In this case Court nº 4 has ruled in favor of my client only 6 days after the Pre-trial took place. No Trial was needed so the Judge issued the decision based on the initial papers submitted by both parties. The client is entitled to the return of £17,075.13 for his contract nullity.
Read MoreFAIRWAYS CLUB contracts' also declared null and void!
This judgment was issued by Court No. 3 of Granadilla de Abona and it declares the nullity of the contracts signed by my clients with the developers and management companies of the "Fairways Club" …
Read MoreANFI defeated in Court nº 3. Purchase price and advances to be returned
This is a Court of First Instance judgement. It was issued last year, in June. Now is on appeal by Anfi. This second stage may take another year and a half or even two, depending very much in which Court of Appeals and Room deals with the case.
Read MoreInteresting article on Supreme Court ruling No. 74/2015 of 15 January on perpetual clauses against Anfi's contracts.
I have recently come across this article, written by professor Joaquín J. Forner that published in the International Company and Commercial Law Review, 2015 [Sent September 2015]. For its undoubted interest I reproduce it below:
"Nullity of Contracts. Timesharing. Inter Temporal Law. Norwegian Claimant. Spanish Supreme Court, Civil Division. Judgement of 15 January 2015 (74/2014) (XV. ANFI SALES, SL) by Joaquin-J Forner.
Read MoreSilverpoint. Second Supreme Court ruling, nº 19/2017
STS no. 19 of 17-01-2017. Appeal no. 3064-2014, on Perpetuity, Trade Ins, Trans amount and maintenance quotas.
Sentence nº 19/2017 has been Supreme Court's second sentence and has very little to do with the previous one, number 16/17, since it doesn't deal with Club Paradiso or address to the issue of whether buyers are investors or consumers. This ruling examines a Hollywood Mirage Club contract and the main issues are: perpetuity, amounts brought from other contracts (Trade In), amounts brought from previous contracts (Trans amounts) and maintenance fees.
Read MoreSilverpoint and the recent Supreme Court rulings, nº 16/2017
STS no. 16 of 16-01-2017. Appeal no. 2718-2014, on Club Paradiso and investment schemes.
The first judgment of the Supreme Court has proved to be a real surprise for many, although expected by others (among which I include myself). There have been many proceedings before the Courts of First Instance and the Provincial Court of Santa Cruz de Tenerife (now onwards, Court of Appeal or just CoA) against the group of companies headed by
Read MoreTwo judgments of the Supreme Court cancel Puerto Calma & Palm Oasis timeshare sales "in perpetuity".
Find a software translation version of this news:
"The Civil Chamber of the Supreme Court (TS) has issued two judgments in which overrides several Sealed tourism contracts in the south of Gran Canaria and framed in the timesharing - exploitation turns of real estate - for not respecting the maximum term of 50 years prescribed by law and sell in perpetuity.
Read MoreDoes the timeshare industry love ignorant consumers?
I have recently come across an article posted by Christophe Elliot with this very suggestive title, Does the timeshare industry love ignorant consumers? that for its doubtless interest I reproduce below:
"Businesses like to say their best customers are educated ones. But that doesn’t necessarily apply to the timeshare industry.
Read More