Misrepresentation is a concept in the contract law of England and some other Commonwealth countries, referring to a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract.
If your timeshare was sold to you with express or implied promises, what was said is very relevant.
If those promises induced you into buying your timeshare, you are entitled to rely upon them.
The issue in all misrepresentations arguments are:
- Did you rely upon them?
- Did the representation induce you into buying the timeshare on offer?
- Did the representation impart a benefit to you that you wanted?
Assuming the seller did make, express and or implied representations to you and you later believed they were wrongful and misleading representations, they are called misrepresentations.
You can at all times rely upon them, however to void a contract those representations have to be material and of such gravity that you would not have entered into the contract if they were not made, or a collection of misrepresentations which collectively are material.
Material is a considered view and has to be looked at objectively.
For instance if it was said “every time that you visit the resort you will have a new bar of soap in the bathroom” and this does not materialise, it is a misrepresentations but one that will not warrant the voiding of the contract (it might be seen by a reasonable person a small damages based claim).
If on the other hand you are told that “buying your timeshare is an investment which will make you money in the future” and it doesn’t, then this is more likely to be a voidable misrepresentation.
Most people who want to leave their timeshare have a reason, and that reason 99.9% of the time reasonable.
If the resort refused to accept your relinquishment they would be required to issue Court Proceedings against you in order to get you to pay. The Courts work on the understanding that a claim has to be reasonable to be enforced. What do you think would happen?
If you think that your timeshare was misrepresented then contact the TCA and we will help you. All we ask is if you’re happy with the advice we have provided, that you pop a small donation to help us continue providing this advice.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk