Timeshare Law (Selling Timeshare) and other relevant Consumer laws
The first substantive law applying to the purchase of timeshare was the UK Timeshare Act 1992 which, with various amendments, continued until replaced by the Timeshare Holiday Products, Resale and Exchange Contracts Regulations 2010 on 23 February 2011.
Since 1997 laws relating to the purchase of timeshare have been based on Directives issued by the European Parliament. The first Timeshare Directive was issued in 1994 for implementation in 1997 and was replaced by the second Timeshare Directive (2008/122/EC) which was issued in 2009 for implementation in 2011.
Implementation of the first Directive was haphazard with a number of countries amending the required wording in the Directive. The second Directive does not allow for any variations excepting those relating to enforcement. This should ensure that the laws in all EEA countries are exactly the same, minimising consumer confusion and providing traders with a more level playing field.
The Consumer Protection Regulations (CPRs), which deal with misleading statements and omissions, may also be relevant where a consumer considers that there was misrepresentation. But CPRs are only relevant if you have suffered any loss as a result of the misrepresentation.
The Consumer Credit Act 1974 (CCA74) provides an opportunity for consumers who paid by CREDIT card, or used a ‘linked’ loan for the purchase, to obtain recompense from the lender.
The Unfair Terms in Consumer Contracts Regulations 1999 provides enforcement authorities with the power to stop the use of contracts which are unfairly biased against consumers.
The Distance Selling Regulations 2000 provide consumers who purchase a product or service ‘at a distance’ (i.e. telephone, internet etc.) to cancel the purchase. Note there are a number of services which are not covered by these regulations.
If you consider the law has been broken
Tell your local Trading Standards Office (usually in the Town Hall). But do so quickly as you may only have a short period of time (perhaps a few days) during which you can easily resolve a problem
Relevant laws:
- Timeshare Holiday Products, Resale and Exchange Contracts Regulations 2010 on 23 February 2011.
- UK Timeshare Act 1992 – repealed on 23 February 2011
- Spanish Timeshare laws
- Full text, in Spanish, of Timeshare Law 8/2012 – became law on 17 March 2012
- Full text, in English (non-legal translation) of Timeshare Law 8/2012 is available
- English summary of Spanish Timeshare Law 42/1998 – repealed 17 March 2012
- Spanish Civil Code
- Consumer Credit Act 1974
- Consumer Protection from Unfair Trading Regulations 2008
- Unfair Terms in Consumer Contracts 1999
- Distance Selling Regulations 2000. Replaced 13 June 2014 by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 see here also.
- “Doorstep” regulations 1987 {Full title:-The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations }
- Proceeds of Crime Act 2002
- Money Laundering regulations 2007
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