How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

I have a timeshare in Portugal. The costs escalate every year

Resolved Question:

I have a timeshare in Portugal. The costs escalate every year and they are constantly harassing us when we are there, to get us to spend more money with them. I have a contract from them that states that I will pay the annual maintenance when it is due. The contract says that they will maintain the apartment, grounds and public areas.

We visited in January and our apartment is in a very bad state. leaking exterior pipework inadequate ineffective exterior drainage. Rusted cooker hood and radiators, broken fittings in the kitchen. A long list of problems and I have taken photographs.

Can I get the contract terminated because they have broken it ?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Do you know which law applies to the timeshare agreement that you have?

Customer:

The company I signed with was based in the UK

tdlawyer :

Okay, and does the agreement state English law is applicable?

Customer:

I am just looking through it, but it doesn't seem to say which law is applicable. The company was based in Essex and payments went to the Essex office. The company was sold at the end of 2010 and taken over by an Indian company and althought they have their own company name MG Muthu Group, they have also taken on the name of the previous timeshare company Petchey Leisure, which was based in Essex.

tdlawyer :

Okay. How long have you had this for?

Customer:

I have just read the contract and it definitely does not state which law is applicable. I have had it since 2005

tdlawyer :

Okay, then if they were based in the UK, then you could argue that English law applies.

tdlawyer :

In which case, can you tell me if they're saying they will not repair it to the right condition as they're obliged to under the agreement?

Customer:

On previous visits we reported to them that things were below standard and nothing was done. This year we found it in appalling condition. I have not contacted them about it this year, I wanted to find out if they have broken the contract. I should mention that the contract is a transfer of ownership form, the timeshare was purchased from a previous owner, via a resale site.

tdlawyer :

Okay. Basically, if the other party to a contract evinces an intention to do something which is important to the contract, it may amount to a very serious breach, called a repudiatory breach of agreement. A failure to act on complaints that there have been breaches, such as of the repairing requirements, which I would imagine are quite important, might therefore amount to such a serious breach that it is repudiatory in nature. This means, that you would be entitled, if the breach was a very serious one, to tell them you accept their repudiatory breach and treat the contract as at an end, thus discharging your obligation to make any further payments in relation to it.

Customer:

Should I start by sending them a letter and the photographic evidence ? I have visited websites where people have said they use very nasty debt collection companies to pursue people who withhold payment. I have considered paying them fee due in late march, while I try to argue my case with them, but I wonder if it would be better to pay the fee, until I can find out my position legally. Where would I find a solicitor who specialises in this sort of contract ?

tdlawyer :

What part of the UK are you in? And yes, it's worth sending a letter potentially asking for the rectification works to be done, but if the objective is to get out of the agreement, the don't do that until you've spoken with a solicitor. You might already have enough to "accept a repudiatory breach" and thus end the agreement now. If you give them a chance to put it right, you might lose that opportunity.

Customer:

I am in Newport, South Wales

tdlawyer :

I'm afraid I don't personally know that area, but I can say that having done quick search for you, it looks like Harding Evans (http://www.hardingevans.com) and Jacklyn Dawson solicitors (http://www.jacklyndawson.co.uk) both profess to be able to deal with this type of thing.

Customer:

I will try them. Thank you for your help.

tdlawyer :

You're very welcome. Thanks for your time, I hope I've delivered a good service.

Customer:

Yes, I have just rated it as excellent. Thanks

tdlawyer and other Law Specialists are ready to help you