Timeshare ownership, or as it is more commonly called: – Holiday clubs or fractional ownership has been sold in Spain for decades.
Typically, a client was sold a ‘week’ in a specific resort for an average of £30,000. Usually this money was paid, via a UK bank finance agreement. The sales strategy was very aggressive and involved luring tourists into a high-pressure group seminar. These went on daily in all the big Spanish resorts throughout the 1980’s, 90’s and 2000’s. The industry norm for success was that 1 in 6 clients would sign up on the day.
Part of the sales pitch was to inform potential clients that there was a strong and active second-hand market if they decided to ‘sell’ their timeshare contract in the future. Sadly, no such market exists.
During the purchase, no cooling off period was given, and customers were asked to sign a legal purchase contract and a loan agreement following the seminar.
An annual management or maintenance fee for the upkeep of the property and communal areas of the resort was written into the contract. Initially this fee was affordable. But as the years went on the fee grew disproportionately, to the extent that some owners now pay a maintenance fee that is more than the weekly cost of renting a holiday home or hotel in the same resort.
These contracts and the associated management/ maintenance fees are written in perpetuity.
The obligation to pay these fees forms part of the owner’s estate and the liability is passed on after death.
It took many years, but eventually Spain’s Supreme court ruled that almost all timeshare contracts sold since 1999 are deemed inherently unfair and unenforceable.
This will come as great news to the hundreds of thousands Spanish timeshare owners who want to both free themselves from their costly timeshares and avoid passing the burden on to their children or spouses.
Hundreds of owners are having their contracts declared null and void every month, but because the action is usually resolved in the Spanish Courts, legal advice and representation is almost always necessary.
The courts’ decisions to declare timeshare contracts null and void are based upon Spanish law, confirmed by the Spanish Supreme Court on 15th Jan 2015.
So, if just one of the following is true for a you as a Timeshare owner, then the potential is there for a claim to be made against the resort for the contract to be declared Null and Void.
What’s more, if the case is won, you may also be able to recover up to 90% of the amount you initially paid for the purchase of the timeshare:
You paid ANY money in the first 90 days after signing the contract. (Most customers took out loan agreements on the day, which qualifies as payment).
The timeshare contract was in perpetuity(Most contracts were written for 50 years or more, which qualifies).
The owner purchased a ‘floating’ week, not a fixed week on a specific property. (Although applying to specific resorts, this practice was widespread).
We've got a Julia on Fase 1, and we visit every 2/3 months . Each time we prune our bougainvillea & oleander bushes right back so they dont hang over the narrow pavement in our road. When we return , they've grown so much again , so we cut them back again . Recently, we were told that ' an official' visited our house while we were in UK , and seemed to measure the extent to which our bushes impacted the pavement .
I'm not sure if anyone has complained , and pedestrians in our road are very few , but does anyone know if there's a specific council rule , which we obviously want to comply with . Thanks ,
MdM Fase 1
Urb La M
Buy 2 get 1 free on all NaturaS hemp oil
We deliver all over Spain
Looking forward to celebrating New Years Eve this year on the Urb and wondering where’s the best place for drinks and music ?
We are in our early 50’s and not into ballroom type music.
Thank you in advance ; )
KEI HOMES LTD
HOME CARE/CARE ASSISTANTS/VACATION RESPITE CARE/LIVE IN CARE/SURVEALANCE CARE
Kei Homes is now looking in a new direction of delivering services for the retired or those impaired in that they can through their connections in UK and Spain, provide home care assistance in your existing home or provide respite care assistance when your existing carer needs a break. This service can be also provided if you want to go outside your country for a holiday. It also means that if you have a loved one who may have medical conditions and you would like them to join you in your adopted country, we can provide suitable accommodation or arrange the necessary help needed.
There are several good reasons for home care. Many people prefer home care to any other option. Home is a place of emotional and physical associations, memories and comfort. Although many people can be happy in assisted-living facilities, retirement communities or nursing homes – and for many people these are better options – leaving home can be disruptive and depressing for some people.
Home care is delivered at home. When people are not feeling well, most want to be at home. Home care keeps families together, which is particularly important in times of illness. Home care prevents or postpones institutionalization. Home care promotes healing. Home care allows maximum freedom for the individual, in contrast to institutions, which are regulated environments. Home care is personalized – tailored to the specific needs of each individual.
Responding to these simple and human needs requires substantial public commitment. This requires both a social and a political impetus, entailing changes in culture, attitudes and widespread education of all professionals, in both the community and institutions, in both the health care and social sectors as well as informal carers involved with people who need home care. It demands human commitment and flexible organizations more than expensive drugs and interventions and should
be a concern for all governments.
There are a few fundamental questions about the development of home care services. In many cases these would compare favourably with institutionalized forms of care in terms of cost-effectiveness, but organizing a network of services could be more challenging than running facilities such as nursing homes. Does this explain the path of service development?
Moreover, who is the right caregiver at home? The people requiring care – empowered and well trained – informal carers, nurses or physicians?
Wandat is the right combination of them in any given circumstance? Who is the appropriate case manager: the one who designs the care programme and controls it, trying to manage the different caregivers?
This publication presents these challenges with exemplary clarity, providing a concise overview of the best available evidence on home care, and a series of spotlights briefly describe some enlightening policies and programmes from cities around Europe
Second-hand homes are quickly becoming the undisputed leaders of the economic upturn in home sales and purchases in Spain. At least 8 out of 10 transactions involve used properties and it is increasingly common to see 'For Sale' signs on the sides of Spanish buildings.
In many cases, the same block will have several flats for sale, so it is necessary to develop a good plan to stand out from the neighbours and successfully make the sale.
How can you do it? According to the Alfa Inmobiliaria real estate network, these are the five keys: price, time available for sale, refurbishments, promotion and marketing plan and visits to the property. We summarise what each one consists of:
1. The sale price should be fair
The determining factor when closing the transaction is the price. We cannot forget that there are several factors that determine how much a house costs: as well as the market, there are the characteristics of the property (two bedrooms, three or four), its location, the current state of the house, the feeling it gives off.
It is important to put it on the market at a reasonable price, since "if you go for a higher price than it should be, the house ends up selling for less than its value if it is not adjusted," explains Alfa Inmobiliaria.
One way to know the fair price of a house is to use online platforms that use 'bog data' to make valuations, which usually cost around 20 euro. There is also the option of going to a traditional real estate agency.
2. Set a sale deadline
Price is not the only important variable when selling a property – the time factor is also important in the equation. If the seller is in a hurry to sell the house, it makes sense to adjust the price from the beginning. If not, you have to determine a period of time in which you would readjust the price: three months, six months... although it is not recommended that the period should exceed half a year.
"In that time, price adjustments will constantly have to be made until it is finally sold. Let's not forget that the selling price is always set by the market," explains the network of real estate agencies. In Spain, it currently takes an average of eight months to sell a home.
3. Get the house ready with some touch ups and some renovations
Before marketing the house, it’s important to analyse its qualities, its pros and cons, as well as to consider the profile of potential buyers. All of this will help you to choose the way in which the property should be promoted, the appropriate price and whether it should be refurbished before it is put up for sale like replacing windows with more energy efficient ones, renovating floors, curtains, doors, etc.
At this point the so-called 'home staging' strategy comes into play, which is based on preparing the house to be put on the market by making it look more appealing. Presentation is key when it comes to selling and we must try to make sure that the potential buyer can imagine themselves living there. Applying some simple home staging techniques, you can sell a house up to eight times faster.
4. Promoting your property
There are different ways to advertise a home for sale, though it is always advisable to use the power of the Internet. Placing an ad on real estate portals like idealista and using social networks is the modern way to promote houses for sale. It is essential to describe the home well, adding lots of good quality photographs, or even video, virtual reality and 3D tours.
5. Prepare for visits
"We always say that in the first 90 seconds a buyer knows if they are interested in the property or not," explains Alfa Inmobiliaria. In other words, in just a minute and a half, potential buyers must have fallen in love with the place or they won’t buy it. For this reason, and after making the corresponding aesthetic adjustments mentioned in point three, it must also smell good, not be too dark, be at a pleasant temperature and not be too noisy. If we’re not attentive to all these details, the network of real estate agencies insists, "it is very unlikely to be love at first sight".
The company Aeromax is offering Internet. Do they have a good service or not? Can anyone recommend Aeromax?
Timeshare horrors: fresh hope for 100,000 people locked in costly contracts
Thousands of Britons trapped in onerous timeshare or “holiday club” arrangements – where they are forced to pay annual fees for few or no benefits – could be given an escape route as their contracts are effectively “null and void”. Some might even be able to claim refunds.
These rip-off agreements could completely unravel as a result of a court ruling against “perpetual” timeshares. Soon-to-be-implemented Europe-wide rules are expected to back the decision.
Data shared with Telegraph Money suggests that 100,000 timeshare contracts are affected. Figures from the timeshare industry show that around 12pc of the 850,000 timeshares in Europe could now be considered illegal and their owners due a refund of all money spent, plus interest and legal costs.
• Booked a hotel online? The price could still go up
• Return of the timeshare? The bargain 'holiday' where you can't leave the hotel
While “timeshare” often describes legitimate arrangements where, typically, consumers buy fixed weeks each year at a set resort, the term is also used to describe a vague package of benefits, supposedly attached to a range of resorts, where customers risk being locked into unfair terms.
The latter, sometimes called “holiday clubs” or “floating timeshares”, are notorious. Owners found they had unwittingly agreed to pay hefty annual fees that were supposed to continue after their death, with the obligations passing on to their children or heirs.
Reports have surfaced of people in care homes being forced to pay for timeshares they could not use, as well as relatives of deceased owners being hounded for money.
The Timeshare Consumer Association (TCA), an independent lobby group representing timeshare owners, told Telegraph Money that up to 60pc of agreements were being enforced by providers against the owner’s wishes.
Of the 850,000 timeshare arrangements in Europe, 30pc of owners are in dispute with providers, the TCA said, with many refusing to pay.
What has changed?
A Norwegian woman was awarded more than £28,000 by the Spanish Supreme Court in March, giving fresh hope to Britons locked in similar arrangements.
In the case against the Gran Canaria-based Anfi Group, the judge ruled that “in perpetuity” clauses broke a Spanish law which states that no timeshare agreement signed after January 15 1999 can last more than 50 years. This rendered the whole contract invalid, and the court ordered Anfi to refund all payments as well as interest and legal fees.
Politicians in Brussels are now reviewing relevant timeshare legislation, seeking to apply tighter rules retrospectively, with enforcement expected “later this year”.
See if you can make a claim http://claimsright.co.uk/timeshare-claims/
Under current rules, the Timeshare Directive implemented by member states in January 2011, provides protection for consumers who signed up to timeshares after this date.
The move could give British consumers reassurance that excessive or unfair charges are unenforceable. The decision from March 6 applied to traditional fixed-week timeshares, but would extend to other agreements “held in perpetuity”.
Currently, around 20,000 timeshare owners across Europe are pursuing group actions against their firms, and around 30,000 people are pursuing cases individually, according to the TCA.
It said it had seen a 25pc increase in inquiries from British owners since the Spanish court’s ruling.
What are the disputed charges?
Timeshares can cost thousands of pounds upfront but the controversy surrounds annual “maintenance fees”.
Owners will have to pay the fees indefinitely, with firms known to pursue “debtors” ruthlessly. This leaves some pensioners forced to pay fees until they die, even if they are too old or ill to use their holiday properties.
Stephen Boyd, a partner at law firm Athena, who deals exclusively with timeshare disputes, said: “The more aggressive resorts will try to pursue an estate for money and might employ debt collectors who can make your life miserable if they get your phone number.”
Affected timeshare owners should write to any debt collection companies that contact them and inform them the debt is disputed. “They will often close their files and leave you alone. If clients have a legitimate dispute they shouldn’t be afraid of debt collectors.”
Mr Boyd, who deals with around 40 timeshare complaints at any given time, said one client with Alzheimer’s was being forced to pay for his timeshare even though he could not travel abroad.
“You think you’re buying something to ensure reasonably priced holidays for life. Instead you end up paying escalating fees for life,” he said.
'We won a "free" holiday but it actually cost us £2,000'
The offer of a free holiday from a stranger abroad should normally ring alarm bells.
But when an official claiming to be from the “tourist board” approached Bob and Shelley Cartman while they were holidaying in Tenerife in 2012, their trusting instincts got the better of them.
Mr Cartman, who is 69 and retired, was offered a free bottle of wine, but his wife, 60, “won” a grand prize – a week’s free holiday “anywhere in the world”.
They were persuaded to visit a resort called Grand Holidays Club, a well-known company in Tenerife that targets British tourists in an attempt to sign them up to costly timeshare agreements.
After being locked in a room for more than four hours, they paid €2,800 (£1,995) for a “trial” timeshare to provide them with a holiday anywhere in the world – even during the school holidays – for just £99 a week. But these bargain-priced holidays failed to materialise and by 2013 the couple had given up their investment as a lost cause.
hi .does anyone know of anyone that does car rentals on the urb needed ASAP,,and phone number.THANKS
I'm due to Stay on the urb mid May, And was wondering if anyone knows if the swimming pool will be open then? Can't seem to find any email address. As I remember its the pool near the satellite roundabout.
Thanks in advance,