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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6050
Experience:  Spanish Attorney
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I would like clarification, please on Spanish Timeshare

Resolved Question:

Hi
I would like clarification, please on Spanish Timeshare Law.
A relative purchased a Timeshare in the year 2000. The accommodation is in Tenerife. He purchased it second hand from a colleague who presumably bought it originally before Spanish Timeshare Law in 1998 which limited the duration of the contract to a maximum of 50 years. My concern is the relative may have purchased a contract originally signed in perpetuity.
1) Are all such contracts now bound by the 50 year law even those signed before 1998?
2) If not then is my relatives contract bound by the 50 year law anyway as he signed it in 2000 (albeit second hand).
3) If not then will the Timeshare become part of his estate when he dies.
The final concern is that the property owner may legally be able to force relatives who may benefit from his will after death, to take on the Timeshare even though they dont want it, or else see the deceased estate liquidated to pay off future management fees from which the relatives will see no benefit.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi there
José M spanish solicitor
I am going to answer as you ask for
1) Are all such contracts now bound by the 50 year law even those signed before 1998?
The aplicable law to the contract is the one who rules when the seller bought, I mean the 1998 law So, the right is for 50 years
2) If not then is my relatives contract bound by the 50 year law anyway as he signed it in 2000 (albeit second hand).
It is for 50 years since the seller bought
3) If not then will the Timeshare become part of his estate when he dies.
Your relative could put at his will his right, the time left until 50 years and no more
For your last question, nobody is never forced to take an inheritance, so, it could be rejected
Thank you
Customer: replied 1 year ago.

I dont understand.

If the original Timeshare was bought in 1995 for example. Was that contract changed by Spanish law in 1998 to 50 years maximum until the year 2048.

or are you saying that as my relative bought it from the first buyer in the year 2000 then the contract is for 50 years only, until the year 2050 and the property owner is bound by that

Expert:  José M. replied 1 year ago.
We have to read everysingle contractIf the original contract was bought for 50 years, when the buyer sell it out, has the right to have it for 50 years lees the time left, he has no 50 years time when he sell outSo, your relative bought the time left until the original contract have 50 yerasThe person who sold to your relative did not sell for 50 years more, he sell for the time left until original contract had 50 yearsThank you
Customer: replied 1 year ago.

I believe the original contract was signed 'in perpetuity'.

That is my question.

Did Spanish law change it to 50 years in 1998?

Expert:  José M. replied 1 year ago.
Perfect, thats the point.
The original buyer can sell what he had and owes so, if his right was for ever, he can sell for ever, and your realtives right is for ever
New law in 1998 was for new contract, and your is no new
Please do not keep doubts, ask whatever you need
Thank you
Customer: replied 1 year ago.

We do not want the contract to be forever. We want to finish it as soon as the law allows.

Is my relative forced to keep it forever even if he no longer wants it?

Expert:  José M. replied 1 year ago.
No, the contract will say the ways to finish it ( Check it )
And if the contract say nothing about it (strange) we will use the 1998 law to study the regular ways to finish it Artticle 10 of the law
..................
Article 10 withdrawal and termination of the contrato1. The purchaser's rights of timeshare has a term of ten days from the signing of the contract, to withdraw from it at its free discretion. If the last day of the mentioned period was unqualified, it shall be excluded from the computation, which will end the next business day. Exercised withdrawal, the purchaser shall be paid compensation or expense alguno.2. If the contract does not contain any of the terms or documents referred to in article 9, or in the event that the purchaser not had been sufficiently informed by having contravened the prohibition of article 8.1, or failed to fulfil any of the obligations of the remaining paragraphs of that article, or if the delivered informative document did not match the filed in the registry the purchaser may solve it within the period of three months, counting from the date of the contract, unless you can required the payment of penalty or charge. In the case that there is a lack of accuracy in the information provided to the purchaser, it may, without prejudice to the criminal liability that the transferor would have incurred, and without prejudice to the provisions above, encourage the action of nullity of the contract pursuant to the 1,300 items and following of the code Civil.Completada the information before the expiry of the aforementioned term the purchaser may withdraw within ten days of the remedy, as set out in paragraph 1 of this article. After three months without completing the information and unless the purchaser has made use of his right of withdrawal, this may also withdraw within ten days following the expiration of the period, as set out in paragraph 1 above of this articulo.3. The withdrawal or termination of the contract must be notified to the owner or promoter in the home that for these purposes necessarily figure in the contract. The notification may be made by any means that ensures consistent communication of receipt and the date of shipment. For withdrawal, it is sufficient that shipment is made before the expiry of the period. If the contract is concluded before a notary, and without prejudice to the provisions of the preceding paragraph, the withdrawal may be recorded in a notarial certificate, which will be sufficient title for the re-registration of the right of use in favour of the transferor.
..........................
Customer: replied 1 year ago.

This refers to the period when the contract was signed in 1995.

That was 20 years ago.

What rights are available now.

Expert:  José M. replied 1 year ago.
The aplicable law and the rights today are just the same
No changes unless the contrcat says another thing
Thank you
Customer: replied 1 year ago.

So you are saying my relative has to keep the Timeshare forever!

I understood the 1998 law required all preexisting contracts to be adapted to the 1998 law.

Expert:  José M. replied 1 year ago.

He can sell it out when he wants or if he does noy pay the fees they will seize the right and sell it out at court, .... So, try to sell it out or do not pay the fees That are the ways

Also you could contract an atorney to study your case

http://nomasmultipropiedad.com/

Customer: replied 1 year ago.

Did the 1998 law require preexisting contracts to be adapted to the 1998 law?

Expert:  José M. replied 1 year ago.
Yes, the 1998 says that preexisting contracts had to be adapted in two years time If it was not, your relative could demand it at court
Thank you
Customer: replied 1 year ago.

so did the adaptation law require the contract to be changed to 50 years maximum duration or not?

Expert:  José M. replied 1 year ago.
Law just says that the NEW contracts will be 3 up to 50 years, so, your relative could demand at court to change his right but as he stars by now, he will be 50 yeras since he ask....
Thank you
Customer: replied 1 year ago.

I asked about adaptation.

The 1998 law stated that preexisting contracts had to be adapted to the new law.

Did that mean the duration had to change or not.

Expert:  José M. replied 1 year ago.

The gisves the cahnce but it is not compulsory, one part has to demand it to the other, and if rejected, deemnaded at court It is not compulsory and forced to be done by law Thank you

Your relative has the chance to ask for the change but the change is not automaticaly done by law

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