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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7254
Experience:  28 years as a practising solicitor.
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My wife and I have a timeshare week with Hilton Grand Vacations

Resolved Question:

My wife and I have a timeshare week with Hilton Grand Vacations in Aviemore. We have owned this for a number of years.
For a number of reasons, age, health, etc., we are no longer able to make use of the timeshare. As far as I am aware, the resort does not have a 'take back' policy (I have asked). Selling would seem to be unlikely as it is very difficult to sell timeshares at the moment.

So my first question is, if I simply stopped paying the annual maintenance charge, what are the likely repercussions under Scottish Law?

Secondly, if I am unable to dispose of the timeshare, is there anything that I can do to prevent this 'perpetual' liability being passed on to any of the beneficaries of my will?

I am presently resident in England.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.What does your contract say? Is the contract written under Scots law? Most are written under English law even if the property is in Scotland. Can you check and report back to me please?
Customer: replied 1 year ago.

The club that actually owns the timeshare lodges does have the power to cancel or suspend membership for a number of reasons, including non-payment of monies due. The Club can impose a surcharge upon defaulters and sell the week(s) concerned. However, it is not clear how the process would actually work or whether there could be recourse to law or debt recovery. Obviously, the ideal solution would be an amicable cessation of membership with all charges paid up to that point.


 


The contract is written under Scottish Law.


In addition, I understand that the hotel upon which the lodges are reliant for many facilities is up for sale, although the timeshare club itself is not, as it is a separate entity.

Expert:  JGM replied 1 year ago.
From your description of the contract, it appears that you are liable to pay for the timeshare costs until the unit is disposed of. They can cancel or suspend membership and presumably take back the unit but charge you until they have resold it.

I'm afraid there is no easy answer for you. You will continue to be liable until a new purchaser is found, in the same way that one is responsible for the running costs of a house until it is sold.

I am sorry that I am having to answer your question in this way but you are bound by the contract you have with this company.
Customer: replied 1 year ago.

Thanks for your reply, you are confirming what I feared.


 


One last point concerning the second part of my question: is there a legal way to ensure that this liability does not get passed on to members of my family who may be beneficiaries of my will?

Expert:  JGM replied 1 year ago.
Your liabilities transfer to your estate on death so your executors would be charged with disposing of the timeshare and meeting the costs in the interim.

In my experience, however, if the executors simply advise of the death and say that they are relinquishing the timeshare, this is generally accepted. I have never seen an estate being sued by a timeshare company.
Customer: replied 1 year ago.

Thank you. Not neccessarily what I could have wished for, I was hoping for a get-out clause in an E.U. directive or something similar.


 


However, your advice is clear and seems sound to me, you have provided the best information on this matter that I have received so far.

Expert:  JGM replied 1 year ago.
Thank you. There are EU directives in relation to timeshare but these relate to pre contract information, pre contract cooling off periods, bans on up front payments to resale companies and related matters. i reviewed the European law on this for you earlier and there was nothing that would assist your situation.

Please leave positive feedback on the system so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7254
Experience: 28 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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