Month: December 2017

Law firm billing and accounting requirements are inherently different from other service businesses. Even among legal practices, billing requirements can vary greatly from one area of practice to another.
Because time spent on billing and accounting is administrative and not billable, a law firm’s profitability depends on capturing all billable time and expenses, generating invoices in a timely manner and managing collection efforts proactively. Another highly important aspect that sets law firm billing apart from that of other businesses is that law firm billing and trust bookkeeping come under the purview of state ethics guidelines.
Law firms today cannot function without a legal billing software that fulfills the firm’s practice-specific billing needs and helps them avoid common billing pitfalls. The top ten most prevalent mistakes law firms make, when it comes to billing and accounting are:
Pitfall #10 Not Using Matter-Based Recordkeeping
Many service businesses perform multiple types of jobs for a customer and generate one invoice that covers everything. The same billing process does not work for law firms.
Matter based recordkeeping is unique to law firms. All transaction details must be kept at a matter level rather than client level. Law firms are usually required to keep each task (called “matter”) completely separate from other matters for the same client or other clients. For law firms, matter-based recordkeeping is critical because it allows them to produce proper records with ease for client billing inquires, billing disputes or state audits.
Pitfall #9 Not Accounting for Varied Types of Legal Matters
Accounting for retainers, time and expenses, etc. will vary depending upon the nature of the matter in question. Most law firms handle a variety of cases and use an assortment of client billing arrangements , such as hourly, retainer based hourly, fixed and contingency. A firm’s billing system must be able to handle all types of billing arrangements and the intricacies of each case.
Pitfall #8 Missing Flexibility in Setting Billing Rates
Professionals (or Timekeepers) at law firms are likely to have standard hourly rates for different tasks. An attorney billing software must be able to set Timekeeper rates accordingly, support discounted rates or a previous year’s rates for old matters, without much manual intervention.
Pitfall #7 Failure to Track and Allocate Disbursements
While law firms focus on capturing all billable hours, they often neglect to properly track and allocate expenses for billable matters. Expense tracking is just as important as time tracking. If you do not allocate expenses to a matter as expenses are incurred, you might never collect them. Matter expenses you forget to allocate are lost profits.
Expenses are typically paid in variety of ways (checks, credit cards and cash), adding another layer of difficulty. A trust account disbursement, however, is not an issue because the expense will come out of client funds.
Pitfall #6 Not Preparing Customized Professional Quality Bills & Reminders
The billing process is a direct reflection of your firm and is a vital part of your client communication. While law firms are conscious of providing top quality legal services, their high standards often fall short when it comes to client communications such as invoice and payment reminders. Not only is it important to generate invoices on a fixed billing cycle, but it also equally important to prepare professional quality invoices. Cluttered and hard to understand invoices are a recipe for late payments and client questions and are aspects of legal billing that become even more important when payments are in arrears.
Pitfall # 5 Not Utilizing Built-in Software Collection Support
Many law firms let unpaid bills pile up and end up with a collection problem. Take a proactive approach to debt collection rather than grappling with the issue after the fact. An efficient law office billing software will provide built-in collection support. Don’t wait for a billing cycle, if a matter’s unbilled balance has reached a low threshold point. Remember, bill collection is an on-going and vital practice management process.
Pitfall # 4 Not Checking for Client Conflict of Interest
For most law firms, conflict checking is a must. Your firm’s roster of clients is already available in your billing system. Instead of duplicating work, make every attempt to use the same system as a conflict checker. While developing a bulletproof conflict of interest system is challenging, development in today’s computer software makes it easy to build an integrated database that quickly identifies conflicts of interest.
Pitfall #3 Not Handling Client Advances Properly
Pitfall # 3 involves a host of potential problem areas. A law firm’s cash flow and profitability depend upon client advances (or retainers). However, from an accounting/bookkeeping perspective, client advances (retainers) need special treatment and must be handled carefully. The varied nature of client advances, an initial deposit to a trust and/or operating account, and reducing balances, as fees are earned, can significantly complicate your back office operation, if your billing system is not capable of processing retainer transactions systematically.
And, apart from itemizing legal fees and expenses, a legal time & billing software must always display remaining retainer balances on your client invoices.
Pitfall # 2 Loosing Track of Trust Funds
Every law firm endeavors to keep trust books clean and accurate, but most either fail or spend significant time and resources trying to do so. Ninety percent of the trust fund tracking battle is won, if your system provides integrated billing and trust bookkeeping . The trust bookkeeping portion of the system must prevent common trust errors (e.g. ledger card overdraft), provide a bank reconciliation tool and three-way reconciliation reports.
Pitfall # 1 Choosing Complex Software and Failure to Protect Data Integrity and Security
The most common and the most dangerous of all legal billing pitfalls include trying to cope with complex software, failure to protect data integrity and implement secure measures. Technological tools are more hindrance than help, if the tools are too complex to use. Software that isn’t user friendly and requires external consultants or trainers consumes valuable time and eats profits.
Data integrity and security are a matter of taking precautions to protect data from unauthorized access and use. You can minimize threats and easily avoid Pitfall #1, if your billing system has built-in features for controlling access to data, has checks in place for error detection and a regular data back-up function.
Reap the Benefits of Legal Billing Software Development
Computers and software have changed how companies everywhere do business. Technology today allows law firms and other businesses to compete with their larger counterparts on many levels.
Choose software with care and reap the benefits of technological developments in legal billing systems. Before you purchase legal billing software, analyze program features to ensure that the software’s design can help you avoid the ten common legal billing pitfalls. The right software will not only enhance your firm’s in-house capabilities and productivity, but will also help you comply with state ethics guidelines and increase profitability.

It is crucial for boss and employee to work harmoniously together. This relationship should be mutually beneficial. Meaning, for both parties must be benefited. The company makes profit as the employee is proficient, efficient, and profitable; while the worker gets just compensation for all his efforts at work. In a great world, entrepreneurs and their workers would live in harmony. However, reality begs to disagree./p>

To be able to avoid conflicts at work, both the employee and the employer have to live by the labor law/employment law. The problem is many people just cannot adhere to the law always. This leads to work-related concerns. In times like this, the aid of a professional and seasoned employment lawyer nyc is vital.

Many things can lead to workplace issues. Some of the reasons why disputes happen at work include sexual assault, discrimination, and religious differences. Another reason why issues at work occur is that an employer vocally or sexually exploits his employee, or was not able to give him the agreed compensation. Proficient new york employment attorneys can manage the case no matter how complex it is, especially if the rights of their customer is evidently violated.

What Roles does an Employment Lawyer NYC Play?

Work-related problems that have to be settled in court are unjust workers’ compensation and being terminated from work illegally. Additionally, there are lawsuits filed in the court by workers due to acquiring physical injuries from work due to lack of safety procedures and has been sexually harassed by their employer. Retired workers whose retirement plan were not processed also file a case against their employer. Managing these problems on your own seem difficult, expensive and require a lot of time. Things are much easier if the employee is counseled and represented by employment attorneys.

The experts in this field will make their clientele aware of what their work rights are. They also allow their clientele understand what the right and possible legal actions to take are. Very skilled attorneys know whether it’s best for their client discuss a settlement. Work-related lawsuits filed on the court are represented by them.

It is vital for employment attorneys to ensure that their client wins the case. This is the reason why it is normal for them to assess employment contracts as well as other work-related reports and in order try to find even the slightest glitch against a boss. On the other hand, employment attorneys who are employed by company owners use “preventive lawyering-. This is a strategy in making firm policies that are in accordance to local and federal/state employment laws and regulations.

Employment lawyers believe that filing for a case is not always the very best solution for conflicts at work. As much as possible, these experts prevent feasible lawsuit considering that it is time consuming. Lawsuit also only makes the life of both employer and employee complicated.

Whether the new york employment attorney will work in order to defend the employer and employee, being highly skilled in both oral and written communication is significant. It’s also wise to ensure that the legal professional is specializing in employment laws, and has remained abreast with any changes in the law. Last but not the least, he must have outstanding analytical skills and is very sensitive as well. If they have all these characteristics, then the chances of winning the case is greater.

There are a lot of individuals who find Employment Attorneys Nyc as being a hard subject. Your frame of mind about working with things may become a big factor regarding the results. We are hopeful that you obtain insights with regards to the topic with the information we have provided to you. That is actually a part of our primary intention. Learn more about New York Employment Attorneys here. https://www.google.com/+YoungMaLLPNewYork is among the beneficial site that you can check out.

Whether you are aware of it or not, the law of attraction is constantly affecting your life. Unfortunately, if you dont control your feelings and your thoughts, which send messages to the Universe in the form of vibrations, this law is not likely working in your favor much of the time. You can change that, though, if you follow some basic (but powerful) law of attraction tips. By doing so, you can begin to attract the things you want in your life, such as wealth, love, or even your dream car. This article discusses two powerful law of attraction tips to help you.

Know Exactly What You Do Want

One of the most important law of attraction tips anyone can give you is this: you need to be crystal clear regarding what you want to attract into your life. Typically, when people first hear about the law of attraction, they write down everything they want. Their list usually includes things like to have lots of money, or to fall in love, etc.

The problem is, those are rather vague desires, and vague doesnt work when it comes to law of attraction tips. For example, lots of money to one person may be several hundred dollars, whereas for someone else, it may be millions of dollars. And the Universe cant tell the difference!

If your idea of lots of money is in the millions, youre probably not going to be thrilled with a hundred extra dollars every two months! So, for this first of the law of attraction tips, it is essential that you understand that being vague just wont work.

Clarity regarding your desires is a key factor in all law of attraction tips. You have to be really specific, so the Universe can know precisely what you want to attract. If its lots of money, then state exactly how much. If it is to fall in love, then describe that relationship that perfect partner in detail. You are much more likely to attract your desires when you are very clear and specific.

Picture it in Your Mind, Tapping into All Your Senses

Visualizing your desires as if they were all in your life today not tomorrow or next year is one of the most effective law of attraction tips. However, when most people visualize, they just create a mental picture. The only sense they use is sight. They see what they want, but they dont also imagine how it feels to the touch, or how it smells, or sounds, or tastes. The more you can tap into all of your senses (as well as your emotions) when you visualize, the better!

For example, lets say you really want to attract your dream home. When you picture it in your mind, dont just focus on what it would look like. Imagine what the steps feel like as you walk up them towards the door. When you open the door, imagine how your new home would smell? What sounds would you hear? Would there be music playing? Or a fire crackling in the fireplace? What would the furniture feel like when you sit on it? How would the dinner your cooked in your dream kitchen taste? These law of attraction tips work best when you engage all your senses!

The more law of attraction tips you can learn, the better. However, the two law of attraction tips discussed here are two of the most powerful. If you apply them regularly in your life, you will find yourself attracting your desires more readily than you ever thought possible!

Texas is the second largest state of USA in terms of population. It is only natural for Texas to have that many apartment lenders. If you live in Texas and you want to live at a rented apartment, you better be aware of those terms and conditions. Remember, rental laws are one of the most ancient laws and it is not easy for anybody who is not a lawyer by profession to understand everything the laws say.

Be careful

Being careful can save a lot of trouble when it comes to the rental laws section. Every state in USA is subjected to different rental laws of its own. Texas is no different. Say you agree to rent a house at some conditions offered by the landlord. Now if he / she understand that you are no expert at rental law Texas, it is only a matter of seconds to fool you if he / she are dishonest. Similar is the case when you are the landlord. Understanding the laws is essential at this process for both parts.

Pitfalls

There are many pitfalls when rental law Texas is involved. The foremost is the rental value of the property, which is defined as the fair market price for it and the one that the lessee (user) have to pay the lessor (landlord / owner) for the property of the dwelling. It is of utmost importance that the lessee and the lessor should agree upon a written contract prior to renting. Renting, by its very name implies that the property is only being lent for temporary use.

But the renters’ rights eviction does not allow a landlord to evict the tenant without any notice. In case of several non payments of rent or any other violation of contract, the Texas housing laws allow a written eviction notice of at least 3 days, unless your contract says otherwise. This was just some examples.

You can face plenty of pitfalls in terms of whether you live with a roommate and/or pet or not, in case someone else buys your landlords property, in case your landlord does something to annoy you etc.

Remedy

Where there is a problem, there is a way. If there are pitfalls, there must be way to avoid pitfalls. Yes, the way is called knowledge. The only way to avoid falling in a trap in such a situation is to educate you in current rental law Texas. You will find the answers to numerous questions and many of your problems or sufferings could face an end.

If you are interested in learning more on rental law Texas, click the link below to grant yourself access to all the information you need to know!

There are a couple of loopholes in the law of attraction that will allow you to get faster results with the law of attraction. These loopholes are natural parts of the law of attraction, but are seldom discussed or talked about. Developing an understanding of these loopholes will allow you to sky rocket your results and attract and manifest what you want faster than you could ever imagine. Here they are:

1. Ego can be your friend, or your enemy. Ego is that little part of our brain that allows us to differentiate things. It labels a table as a table, or a car as a car. It’s job is to allow us to navigate the world through association. The problem is that ego needs attention, and a lot of it.

Ego feels the need to be noticed, to be known. It’s that part of us that refuses to be wrong. It needs to be right, all the time. Even when it’s wrong. This can be a problem for us if we don’t keep ego in check. It’s good that ego is there. Without ego, we would forget that fire is hot, or that there are people who are willing to lie and manipulate. But we can’t let ego rule.

For many people, ego rules. We must learn to let ego be right, but allow ego to be right in ways that serves us. When working with the law of attraction, we must teach ego that staying focused on what we want, and knowing that we have it now is the correct answer. Ego wants to say that it’s not ours yet and it’s still in the future. Convince ego that it’s already yours, and allow ego to run rampant in this way.

2. Emotions are our friends, and our addictions. Each and every one of us is addicted to our emotions. Some of us are more addicted to negative emotions than others, but everyone is addicted to emotions. They can also be our friend, or our enemy.

We cannot even direct our eyes or hear a sound without having an emotional response to that stimuli. The problem is that many people have become addicted to emotions that do not serve them or that cause them to keep repeating the same reality over and over again. We must learn to develop emotional addictions to emotions that will move us in the direction we want to go.

The more we feel happy, joyful, excited, passionate, the more we become addicted to those emotions. Continuously feeling these emotions allows us to develop an addiction for those emotions and allows us to attract what we want into our lives faster. The problem for most people is that they are addicted to negative emotions and continue to attract negative situations and circumstances in their lives.

3. The first step is always the hardest, but the most rewarding. Everyone has had the experience of pushing something. Let’s take a car for example. We all know that a car sitting still in neutral is difficult to get moving. But once it’s moving, we just have to keep pushing.

Advancement and the law of attraction is the same. Many people will get started and barely get it moving before they give up. They never give themselves a chance to start recognizing and seeing any progress. They expect to get instant results and completely undo years upon years of programming in just a few days or weeks. This is unrealistic as an expectation.

We have to undo specific habits, specific thought patterns, specific emotional addictions in order to start making real progress. This takes a little bit of time and a lot of practice to do. There are techniques that the Wealthy Life Secrets program offers to help speed this up exponentially, however, it still takes a little bit of time and practice.

We must start though, and we must keep pushing. We wouldn’t start pushing our car if it broke down on a four lane highway and give up after five steps because it got a little bit difficult. We would keep pushing until it was some place that others are much less likely to hit it.

The same is true for the law of attraction. We must keep pushing, and pushing, and pushing until we get to where we need to be and are able to naturally create and manifest the life we want to live in the shortest amount of time possible. At a certain point, you will simply manifest those things you desire with very little to no effort, simply because you have habituated the ability to feel, think, and be as you need to in order to manifest.

The Honley Law Practice and their professional solicitors are based in the Holme Valley near Huddersfield. The Honley Law Practice is an independent law firm and manages to remain independent by not paying commission to referral agencies. This independence allows these huddersfield solicitors to offer cost effective and unbiased services in employment law, family law and property law just to name a few.

One of the many professional services thatThe Honley Law Practice provides in Huddersfield is in Family Law. Family law is a broad term that encompasses a number of issues. Honley law has a number of divorce lawyers and solicitors in Huddersfield that can guide you through family law issues. In the past our Huddersfield solicitors have represented clients from many different types of family including those who are married, living together or in a civil partnership. Honley Laws Huddersfield solicitors can provide you with sympathetic tailored advice and will aim to resolve your family issues in a timely manner trying to avoid court where possible. Aside from divorce solicitors the Honley law can also help you with pre-nuptial arrangements.

Honley Laws Huddersfield solicitors also specialise in employment law and work issues. Employment law can be extremely difficult to understand and take on by yourself as it is an area of law that changes regularly. If you are an employer itsessential to understand employment laws as compensation for things like unfair dismissal can now amass to up to 50,000. Honley laws Huddersfield solicitors can simply explain these laws to you so you and your employees are aware of their rights. The Honley Law Practise have extensive knowledge and experience in the field of employment law so can guide you through contracts, disciplinary action, employment tribunals, breaches of contract and unfair or wrongful dismissal.

The Huddersfield based solicitors are also experienced in property law. Property law can cover tenancies, property disputes and the renting or selling of commercial property. Property disputes can include arguments between neighbours or disagreements over property boundaries. Whenever possible the Honley laws solicitors will attempt to settle disagreements via negotiation in order to avoid the stress and costs of taking a dispute to court, but when this is unavoidable the Huddersfield solicitors will provide a high quality professional service.

The Honley Laws Huddersfield solicitors can also act as conveyancing solicitors. The conveyancing solicitors will be able to guide you through buying, selling or remortgaging your home. The Huddersfield solicitors can ensure you a professional service and they do this by staying in constant contact and by not having any connections with letting or referral agents, so all legal advice provided by the solicitors is completely independent and unbiased.

Planning for the future can be difficult and with the risk of paying high inheritance taxes you may wish to come to the Honley Law Practice to see how you can save more money for you family after you have gone. With the help from their Huddersfield solicitors, making a will can be simple and stress free and should be completed within a week. When settling your affairs tax planning is essential, at the moment inheritance tax is at 40% for estates worth 325,000 or more but with the help of the Honley Law Practices expert solicitors this can be avoided.

So if you live in and around Holmfirth, Honley, Huddersfield or West Yorkshire,contact the Honley Law Practices Huddersfield solicitors for practical advice.

Divorce is never a pleasant situation, no matter how well the couple is getting along. There are many things involved in a divorce, from the distribution of the couple’s property, to the arrangement of the children, if any, and it is a time that is quite stressful for many individuals. A Florida Divorce Lawyer should be sought, to ensure that you have the best representation and that your rights are fully protected in the court of law and that the rights of your child / children are fully protected, as well.

Divorce When Children are Involved.

When children are involved in a divorce case, it is important that both parents do everything they can to keep the child from being put in the middle and hurt. It is not uncommon for one parent or the other to use the child as a bargaining tool. A Boca Raton Divorce Attorney will ensure that they child is not used, and that the child’s rights are protected, as well as, their client.

The Boca Raton Divorce Attorney will do everything possible to ensure that the best possible living arrangement for the parent and child are reached. There are many factors that will be weighed to determine the best for the child.

The Boca Raton Divorce Attorney will also have the role of having child support awarded. Here to, there will be many factors taken into consideration, such as, education, daycare, clothing, housing and so on.

Finding a Boca Raton Family Law Lawyer

When you begin your search for a Boca Raton Family Law Lawyer, you will have a variety of sources. You might have a friend that suggests a Boca Raton Family Law Lawyer that they were happy with, or you might access the Internet, or open the phone book. All are great sources to find a good Boca Raton Family Law Lawyer. You do, however, want to make certain that you choose a lawyer that has years of experience in the field, as expertise in divorce law is necessary.

Starting the Process of Divorce in Florida

When you begin the process of divorce, you should start by seeking a Boca Raton Divorce Attorney. This will ensure that you have the smoothest divorce process possible. A Boca Raton Family Law Lawyer is the expert in representing clients in and out of the courtroom in a divorce procedure. From the first filing to the final award, each step in the process must be done properly, or you may not have the outcome you hope for.

The Boca Raton Family Law Lawyer will talk to you regarding your case, and the outcome you are hoping for. You will be required to present documentation that supports your case and that will be used in your case, such as, debts and assets, wills, trusts, tax returns, bank account information and employment statements.

There are many reasons to choose a Boca Raton Family Law Lawyer, and the first, is, to ensure that you have the best possible chance of being awarded the outcome you seek.

What is the New York State “No-Fault” law?

Insurance companies seem to have the attitude that everyone exaggerates or fakes pain. In thousands of negotiations with insurance companies, I’ve heard them “poo-poo” clients’ complaints of pain. Pain alone won’t carry the day, either for settlement, or in court.

Learn why by reading on.

What do we mean by “No-Fault”?

Put simply, No-Fault refers to having your accident-related medical bills paid, up to $50,000, regardless of whose fault the accident is.

Two different things happen after a car accident. First: No-Fault insurance pays your medical bills and lost wages, except in certain instances involving buses, motorcycles and heavy trucks. No-Fault also protects pedestrians and bicycle riders. Second: This should not be confused with issues of liability in an accident, which are very much about who is at fault, and the focus of the second thing that may happen: a lawsuit. Let’s learn about No-Fault insurance and how it impacts your automobile accident case.

New York’s No-Fault law was enacted on December 1, 1977 and is found at Article 51 of New York State’s Insurance Law. Before the No-Fault statute, an accident victim could sue for any kind of injury and often did. The insurance industry wanted to cut down on the small strain and sprain cases that were flooding the courthouses and, hopefully, reduce auto insurance premiums, so it proposed a trade. Smaller cases would not be allowed to recover money damages, and in exchange, the insurance companies would pay medical bills for those injured in a car accident, regardless of fault – even if the injured person caused the accident. This may sound simple, but it is anything but.

The goal of the No-Fault law is to compensate for “basic economic loss” by paying medical bills and lost wages. Under No-Fault, in order to sustain a lawsuit for pain and suffering and such, you need what the No-Fault statute calls a “serious injury.” “Serious injury” is rather an unfortunate phrase as it implies a greater level of injury than required. One lawyer-commentator has said that it would have been far better for accident victims if the statute referred to a “qualifying injury” instead of a “serious injury.” The serious injury requirement is intended to keep smaller cases out of court, and is referred to as the No-Fault “threshold.” Frequently, it is used by insurance companies to keep deserving cases out of court, and lawyers not thoroughly familiar with the ins and outs of the No-Fault threshold can lose these cases, even when they shouldn’t.

You should not be surprised if I tell you that insurance companies are cheap with No-Fault insurance benefits: even though No-Fault benefits are supposed to help the injured person, and the injured person is less able to bring a court case because of the No-Fault law.

In many cases, the insurance companies nit-pick the amount of doctors’ bills submitted under the No-Fault law or refuse to pay them for no good reason. The insurance carriers may send out an accident victim’s medical records for “peer review,” where a doctor that has never examined or even met the injured person recommends denying treatment as “unnecessary.” Insurance companies are also quick to cancel No-Fault insurance benefits, which they are permitted to do after they hire a physician to examine the accident victim, if that physician finds that continued treatment would not benefit the accident victim. Would it shock you to learn that these physicians, paid by the insurance carriers, overwhelmingly find that further treatment is unnecessary and/or that the injured person is able to return to work, thus justifying the discontinuance of No-Fault insurance benefits? Ironically, these insurance carrier-sponsored physicals are called “Independent Medical Examinations” – they are certainly not “independent.”

The way to get these positive thought processes in action permanently is to take time each day to focus quietly on your existing surroundings, the people in it (including yourself), your family, pets, place of work, as it is now. Maybe there are some situations in your life that aren’t as good as you’d like, acknowledge things as they are and then lovingly move into a space in your mind where every scenario is perfect, loving and in balance.

Focus on how you felt in both modes of thought, and then decide to stay focussed upon the feeling that made you feel better inside (even if it’s not reality yet). By doing this you will bring your most dominant thought into existence by the law of transmutation.

So in summing up this lesson, try and keep in mind that positive affirmations will create positive thoughts, and positive thoughts will create balance, peace and love in your own life and the life of others. This love will override illnesses in yourself and others, disarm hate and negativity towards you (others who don’t react positively will simply give up or leave your presence), and you’ll know that your positive demeanour and vibrant energy will be going out to the world, playing it’s part in a global peace consciousness.

Affirmation: I am a powerful component of the universal force we know as God, and I have the power to change my unwanted thoughts, feelings and emotions, from darkness and hatred into love, peace and light. By doing this, I become the love, peace and light that I project, this in turn goes out and comes back to me ten fold. I am the love that I want to create and am loved abundantly.

Any contract detailing the rights of an individual to use one or more property in Spain during a specific or specifiable period during the year is covered under this law, wherever and whenever the place and date of contracting.

Timeshare rights are those which give to the holder the right to use and enjoy an independent dwelling, with exclusive character, for a specific period of time within the year. It includes the necessary furniture for this use and any complementary services & facilities. It is regulated in Spain by a Law dated 1998.

The Spanish regulation considers timeshare as a type of seasonal rental. Crucially, the holder of timeshare rights does not acquire ownership rights, but the right to use the property for a specific period of time only. The duration of these rights is not indefinite; the developers of these type of complexes need to specify the period for the enjoyment of these rights which s always should be between 3-50 years. Outright ownership of the property remains the developers.

Because the developer retains ownership, they can always sell ownership rights with the limitations derived from the existence of the other persons use and enjoyment rights on the sold unit, which will remain for the contracted period.
Provision 1.4 of Law 42/1998 prohibited the denomination of those rights as multiownership” or any other way containing the word ownership”, owner or “property”.

For this reason, any contract signed in Spain containing the word ownership or property” (propiedad) is null and void and you have the right to a refund of any money paid, plus legal interest.

In Spain, the description that was finally chosen, as most appropriate, descriptive and loyal to Law is “derecho de aprovechamiento por turno”, which literally means right to use and enjoyment in shifts”

Publicity or promotion of these type of developments can never contain the word “propiedad”(property or ownership)

The timeshare scheme can only be formed in a building, property or set of them which are architecturally individual or separated. All independent units included in it, should be subject to the scheme. The building must have at least 10 units.
The same building can be subject at times to different tourist operations, provided that the rights of timeshare accommodations fall on concrete and specific periods and units.

The annual use/enjoyment period can never be less than 7 continuous days. In every case, within the same scheme, shifts should all have the same length. The units will also be reserved for repairs, cleaning or other common purposes for a period of time which shall not be inferior to seven days for each unit subject to the regime.

Main characteristics of timeshare rights in Spain are:
It is a limited ownership right (enjoyment): two or more different people hold rights on the same property (the owners and the holders of enjoyment rights).
It is immediate, as, in shifts, it gives to its holder a direct enjoyment of the property.
It is entered in the Land Registry, which gives to its holder a complete legal safety within the Spanish legal system. Obviously timeshare rights need to be transmitted by Notary deeds for their entry into the Land Registry.
It can be transmitted to others either in life or by death. They are part of the property trade.

Together with desisting from or cancelling the timeshare contract, possibilities that are subject to a shorter deadline, there is the possibility, initially sine die (without deadline) to apply for the nullity of the contract.

In what cases?
When timeshare rights are transmitted disregarding the imperative Law which regulates them.
When the transmission of timeshare rights are made before the scheme is actually constituted
When there is a lack of veracity of information provided to the buyer.

The action for the refund of amounts linked to the nullity has a 15 years deadline.

There are numerous precedents in Spanish Courts for the nullity and refund of money if you were sold under the term “propiedad” (property).
The important issue of adaptation

From January 1999 any preexisting timeshare regime needs to adapt to this Law. If this has not happened, any holder of timeshare rights will be able to request a Judge to compel the developer to do so.
Adaptation will always require a Notary deed and proper registration in the Land Registry.

Adaptation will respect the nature of rights which were transmitted by virtue of the old private contract. If ownership was transmitted, this is how it will have to be registered after approval of a simple majority of Community of owners.
All old contracts will have a time limit of 50 years unless parties have agreed otherwise or parties mutually or freely agree in the adaptation deed on a different definitive or non-definitive period.

If the owner of the development does not comply with the obligation of adapting the regime to this new regulation, the holder of timeshare rights will have rights to cancel the contract with effective devolution of amounts and compensation of damages.