BREAKING NEWS! The Supreme Court declares null and void contracts in perpetuity

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Offline lawnmower60

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Can any of our legal minds give an answer to this statement at the Palm Oasis Agm are they right. We have two contracts one for use of week and one for maintenance  both for perpetuity Also can any checks be done to see if there were any court cases it seems a short period to get cases through a Spanish court from march when ruling was given by Spanish Supreme Court to November if this it is not true what would the implications of this statement as it has been said at an Agm and sent to all members



 The floor was then given to our legal advisor Mr Alvaro Campanario Hern6ndez who reported that this year the Supreme Court of Spain has pronounced two judgments against the Anfi Group which have attracted a great deal of media attention, and they are being used to try and convince some owners through misleading advertising to file for the termination of their contract. However, it is necessary to explain that these sentences only affect Anfi and do not apply to Palm Oasis, because the sales systems are different, as Anfi transfers the right to be a member of a Club and Tasoldn, S.L. has transferred undivided quotas of property rights of an apartment, thus becoming co-owners of an apa rtment. During the year 2015, section 5 of the Provincial Court of Las Palmas has given judgement regarding TasolSn, S.l. and has confirmed that the judgments of the Supreme Court do not apply to Palm Oasis for the reasons stated. He also informed us that for more than two years Tasoldn, S.L. has not received any claim for contract termination. This is because: 1n.- all this time all judgments received have been in favour of Tasoldn S.L. and 2nd.- as we have informed you, there is a protocol for contract termination in Palm Oasis allowing owners who, for reasons of age, health or any other, cannot continue to enjoy their apartment, to terminate their contracts and to receive the residual value of the weeks, as long as they are up-to-date regarding the payment of the maintenance fees of the Community.
Brian

Offline jcorrea-lawyer

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Hi lawnmower60,

Well, Alvaro, to whom I know personally, may be right but it is not as clear as they want to show it. It is right that, not only them (Palm Oasis via Tasolán) but others such as Puerto Calma, have sold co-ownerships, thus a part of the property in itself. Also they did it in many ocassions by way of "Public Deed" registered in the Land Registry Office. This is quite different from what, for instance, Anfi has being doing. Anfi has been selling "personal rights" not "real estate rights", and they may be considered different. What is not totally clear are the consequences, or if what Palm Oasis - Tasolan did was legally correct. This is something that they are giving for granted but that I am not so clear. So far the issue is not fully pacific in its interpretation.
« Last Edit: February 08, 2016, 13:41:12 by jcorrea-lawyer »
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Offline lawnmower60

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Thank you Javier for your reply
I hope that at some time you can  get a clear clarification of the ruling
Brian

Offline timeshare_junkie

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Is there any update of the rules?

If anyone knows please post.

It seems that some legal companies are certainly doing the business on the legal side however, I wouldn't want to go legal or pay big fees.

Offline jcorrea-lawyer

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Not really. Nevertheless Courts are declaring void contracts signed by Puerto Calma who sold weeks in the same basis that Tasaolan/Palm Oasis did.
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com [nofollow]

Offline Mavo

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A bit messy but I think I have managed to finally figure out how to delete lawnmowers last post(at his request)
 For other mods info you have to split topic at the point it needs deleting  then press the little circled arrow to send it into a new split topic then  go into the new split topic and hit remove which can be found at right top of topic.
tomeluk

Offline cyberc

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Hi

With all this going on with Anfi, would it be "safe" to buy a fixed week resale?

Regards

Offline riptoff

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Does the same decision affect timeshare in the UK? I relinquished my week at Cameron House owing to rising costs and declining standards. They are now threatening me with a debt collector to recover their charges. I am inclined to ignore their threats and ignore their letter as I live outwith the UK and they do not have my current address.
Any advice?
 

Offline seager64

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Hello,
Just ignore them until you get a court summons, all they are doing is threatening debt collectors who can do nothing unless they have a court order. I personally have never read of anybody having a court judgement against them for non payment of maintenance fees.
Seager64