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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a time share and would like to be rid

Resolved Question:

I have a time share for perpetuity and would like to be rid of it. How might I be able to do it?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. I am afraid that the news will not necessarily be good. Disposing of a timeshare or holiday club membership is an extremely difficult process these days, mainly because supply is much greater than demand. The timeshare industry had a huge boom some years ago and everyone was keen on getting involved, only to discover years later that they had signed up to something they rarely used or that they could no longer keep up with the fees.
As timeshare agreements rarely allow for an easy termination, the following are the only realistic options for trying to dispose of a timeshare:
1. Sell to another consumer – this is rather difficult, because as mentioned supply is much greater than demand. I should also mention that there are many scams offering to dispose of a share and you must be very careful not to get involved with anyone that asks you for any fees in advance, whatever reasons they use.
2. Return the ownership to the resort - some resorts offer an exit programme for their members, subject to certain conditions, fees, etc. However, as this varies from one resort to another, you need to check with your own resort to see if this is an option.
3. Walk away from the membership – simply stopping payments and ignoring any further requests for payment. However, this is somewhat risky because some resorts have taken non-paying members to court. Still, not every resort does that so it is worth doing further research to see if yours is a resort that has taken legal action in the past.
4. Claiming misrepresentation or breach of contract - this could make the original contract unenforceable and it could be cancelled now without further liability. For example, if you were promised certain things that have not materialised or the resort has acted in breach of the terms of the agreement you could try and cancel the contract by arguing it is now void due to this. However, that will not always succeed, especially if the alleged breach is not serious enough and you are relying on trivial reasons.
So as you can see there are only a handful of options open to you. There are thousands of other people just like you and unless they find a breakthrough, the majority just continue with their memberships and write this off as a bad decision. I wish I could give you a guaranteed way of exiting, however I m afraid that simply does not exist and this is evidenced by the large number of other 'victims' of the timeshare industry who are struggling in the same position as you.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Ben,

As there are so many people in the same boat is there somewhere I can go to see how people have dealt with it or is there a time share owners respite group as such to resolve this huge proble. I had heard that there may be an European law that might be outlawing perpetuity. Please advice.

Customer: replied 2 years ago.

HI Ben , Not sure if you received my reply. I hear there is or will be European laws outlawing perpetuity in time share ownership. can you verify this for me . Also if there are so many affected is there a place I can go to try get my situation resolved, like a time share owners action group.

Expert:  Ben Jones replied 2 years ago.
Hi
Expert:  Ben Jones replied 2 years ago.
Hi, sorry for some reason the reply did not show up and I have only just seen it. Not all perpetuity timeshares would be illegal. If your timeshare was in Spain and was signed after 5 January 1999 then it could well be illegal – see more here:
http://www.timeshareconsumerassociation.org.uk/2015/03/10/perpetuity-is-illegal-in-spanish-timeshare/
However, the wider European directive that was supposed to deal with this officially is still on hold:
http://www.thisismoney.co.uk/money/news/article-2720656/Fears-bigger-bills-timeshare-owners-stall-EUs-war-rogue-firms.html
There are contact details at the end of the article should you wish to discuss this with the relevant organisations.