Timeshare and The Sale of Goods Act
The Sale of Goods Act 1979 has now been replaced by the Consumer Rights Act 2015 but must be referred to if the timeshare product you acquired was bought on or before 30 September 2015.
The Sale of Goods Act 1979 requires goods to be:
“of satisfactory quality” and
“fit for purpose”.
The term “Fit for purpose” generally means fit for everyday purpose, and also any represented specific purpose you agreed with the seller. For example: - if you asked and had confirmed that the timeshare product was compatible with your stated “holiday periods”.
The timeshare product sold to you must also match any sample property you were shown and any description in a brochure given.
Who is responsible?
If you bought a product on or before 30 September 2015, and those products fail to meet any the represented expectations or a expressly represented criteria, you may have a claim under the Sale of Goods Act and for damages.
If a timeshare consumers want to make a claim under the Act you could have several possible ways of resolving the issue, depending on the circumstances and on what you want done to solve the problem.
Your rights are against the seller (the company that sold you the product), not the manufacturer, so you must make any claim against the seller not the club you became a member of.
Faulty goods replaced or repaired
You have the right to get misrepresent or non-compatible products replace re drafted or re-engineered if you can establish the product represented or delivered does not match what was sold.
If the seller does not deliver a satisfactory remedy you might consider claiming a reduction on the purchase price, your money back, less an amount for the usage or damages for mis selling.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.