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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My wife and I own a timeshare in Spain. My wife has MS and

Customer Question

My wife and I own a timeshare in Spain. My wife has MS and is no longer able to travel abroad. We would like to exit our cotract. Can we apply to do this on health grounds?
Regards *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and 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. There is no law which allows you to cancel the timeshare on grounds of ill health. In fact many buyers who bought timeshares 20-30 years ago are now elderly or in ill health and they are still lumbered with these as it has not been possible to rely on anything specific to cancel them because they can no longer take advantage of them. 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'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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