Sample Petition For Cancellation Of Timeshare Contract
What is Timeshare? Timeshare contracts are contracts that are established for more than one year and provide the consumer with one or more overnight accommodation for more than one period during this period.
With Article 57 of the Condominium Law No. 634;
“In favor of each of the co-owners of a structure or independent section suitable for use as a residence, the right to benefit from this structure or independent section in certain periods of the year can be established as an easement right attached to the common property share. This right is called timeshare right.”
is defined with the regulation in the form of “timeshare right”. As can be understood from the aforementioned regulation, the timeshare right is an easement right that grants the right holder the right to use, benefit and dispose of an independent residence for certain periods (for at least 15 days). In such a way that the person can use the timeshare right personally or have it used by someone else, or it can be transferred completely.
… TO THE CONSUMER COURT JUDGE
THE PLAINTIFF :
ADDRESS :
PROVOCATE :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : It includes our request for the cancellation of the timeshare contract dated …/…/… dated …/…/… made between the parties and the collection of the prepaid ……… TL from the defendant.
EXPLANATIONS :
1-) Between our client and the defendant on …/…/…/… date, ……. TL timeshare sales contract has been issued. (Annex – 1)
2-) Although …. months have passed since the sales contract between the parties, the title deed of the property has not yet been transferred to our client. However, according to the contract, the delivery date is …./…/… and our client cannot benefit from the timeshare because the title deed has not been transferred to him.
3-) Due to the breach of the contract by the defendant party, our client, with the notice dated …/…/… dated …/…/…, claimed that he used his right to withdraw from the contract and demanded the cancellation of the contract and the return of ….. TL paid in advance, but the defendant did not respond to the notice sent by the defendant and did not make any payment. (Annex – 2)
4-) Due to the defendant’s violation of the timeshare contract, the contract was canceled and the prepaid ….. TL paid in advance by canceling the contract due to the defendant’s breach of the timeshare agreement.
LEGAL GROUNDS : Art. 57, 58, 59, 60, 61, 61, 62, 63, 64, 65 of the 634 S. Law.
LEGAL EVIDENCES : 1-) Timeshare sales contract dated …./…/…
2-) …/…/…/… dated notice
3-) Expert Examination.
CONCLUSION AND REQUEST : For the reasons explained above, due to the violation of the timeshare contract by the defendant party, the contract should be canceled and the prepaid ….. TL to be collected from the defendants together with the legal interest to be accrued from the date of the lawsuit, and the judicial expenses and attorney’s fee to be charged to the other party, we respectfully request on behalf of our client. …/ …/ …
Counsel for the Plaintiff
Atty.
ANNEXES
1-) Timeshare sales contract dated …./…/…
2-) …/…/…/… dated notice
3-) Expert Examination.
4-) One approved power of attorney sample.
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