What is a Timeshare?
Contrary to popular belief, a timeshare is ‘a contract’ which contains benefits and obligations. The benefits and obligations are particularised and subject to terms and conditions of the contract which both parties agree to.
If a problem exists, it’s the contract and the terms contained within it which are consulted. When consulted, the advisor is required to consider the contract and all the statutory and applied terms which a consumer is entitled to rely upon. It’s all these statutory/applied terms and the contract terms themselves which need to be considered and applied to the individual circumstances and in order to resolve the dispute. Whether the complaint being made, is fair and reasonable will be tested and adjudicated on, having regard for the circumstance the parties find themselves in.
Accordingly, you need to be advised by an informed lawyer - not a salesman, as it is only with the application of the law set against the contractual terms that your problem can be fully and legally appreciated. Without this application you will certainly be at risk of peril.
When you get to court or face your opponent, both you and they will have presented a position which each have adopted. It will be for the court to decided which position it prefers and if you are badly advised and have not considered your opponent’s position you are operating blind. Accordingly, like playing chess you must attack and defend at the same time.
You might not like the advice that the real lawyer gives, however that does not mean it’s wrong – if you cannot convince your lawyer, how will you convince a judge?