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After surfing the web searching for Timeshare information I have come accross some interesting information published by the Timeshare Comsumers Association and the Organisation for Timeshare in Europe. These organisations provide any interested person in purchasing, and selling, Timeshare in Europe, with tips on how to approach a timeshare transaction, and make special reference to the risks of being defrauded in the course of the said purchase-sale.

I have read with some shock the comments made on the timeshare resellers in Spain: "It is safe to assume that almost every reseller based in Spain (including the Canaries and Balearics) is a crook" (http://www.timeshare.org.uk/tca_rescams.html). These comments, without being addressed to any particular reseller, could constitute grounds for proceeding for slander, as they certainly slanderous remarks and englobe the activity of a number of people who may be willing to make an honest living on the timeshare business.

The reading of it has coincided with the a tide of enquiries received by marbella-lawyers.com regarding a company who is reselling timeshare in Spain. The company appears to be operating as many others do: they call the timeshare owner and offer to sell the timeshare. They know exactly the resort, apartment and week number. Then they tell the seller-owner that they already have a buyer which is due to pay the full purchase price at any time. However, the seller is told that in order to cover for fees and costs, they request 700GBP (185.000 ptas.)to be transferred to them: It all seems fine, as the 185.000 Ptas. could be the introducer´s fee charged upfront, a pure business decision which you decide to accept or not. However, the seller is given assurances that the company´s solicitors will hold in escrow in their account these monies, and that the monies are not their fee for introducing the client, but to cover for costs of transaction.

Further assurances state that the 185.000 ptas. are to be refunded doubled if the buyer does not complete within six months, although the deal is close to be completed and the promised 6.500 GBP on their way to the sellers account.

Our firm intended to represent a seller in the transaction and we offered the company reselling timeshare that our account would be used as escrow: the deal never went ahead and no buyer was ever presented to my client. They were not interested in an independent advisor representing the seller, quite simply.

However, I decided to dig further, and after conducting some investigation I noted the following:

1. The Company, named Property Transfers S.L., is properly registered in Spain, in the Málaga Mercantile Registry (Company´s house). The information has been obtained from the Mercantile Registry on the 07-08-2001.
   
   
2. The sole administrator is Davies Matthew Wyn, and Mr. Wyn is the sole shareholder. The company started to operate on the 15-03-2001.
   
   
3. The registered address, according to the M.Registry, is 33A Calahonda Park, Calahonda 29649, Mijas Costa. However, the company claims in the draft contract that the registered address is Alta del Apartado Número 946AP, Marbella 29600. (Funny address to anyone familiarised with the Spanish Postal service).
   
   
4. The company operates however not from Calahonda nor Marbella, but from some city in the UK, or at least the fax numbers on the only fax I received from the company points to that direction. (07092021478 and 07092021557, mobiles numbers both).
   
   
5. The company´s lawyers, Chesterton and García, don?t seem to be operating. Or rather, if they do, they must operate with difficulties from a mobile number (the number given to the sellers of timeshare) and from an inexistent address: Avda. Del Mar 23-24, Marbella. For anyone´s interest, Avda. Del Mar is a beatiful avenue with north-south direction in the centre of Marbella, with the Paseo Marítimo ( beach promenade) ending it. The only problem is that Avda. Del Mar 23-24 does not exist, it runs up to 20 numbers, after which you can find a nice Chinese restaurant and a Travel Agency!!
   I have been trying to phone my colleage Chesterton and/or García without success. Furthermore, I cannot locate him in the Málaga Lawyers Directory.
   
   
6. On a fax sent to me by Mr. Richard White, General Manager, I am told that ´according to the time share consul legislation, the vendor of this transaction Mrs. ***, is charged a commission fee held to the selling of her resort facility in ***, which amount to an average fluctuating interest rate of 10%. They then go on telling me that ´all necessary clearence leans on the property will be satisfied and secured by housing regulations.´ I confirm that I am not able to make any sense out of the statement.
   

All the information provided in this letter can be proved by documentary evidence: I trust timeshare sellers can use the above information to make the decision whether to use the services of Property Transfers S.L. or await a safer opportunity to sell.

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