Timeshare and Misrepresentation
When considering a timeshare contract, and before advising a client, it is important to take detailed instructions, focusing on the sales process.
Why is this important? Experience has told me that more often than not various promises and/or misrepresentations are made during the sales process which are simply false.
A false representation may in law be treated as a misrepresentation if it can be demonstrated:
(a) that a representation was made;
(b) that it was relied on by the client
(c) that it was made with the intention of inducing the client into entering into an agreement to purchase a timeshare or long term holiday product.
If the court accepts that a contract was procured following misrepresentation, it will usually follow that the contract is capable as being treated as void. The client will also be entitled to damages that will put them in the same position they would have been had the misrepresentations not been made. Such damages will theoretically include:
(a) a refund of the purchase consideration
(b) a refund of maintenance fees
Crucially, the client will be released from future liabilities for maintenance fees. Further, if there is a “linked loan” the lender will be jointly and severally liable under section 75 of the Consumer Credit Act 1974.
How Can I prove Timeshare misrepresentation?
The timeshare seller will simply sit back and say “it is your word against ours”. In theory this is correct, but overlooks the reality that Judges will weigh up the evidence in its entirety and will consider in particular the fact that timeshare has a bad reputation, salesman are looking to make commission, the Claimants are invariable people of good standing. To give an example, I have recently persuaded a resort to cancel timeshare purcahse agreements and refund the original purchase consideration. The clients were an 86 year old, retired teacher and her daughter, a head teacher. A proof of evidence was taken, which set out the allegations of mis-selling in detail. The clients were assisted by using a specialist timeshare solicitor who had other clients who were making similar complaints and who could give similar fact evidence. All told, when reading the evidence, the claim was compelling particularly when one considers that a Claimant in civil proceedings only has to prove their case on a balance of probabilities i.e that it was more likely than not that misrepresentations were made.
Having represented hundreds of timeshare owners over the years, I have extensive experience helping to release clients from inherently unfair and unenforceable timeshare contracts. With a personal, human and straightforward approach, my understanding of the timeshare market ensures the best possible results for my clients.
If you are trapped into a timeshare you no longer want or can afford, I offer a free, initial consultation to go over the details of your particular circumstances and advise you on whether your particular timeshare is capable of being terminated.
If you’d like a free, no-obligation chat to find out more about how Athena Law can help you, please don’t hesitate to contact me directly for more information on 0161 839 8847 or at firstname.lastname@example.org