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Ben Jones
Ben Jones, UK Lawyer
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I have been mis-sold a timeshare, how do I get out?

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I have been mis-sold a timeshare, how do I get out?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How were you missold it and when did you buy it?
Customer: replied 2 years ago.
We bought it three years ago in Spain with Club La Costa. We were told we would be owning a percentage of the property at the end of agreement which is untrue because they would need to sell the property home first which is not even worth a one pound. Every year the maintenance fee is increasing ( That is their real interest ). We just want to get out of this biding contract and hopefully recoup some of our money which we spent ( £18 K + 2 years maintenance fee ).
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 certainly would not say that recouping money spent already is going to be realistic, unless you are prepared to take this to court and fight all the way. You are likely to spend a lot on legal fees though so be aware of that. I would concentrate on trying to get out of the membership rather than recouping your losses and the first step you could take is to see what happens if you stop paying your fees – they may become threatening but they may not actually go as far as suing you.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.
Hi Ben,
Could please advice me of any legitimate companies who will help with my matter.
Many Thanks
Hi we cannot advise you of which companies to use because we cannot independently verify if they are legitimate or not so whilst we can discuss the law and your legal position, finding a company you want to work with would be something you do independently I'm afraid