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
Last modified: March 11, 2016