Following on from yesterday’s article regarding Silverpoint and their looming court battle in respect of Palm Beach and Hollywood Mirage, we can confirm that the Spanish Supreme court have ordered Silverpoint to return €25,000 to one of their Club Paradiso clients. This court battle has made history in the Spanish courts, and could now see a domino effect for other club owners.
This particular client has paved the way for many more to follow, she purchased her ‘membership’ in 2008, but in 2011 realised it was not the product that she thought it was and started her 6-year battle against Silverpoint/Resort Properties. The case was revoked in Las Palmas, Gran Canaria when it was first heard, however this client did not give up and took the case further to the Supreme Court in Madrid, which proved fruitful.
Judge Pedro Jose Vela heard the case and later ruled that there was a contradiction in what the client was sold, she was meant to be sold a ‘provision of services’ which is usually known as a vacation package, but indeed what she was actually sold was the integration into a community (a membership) which the Supreme Court also decided was actually a timeshare property. Once it was established what she was sold, it was then noted that the contract she had signed did not comply with the law 42/1998 and was in breach of a timeshare contract on many counts.
Silverpoint are facing very hard times ahead, and it does not look too good for any other ‘clubs’ that pose as vacation clubs, but are indeed timeshare resorts. We at the TCA are sure that this will only be one of the first in a long line of cases to be heard, and it will be interesting to see how Silverpoint manage these cases along with the other cases that they have outstanding. It certainly has been an interesting couple of years in the Timeshare world, and justice is being brought to those that have been duped into purchasing a product that they were not fully aware of at the time of purchase.
Please contact us on the contact details below if you think you are one such timeshare or club owner. We will endeavour to point you in the right direction.
Posted on: January 20, 2017
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01253 804 318 or email: info@TimeshareConsumerAssociation.org.uk