The mis-selling if Timeshare schemes was absolutely rife for many years - but everything changed in 2015 when the first very public claim Timeshare mis-selling claim (Grimsbo vs Anfi SL) was successfully concluded in the Spanish Courts, with Mrs Tove Grimsbo being awarded approximately €40,000.

This set important legal precedents and an ever-increasing flood of Timeshare mis-selling claims have followed, such that it has become a well-trodden path - and the means by which Spanish Courts calculate compensation awards is now firmly established.

Example: How Spanish Courts Calculate Compensation in Timeshare Mis-Selling Cases
 

When a Spanish timeshare contract is found to be mis-sold, the Courts routinely declare the agreement null and void from the start. This means the consumer is legally treated as if they had never owned the timeshare, and the resort must return everything the customer paid.
 

Below is a simple example showing how compensation is normally calculated when both the purchase price and maintenance fees are included in the claim.
 

Case Example
 

• Year of purchase: 2010
   

• Purchase price: £20,000
   

• Paid within the first 3 months: £3,500

  • £1,500 on the day of sale

  • £2,000 within 3 months
     

• Average Annual maintenance fees over term: £800
   

• Maintenance fees paid: 2010–2024 (15 years)
   

• Total maintenance fees: £12,000
   

1. Contract Declared Null & Void
 

Once the contract is cancelled by the court:
 

• The consumer is released from all future obligations.

• The resort must return all amounts the customer has paid.
   

2. Refund of the Purchase Price
 

The courts order a full refund of the timeshare price:
£20,000 returned
 

3. Double Refund of Early Payments
 

Under Spanish law, any payment taken during the statutory cooling-off period must be refunded at double.

• Total paid early: £3,500

• Extra amount awarded: £3,500
   

This means the consumer receives:

£20,000 + £3,500 = £23,500

4. Refund of All Maintenance Fees
 

Because the contract is void from the beginning, maintenance fees should never have been charged.

• 15 years × £800 per year = £12,000 returned (Please note, these fees would no doubt have been much lower than £800 initially, and will have risen year-on-year to higher than this figure over time. To avoid over-complicating the calculation for the purpose of this example, we have assumed an average annual fee of £800)
   

Adding this to the previous figure:

£23,500 + £12,000 = £35,500 total principal compensation
 

5. Legal Interest
 

Spanish courts also commonly award statutory legal interest on every payment from the date it was made until the date of judgment. Over 10–15 years, this can add a significant extra amount to the claim.
 

For illustration only, if interest averaged around 4% per year over 15 years, this could add approximately:

£20,000+ interest (actual amounts are calculated precisely in euros using official annual rates)
 

6. Legal Costs
 

Where the client’s claim is fully upheld, the court often orders the resort to pay the legal costs.
This means the consumer keeps the full award.
 

Illustrative Total Compensation
 

Based on the example above:
 

Principal compensation: £35,500

(Refund of purchase price + double early payment penalty + refunded maintenance fees)
 

Plus legal interest

(This could substantially increase the final amount)
 

What This Means for Consumers
 

This example shows why many timeshare mis-selling claims result in far higher compensation than the customer expects. Maintenance fees, interest, and statutory penalties all play a major part in the final award.
 

If you bought a timeshare in Spain after 1999, especially one involving floating weeks, perpetuity terms, or payments taken during cooling-off, you may have grounds for a similar claim. Please complete the short enquiry form below to find out your options and a more exact idea of what you claim would likely be worth: