Knowing whether you are currently in a timeshare agreement that may be unlawful isn’t always easy to distinguish. Knowing how to identify any breaches of timeshare law and then making a claim for compensation can be extremely difficult. Not only are timeshare contracts notoriously complex and difficult to understand when you have little knowledge of the law, timeshare companies are renowned for making it as complicated and as hard as possible for you to prove any wrong doing on their part.
Here at Timeshare Advice, we want to give you a few tips from the timeshare experts that will hopefully help you along the way.
The first, and possibly one of the most important tips from the experts is, not to try pursuing compensation by yourself. As we have previously mentioned, timeshare contracts can be a minefield, even if you have little knowledge in that area. There may be clauses that you miss that could help with your case. Please be aware that timeshare companies are very unlikely to point out their unlawful practices voluntarily. If anything, you will find timeshare companies putting obstacles in your way.
Going it alone can also be costly and time consuming, as well as a stressful process that most people could do without.
Another extremely useful tip is, not rush into anything. If you are searching for a company to help you claim compensation, do your research on them first.
Ensure that the company you have chosen thoroughly know their timeshare law. Any agreements you have signed will take time to look into. We recommend that they check, check and then check again when it comes to looking for evidence of wrongdoing by the timeshare company. Even when using a timeshare exit expert, it is best to do your own homework so that you feel confident you understand each step of the process. A reputable timeshare expert will only continue through all the stages if they know that you are on board.
Timeshare exit experts have extensive knowledge in all aspects of the laws surrounding timeshare but it doesn’t hurt for you to have some understanding of the more common clauses that make most of the timeshare contracts unlawful.
Look out for the following common points to an illegal contract:
If you signed a timeshare agreement after 1998 and it lasts for over 50 years, that means the contract is ‘in perpetuity’. This clause has been deemed illegal by the Supreme Court and the contract will now be deemed as null and void.
It is also unlawful for timeshare companies to take money off you at the time of purchase and during the cooling off period. The cooling off periods are generally 14 days, but some may be longer if agreed. If this has happened to you it could mean that your contract can be null and void.
Another unlawful clause to look out for is the mention of floating weeks or flex time, meaning that the week/s you own at the timeshare property are now not the same every year. You have to now pre book your own week and your own unit.
Not only should timeshare companies be making sure that all their agreements are in compliance to the law, they should also be making sure that they are complying to a scale of fairness when pursuing any sales. This means the language and terms within their contracts and agreements should be written fully and clearly. Anything that may be deemed a disadvantage to the purchaser must be understood and prominent in the contract.
Timeshare companies can not purposely include language with the purpose of confusing the consumer, if they have, this could be classed as unlawful and result in grounds for a compensation claim.
The final thing we want you to be aware of is, once you have filed a suit against your timeshare company, they may possibly counterclaim.
The timeshare company may claim that you are refusing to stand by the terms you agreed to when you signed the contract, and by this you are the one breaking the law. By using experienced ‘lawyers’, timeshare companies will try to derail you at every turn in the hopes you will back down and drop the case against them.
There are, on occasion, times when a counterclaim can be genuine but there are other times when a counterclaim is submitted and the timeshare companies and their lawyers already know it won’t stick.
If any of the above rings true with you or you have further questions about claiming compensation, call Timeshare Advice on 0800 012 4683 or take a look at the website www.timeshare-advice.co.uk.
See our recent post regarding seeking help with your timeshare.