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Misrepresentation in timeshare

What is Misrepresentation?

A concept of English law, a misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party into the contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission).

If you feel like the below applies to you… Give us a call! We might be able to help
CLAIMS:
What you were told at the point of sale.
REALITY:
The truth

This is NOT timeshare.

ANY arrangement where you share the use of accommodation in an apartment, villa, boat or through a club on a regular annual (or bi-annual) basis is defined as a timeshare.

The ownership will enable you to exchange anywhere in the world, at any time of the year.

Almost always not true, especially if you are buying into a floating week or points system.

The loan repayments will be around £x a month.

When the loan details arrive, some weeks later, they could be double the guestimate given.

RCI ‘bonus weeks’ (often called “extra weeks“) are available to use on an unlimited basis, to both owners and their friends.

Bonus weeks are normally only given to non-owners to entice them to stay in a timeshare resort. They are certainly not available on an unlimited basis.

The resort is “Gold Crown” – the highest quality rating in the RCI exchange system. Being “Gold Crown” is essential if you want a good choice of good quality accommodation when you come to exchange.

Check with RCI  – as many salespeople claim Gold Crown when this is not true.

A sleeps 4 accommodation unit could easily be exchanged for a sleep six when you need it.

Very hard to achieve unless you take a sub-standard apartment and downgrade.

All the accommodation is “Five Star”.

Almost certainly not true. Many timeshare resorts only just scrape “Three Star” standard and aren’t even usually scored in this way.

You are joining an ‘exclusive’ club.

Many resorts now allow package holidaymaker’s, renters and give huge amounts of inventory to websites like Booking.com due to volume of terminated ownerships they now have free.

If you don’t use or exchange, you can make a profit by renting out the week.

Perhaps, if it is a peak season week and in demand, but this is a very small percentage.

A “White” or “Blue” week can easily be exchanged for a “Red” week.

Most unlikely and certainly not guaranteed.

The purchase is a good investment or “won’t lose value” creating the impression that you will, at the very least, get all your money back when you come to sell.

Timeshares and holiday club memberships collapse in price the instant they are bought or were never worth the sale price to begin with. Many existing owners are finding it impossible to make a sale at any price or cannot even give the ownership away, making it worthless.

You have paid for a lifetime membership of the exchange company.

This is never true as the exchange companies work on an annual or bi-annual membership renewal, the renewal is due every year thereafter, as well as a fee each time you make an exchange.

The annual management fee is limited by control of the owners or is limited to the level of inflation.

Almost always not true, many resorts have increased annual fees by three times the rate of inflation in recent years.

The offer is only available if you sign today.

They say this to everyone, every day, to avoid you finding out that you can get exactly the same ‘benefits’ for a fraction of their price.

The annual fee, or maintenance fee, is only payable if you use the accommodation.

Annual fees are payable EVERY year (or every second year if the ownership is bi-annual) irrespective of whether the accommodation is used or not.

You can cancel at any time in the future – just drop us a line“.

Certainly not. Once past the cooling off period (if you were given one) they will not accept a cancellation

They claim to be part of a much larger, well respected, organisation or have been trading for a great many years.

Very unlikely to be true as most marketing companies are fly-by-nights – check with Companies House if they are a UK company.

The annual management fee is £xxx

Later you find out that this figure is exclusive of VAT or in a different currency . There may also be a “utilities” charge when you use the accommodation. Do you ever see a breakdown of what the monies are spent on or even know which building the monies are for?

The changeover day is Thursday which fits with flights from your local airport.

Only when you attempt to book do you find the changeover day is a Saturday involving you in substantial additional costs.

You are getting a “special” price.

Yes, “special” as in “high”. Anything over £2,000 a week is expensive.

They claim you are not entitled to a cooling off period.

The purchase of timeshare or holiday club membership is covered by the Timeshare Directive 2008/122/EC which requires that a purchaser is given not less than 14 day cooling off period.

We are approved by the Office of Fair Trading, Chamber of Commerce, Trading Standard, etc.

No timeshare trader has any form of approval by a recognised authority.

We are ABTA or ATOL bonded.”

Check with ABTA or ATOL – very few timeshare traders are members

The trade-in value for your existing ownership is £x.

It is very common to give an inflated high trade-in value to create the impression that the product you previously owned has retained or increased in value, to make you believe what you are purchasing now will also be valuable. Very often your existing ownership is worthless.

There is no need to read the (voluminous) paperwork.

You may be denied the opportunity to read the full conditions attached to the Purchase Agreement, such as the ‘Rules of Occupation’. There may be clauses in the Rules which are contrary to what you have been told.

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