaria the Magistrate commented” The case of paying an advance instalment is in opposition to what is dictated in the law 42/1998, article 11, the second section of this mentioned rule permits the acquirer “at any time” to get back double the stated amount.”

Anfi Del Mar reportedly one of the most largest and luxurious timeshare developments in Europe is now set for up to 10,000 new claims for timeshare miss-selling under the 1994 European timeshare directive. Anfi Del Mar, built by the Ling Group in Gran Canaria in 1989 and once owned by the largest travel agent in the world “TUI” is said to be in a state of panic at this ruling. “TUI” who own and operate several of the best known UK high street tour operators including Thomson were also responsible for taking illegal timeshare deposits at Anfi from 2001 to 2004.

At present there are over 200 live claims for timeshare miss-selling against Anfi Del Mar in the Spanish court system and with fresh claims coming in at a rate of 10 a week before this ruling, it is not known what affect this will have on the stability of Anfi Del Mar.

Under Spanish law, even if a property is sold on all debts and encumberments are passed to the new owners, so even if a timeshare property has changed its ownership, the new owners will still be liable for new compensation claims......................

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RDO's responds that the assertions made by Claims Directive are misleading.

An Official Response from RDO (Resort Development Organisation) to the Press Release of 15 June ?Timeshare Industry in Spain is set to collapse? Timeshare, Go Timeshare

Some of the release is copied below..


................Contrary to the statement made by Claims Directive, a company that claims to represent timeshare owners’ interests, the timeshare industry both in Spain, the rest of Europe and USA as well as other international territories is extremely robust.

The assertions of fact made by Claims Directive are incorrect and misleading. There are categorically not ‘200 live claims for timeshare miss-selling against Anfi Del Mar’. In fact, only 3 court rulings have been made, one of which was in favour of ANFI Group and in the other 2 cases, the company is required to return only the deposits paid and not, as claimed, double the amount. Both rulings are subject to appeal by ANFI Group.

We understand that Claims Directive was set up by a former manager at ANFI Group who no longer works with the company. Furthermore, Claims Directive sells a holiday club called Voyager – RDO considers holiday clubs to be one of the biggest threats to the reputation of the timeshare industry as a whole. Many timeshare owners report that they have been enticed to presentations under false pretences, perhaps having been told they can join a class action scheme, but are then persuaded to sign up for a holiday club membership they did not want in the first place.