Does Spanish law safeguard the interests of owners who buy timeshare through the Escritura system?

Spanish Law and Timeshare

Yes. At the end of 1998 the Spanish legal system recognised the European Timeshare Directive through the introduction of their own law (number 42):

  • In article 10 of the law it indicates that the purchaser is entitled to a 10 day cooling off period during which time he/she can pull out of the sale without penalty.
  • In Article 11 it indicates that "the payment of any type of advance by the purchaser to the vendor before the expiry of the withdrawal period is prohibited".
  • This does not stop the vendor and the purchaser from setting up the necessary finance documents during this period.
  • The typical additional charge for a timeshare sold through the escritura system is 7% for timeshare sold through a professional marketing company and 4% for timeshare sold privately. These charges cover taxes as stipulated by the Spanish legal system.

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