Surrender Timeshare

Started by, August 28, 2018, 10:41:42

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I'm a new member who could do with advice please...

My friend is 93 and housebound.  She has owned 2 timeshare weeks in Spain for many years but not been there for about 8 of them now.  She has been so poorly that I contacted the club she belongs to back in January asking if she could surrender her weeks.  I was told there is one opportunity a year to apply. 

A form has now arrived but it only allows for buying her way out, and even that is not guaranteed as it appears to be first come first served.

I explained on the 14th February that my friend, who was rehabilitating in a home after a spell in hospital at the time, was physically unable to travel any more and supported this with a letter from her GP.  That seems to have been totally ignored - or is it that she has no option?

Chances are that the little money she has will soon be required for some sort of home care so I am keen for her to avoid paying £3,116.56 to a club that she cannot attend!

Is there anything more I can do to help her out of this or is it legal what the club is asking for?  And, what if they don't accept her application?  (I do have POA.)

David Cox

Your information is quite sparse therefore, I must caveat my response to ensure I do not lead you up the garden path.

That said, if the resort your friend is a member of, is a member of the Resorts Development Organisation (RDO) they have a policy which its members must abide by.

That policy states that should your friend be over the age of 75, she will be entitled to surrender her timeshare if she is ill which you state she is.

If they are not a member of the RDO then, as a policy does exist, and that policy has been adopted by the official trade association and they believe that it is a reasonable position to adopt, your friends resort will have difficulty in reasonably objecting to the surrender as to do so may be classed as unreasonable.
Free Advice TESS Law


Hi, this situation is why timeshare has to be considered very carefully before entering into the contract. However many people when they purchase a timeshare with "real" old age many years away - do not worry about it.
The board administrator has given you the formal position.

I will offer what I would doif it was my parent, family member etc.

I would write one letter to the resort administrators, make it short, formal and to the point.
I would say this person is x years of age, she has not been able to use her timeshare for x years, she is very ill. Our requests for you to accept this have fallen on deaf ears.
Therefore we are giving you notice that the timeshare is no longer required and annual maintenance payments will not be paid.

Now they will react in one of two ways, 1) you will not hear any more, or 2) they will write and say you must pay.

My advice would be to reply to the first letter , simply attaching a copy of your earlier letter. They may send several more letters, some may sound threatening. But what can they really do??? Take a 93 year old , ill person to court? No, that will not happen. You may be interested that hundreds of people without being the age of your friend or being seriously ill, have just walked away from their tiemshares - unfortunately whilst the process for buying timeshares is elaborate and sophisticated - there rarely is a process for exiting them.

With teh good resorts (very few), many will accept old age and illness as genuine reasons to return timeshares - perhaps because they know they can resell again and make money - but nevertheless - they relieve you of your problem.The majority have no return policy and do not want them back because they know they cannot resell them , and they want you "on the hook" for making then annual maintenance payments.

So, my advice - walk away. You have been quite reasonable in your approach to date, but tell them what you are doing.

You may have to deal with them sending further "nasty" letters - most resorts are quite practised and sending legal sounding letters. Take comfort from the fact - that no one has yet been taken to court and successfully pressurised into paying - the timeshare world is too dirty for this to happen, and whilst the resorts are good at threats - they are not going to go to court.

This may be an uncomfortable suggestion, but it is a honest approach to dealing with merciless timeshare resorts.

IF you feel you cannot follow this, them seek legal advice (J Correa a Spanish timeshare legal specialist is a regular contributor to this site - and would be the best place to start - he does not start off with - pay me this amount of money) AVOID paying any money out to anyone who says they can release you from the contract - history says they take your money and leave you with the problem.

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