Anyone in dispute with another should obtain timeshare legal advice, as the dispute involving timeshare is based upon a contract and contractual obligations. Those entering into that contract have pre contractual obligations and those obligations are applicable to each party and the individuals servants and agents who represent the parties. The effect of what was said, what was promised and by whom is sometimes critical as to the state of mindset of a party and what their expectations were before entering the contract.
Most disgruntled timeshare consumers wholeheartedly believe they have been duped into the contract – misled by subject matters, sales puffs and/or harassment. Others believe if they were given time to consider all the facts and liabilities/benefits they would not have signed the contract. Each consumer has his or her own story. That being the case and as every attempt in respect to an exit involves careful consideration, it is vital that good, sound, honest timeshare advice is taken on board and before a consumer launches into an action. Far too many times we find consumers who have been unjustly treated commence a legal dispute only to find at trial they have been barking up the wrong tree.
Don’t let it happen to you!
We are not promoting The Timeshare Consumer Association’s advice or any particular solicitor or person. The dispute is your dispute and yours at all times. You have to be satisfied with the advisor as it will be that advice that you ultimately hang your hat on. We would ask that you question the advice, vent it and test it.
A lot of the time the timeshare legal advice given will involve areas which you don’t think are right, parts you may not believe are relevant to your issue or that the advice is against your position in the dispute, so test that advice, understand it and if you are still not satisfied then seek out another advice to ensure what is being told to you, is correct.
Sometimes the best timeshare advice is that which explain the dispute from both sides of the fence. This might initially confuse you but it will ground you to the argument you will face whilst protracting your dispute.
To know the opposite arguments before you embark on an action will afford time to ensure that the evidence you need (to sustain your position) will be focused.
All timeshare legal advice should contain the following:
- Advice as to your claims
- Advice as to what counterclaims you will face
- The likely costs involved to take your matter to trial etc.
- The likely costs that you might face in the event you are unsuccessful
- The likelihood of you winning
- The risk
- Other options venues and courts
- Part 36 pre-action offer, mediation arbitration etc.
Good timeshare advice is benign, unemotional, conservative, structured, relevant and proportional. It is not for the advisor to become embroiled in chaff. He ought not to consider the emotion and emotive hurt you have or are suffering that is for a counsellor.
The job and main focus is to inform you so don’t be alarmed when you receive it and read it.
In the event you have received any advice from anyone and you are unsure as to the particular parts of that advice, its accuracy, effectiveness, its balance etc, then give us a call and we will help you through it. We can even contact your advisor on your behalf and encourage them to explain matters to you or to us, so that we can discuss the issues raised with you. Our sole objective with advisors is to ensure the consumer is informed so that they are able to make the right decision.
Last modified: August 24, 2015