Article 8 of the Saudi Timesharing in Tourist Real Estate Units Law
المادة 8 من نظام المشاركة بالوقت فى الوحدات العقارية السياحية
The article makes void any waiver by the buyer to the seller of his rights guaranteed by the Timesharing Law, and any release of the seller from his obligations under it.
Official text (Arabic)
This article has not been amended since the law was issued.
يعد باطلًا تنازل المشتري للبائع عن أي من الحقوق المكفولة له بموجب هذا النظام، أو إعفاؤه البائع من أي من التزاماته الناشئة عن هذا النظام.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 8 explained in plain English
This article makes the buyer's protection in the Law mandatory, so that agreement to the contrary is not permitted. It declares two things void:
- The buyer's waiver to the seller of any of the rights guaranteed to him under the Law.
- The buyer's release of the seller from any of his obligations arising from the Law.
In practice this means the seller cannot put in the contract a condition that removes the buyer's rights set by the Law, nor obtain from the buyer a declaration releasing him from his obligations. Such a waiver or release is considered void, even if the buyer signed it.
Among the rights this provision protects is what Article 7 states, that the buyer's withdrawal from the contract or cancellation of it under paragraph (1) of Article 5 counts as cancellation of the credit agreement that covered the value of the contract in whole or in part, with no obligation or liability on him. If the contract included a condition in which the buyer waived this effect, the waiver would be void.
The article concerns waiver to the seller and release of the seller from his obligations under the Law, and does not address anything else. Anyone who finds a condition of this kind in their contract may consult a lawyer specialized in real estate matters to assess its effect.
Practical example
A timesharing contract signed by Saad in Taif included a clause saying he waives his right to withdraw from the contract. This waiver is void under the article, because it is a waiver by the buyer to the seller of a right guaranteed to him under the Law.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 8 of the Saudi Timesharing in Tourist Real Estate Units Law
If I sign a waiver of my rights in a timesharing contract, is it valid?
No. The buyer's waiver to the seller of any of the rights guaranteed to him under the Law is considered void.
May the seller be released from his obligations in the contract?
No. The buyer's release of the seller from any of his obligations arising from this Law is considered void.
More articles on Buyer's Withdrawal from a Time-Share Contract
- Article 6
The article bars requiring any advance payment from a timesharing buyer before the end of the period in which he may withdraw from or cancel the contract.
لا يجوز اشتراط أي دفعة مقدمة على المشتري قبل نهاية الفترة التي يجوز له أثناءها الانسحاب من العقد أو إلغاؤه وفقًا لما هو منصوص عليه في الفقرة (1) من المادة (الخا
- Article 7
The article provides that a buyer's withdrawal from or cancellation of a timesharing contract under Article 5 counts as cancellation of the credit agreement that financed the contract's value, with no obligation on him.
إذا غطيت قيمة عقد المشاركة بالوقت كليًّا أو جزئيًّا بأجل يمنحه البائع للمشتري، أو يمنحه للمشتري طرف ثالث– وفق اتفاقية آجلة بين الطرف الثالث والبائع– وانسحب المش
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.