Q&As

What are the legal principles behind time share misselling?

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Published on: 15 June 2016
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Background

The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (the Regulations) SI 2010/2960 apply to the sale and marketing of 'timeshare contracts'—a contract of a duration of more than one year under which a consumer, for consideration, acquires the right to use one or more overnight accommodation for more than one period of occupation (including boats and caravans).

The Regulations only apply to contracts between a 'trader' and 'consumer'. A 'trader' is defined as a person acting for the purposes relating to that person's trade, business, craft or profession or anyone acting in the name or on behalf of such a person. This includes contracting parties or agents for contracting parties.

Traders are under an obligation to comply with the Regulations and failure to do so would constitute a criminal offence (see below)

Misselling Offences

Pre-contractual key information

SI 2010/2960, Regs 12–14 set out the key information which must be provided before a trader enters into a contract with a consumer. These include requirements relating to format in which the key

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Jurisdiction(s):
United Kingdom
Key definition:
Share definition
What does Share mean?

A stake in a company which confers ownership rights on the holder. shares are also known as equities.

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