# Lied to by Wyndham Sales personnel



## Deceived (Oct 8, 2015)

I am trying to determine if there are any class action lawsuits out there that we can join.  We were specifically lied to by Wyndham. Our sales person sold us a plan that he said would provide us with a 7-10 day vacation in Florida during school summer vacation for myself, my husband and our 3 children.  Sounded good to us, as we were already purchasing this every year for about $2000.  The plan he sold us was for 105,000 points for $16,000, and $62/month in maintenance fees.  Sounded fair to us, and we signed the paperwork and went home happy.  Didn't have a chance to look at the book that they gave us (after the contract was signed) until two weeks later.  We were shocked when we realized 105,000 points would only buy a 3 day vacation in Florida during the summer months.  Totally inadequate for our needs.

This was not a misunderstanding, this was a bald faced lie.  I have some -handwritten notes from the sales rep, listing  7-10 days, but other than that, the contract only specifies the 105,000 points - not what it will buy.

Are verbal promises not binding?  I could not believe a corporation the size of Wyndham would actually lie to prospective buyers.  If there is a lawsuit we can join, we are in.

Also, we paid off the $16K with an outside loan, and are current on the maintenance fees - but we have not used any points yet in hopes of getting out of this mess.  If anyone can help me - please contact me.


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## Ty1on (Oct 8, 2015)

Deceived said:


> I am trying to determine if there are any class action lawsuits out there that we can join.  We were specifically lied to by Wyndham. Our sales person sold us a plan that he said would provide us with a 7-10 day vacation in Florida during school summer vacation for myself, my husband and our 3 children.  Sounded good to us, as we were already purchasing this every year for about $2000.  The plan he sold us was for 105,000 points for $16,000, and $62/month in maintenance fees.  Sounded fair to us, and we signed the paperwork and went home happy.  Didn't have a chance to look at the book that they gave us (after the contract was signed) until two weeks later.  We were shocked when we realized 105,000 points would only buy a 3 day vacation in Florida during the summer months.  Totally inadequate for our needs.
> 
> This was not a misunderstanding, this was a bald faced lie.  I have some -handwritten notes from the sales rep, listing  7-10 days, but other than that, the contract only specifies the 105,000 points - not what it will buy.
> 
> ...



How long ago was this?


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## silentg (Oct 8, 2015)

Is it to late to resind?


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## DeniseM (Oct 8, 2015)

> Didn't have a chance to look at the book that they gave us (after the contract was signed) until two weeks later.



Unfortunately, this kind of lying is common with timeshare sales people, and no, verbal promises are not binding.

Since it's been more than 2 weeks since you signed the contract you are past the rescission date.

Timeshares expect people to get buyer's remorse and they have a lot of smart lawyers, and deep pockets, so suing them would just be throwing good money after bad.  You signed a contract, so you won't win a lawsuit.  

One thing you may want to consider:  On the resale market, you can buy Wyndham points for a fraction of the cost of what the developer charges, so you  may want to pick up some resale points to increase your total.


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## vacationhopeful (Oct 9, 2015)

Look for points DEEDED to WHERE your family wants to go in Florida ... as buying those MUCH cheaper resale points in purchasing (like under $100 total for the points you brought from Wyndham).

BUT FIRST, read the pretty picture book call "Member Directory" ... before buying MORE points. You need to understand booking windows, priority access, and rules to book & cancel. Plus MFs do add up ... and increase every year.


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## weems637 (Oct 9, 2015)

Welcome to timesharing old fashioned way!  At least you have found TUG which will help you moving forward.  I started with a small retail contract and added resale to get to the point level I wanted to be.  Then I found.TUG. Now I eat sales.people.for breakfast!


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## ronparise (Oct 9, 2015)

Deceived said:


> I am trying to determine if there are any class action lawsuits out there that we can join.  We were specifically lied to by Wyndham. Our sales person sold us a plan that he said would provide us with a 7-10 day vacation in Florida during school summer vacation for myself, my husband and our 3 children.  Sounded good to us, as we were already purchasing this every year for about $2000.  The plan he sold us was for 105,000 points for $16,000, and $62/month in maintenance fees.  Sounded fair to us, and we signed the paperwork and went home happy.  Didn't have a chance to look at the book that they gave us (after the contract was signed) until two weeks later.  We were shocked when we realized 105,000 points would only buy a 3 day vacation in Florida during the summer months.  Totally inadequate for our needs.
> 
> This was not a misunderstanding, this was a bald faced lie.  I have some -handwritten notes from the sales rep, listing  7-10 days, but other than that, the contract only specifies the 105,000 points - not what it will buy.
> 
> ...



I know of a few cases where when a person was able to prove that the sale was based on lies, Wyndham reversed the transaction, The key word here is "prove" and thats difficult to do. I know of no class action suit

It does not sound like a classic hardship case where you were coerced into signing for a loan that you cant pay back And I see that a 0ne bedroom suite (sleeps 4) can be had at Cypress Palms in Prime season, for under 100000 points in the summer. So you will have to violate the occupancy limits, but it can be done. Or do 10 week nights (3 short stay vacations,) for 105000 points exactly.  So was it really a bald faced lie?    

Salespeople typically will take advantage of the emotions of their prospective customers. Heres something I took from the internet
The basic premise is this: Most folks let EMOTIONS (GREED and FEAR) dictate their purchases, usually this results in disastrous consequences. Smart buyers use logic, calculation, and cold hard facts to make decisions, and usually come out ahead.

Wyndham saleman are very good taking advantage of your emotions. and with holding the facts. (lies) In your case, telling you that you could enjoy vacation accommodations better than you were used to, for less money, is an appeal to your emotions, pure and simple. An honest salesman would have pulled out the points book to show you exactly how to do it (the facts) and a careful consumer would have demanded it


My advice is to say, "whats done is done", get that loan paid off as soon as you can and enjoy what you have, maybe even add too it. If when you are my age, you can look back and say you only made this one $16000 mistake in your financial life, you will have done a whole lot better than most, certainly better than me. (there was this neat little sports car once, and just this year, a boat))

Wyndham is a very good ownership and can provide your family with excellent vacation accommodations, It wont be as cheap as you had hoped, but once that loan is paid off, you can have better accommodations, for less money  than comparable alternatives. Play it right and one day you will be able to look back on this and see it as one of the best things you ever did.


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## iaminak (Oct 9, 2015)

I was in a very similar situation and ask for Wyndham to honor my request to rescind based on several lies (and was also just past the rescind period).  It was a head ache and I went into it with the mentality others have mentioned to you of knowing it's a long shot of geting out of the contract but I wanted to at least get something back.  I was lied to about how many points I'd need for a 2 bedroom, lied to about the points freeze and how that worked, and several other things.  I had a pretty incompetent owner care specialist that took the case and while working with her was frustrating at times, the end result, which didn't surprise me, was that they would not rescind because anything the sales people say verbally is he said/she said and can't be proved.  I did get about 300,000 one time use points so overall, I'd say it was worth the hassle but that is a personal decision because it was a very frustrating and lengthy process.  

In the end, as others here have said, I think your best move now is to balance out the large payment you've made by purchasing another 100,000 or so points so your family can actually use it for a week 2-bedroom stay every year...


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## Jason245 (Oct 9, 2015)

iaminak said:


> In the end, as others here have said, I think your best move now is to balance out the large payment you've made by purchasing another 100,000 or so points so your family can actually use it for a week 2-bedroom stay every year...



DO NOT DO THE ABOVE until you read and learn about the program more, figure out what your true travel needs are and PAY OFF THE LOAN on the old one. 

My current advise, is use what you have as best you can, and make additional payments to your loan.


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## presley (Oct 9, 2015)

Deceived said:


> This was not a misunderstanding, this was a bald faced lie.  I have some -handwritten notes from the sales rep, listing  7-10 days, but other than that, the contract only specifies the 105,000 points - not what it will buy.
> 
> Are verbal promises not binding?



Are the handwritten notes written by an employee of Wyndham. That is what you need to get out. If you took the notes, they will say you are lying. Contracts are based on what you sign. However, I have read of people getting out of the contract if they had the handwritten lies from the sales torture meeting. It will takes months, but if you make it your mission, you'll probably get out. 

Here is a BBB complaint that looks like it ended in a full refund:  http://www.bbb.org/central-florida/...p-in-orlando-fl-20000283/complaints#breakdown  Page won't load, so click on the complaint dated 8/3/2015


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## iaminak (Oct 9, 2015)

presley said:


> Are the handwritten notes written by an employee of Wyndham. That is what you need to get out. If you took the notes, they will say you are lying. Contracts are based on what you sign. However, I have read of people getting out of the contract if they had the handwritten lies from the sales torture meeting. It will takes months, but if you make it your mission, you'll probably get out.
> 
> Here is a BBB complaint that looks like it ended in a full refund:  http://www.bbb.org/central-florida/...p-in-orlando-fl-20000283/complaints#breakdown  Page won't load, so click on the complaint dated 8/3/2015




While I think it is still worth pursuing, I didn't have this luck.  My sales "friend" had given me his number and told me to call or text him any time I had questions.  Prior to filing my compliant, I texted him to ask him about some of the things he told me that I was now finding out where not accurate.  I had text messages from him admitting to not knowing what he told me wasn't true.  Saying they were new things he must not have been aware of.  I had the screen shots as a part of my compliant and they still said they don't have to honor what isn't in the signed contract.


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## Vacationfuntips (Oct 10, 2015)

I would not purchase any more points until you learn to use what you have purchased.

You should look at your Club Wyndham Plus Member's Directory and read about the "points credit pool".  You can choose to borrow points from your future use years by banking your points.  You can get the larger unit that you need that way.  If you don't credit pool you can use your RCI membership.  You must call Wyndham to set it up.  You will get online access to book vacations there.  With Wyndham each resort has different point charts depending on the week of the year.  At one resort, for the same week and in the same general area the points may vary alot.  

Don't wait to use your points with hope that legal action can reverse your purchase for a salespersons promises.  If it is not in the written contract and signed off on, it will be very hard to dispute.  Did they not give you a Member's Directory to read and take with you?  

Your Wyndham contract had a recession period where you could have followed the instructions to get out of it.  That time is over.  You are a Wyndham retail timeshare owner now.  You can choose to either use or lose your points.   Your Wyndham points have a "use year expiration" .  You paid for the points -  I know that I would be upset to lose more.  Use what you have, borrow or rent points if you need to?  The money you paid to have those points is gone.   

I would think very hard about going to Wyndhm Member's updates in the future.  It is their job to sell.  No one should lie to you.  You can choose to buy resale in the future to add on - it is much cheaper.  

My advice is to try and make your Wyndham points work for you.  Learn about how to use the points your purchased.  Set up your account online.  Make your monthly/yearly maintenance fee payments auto pay to save $8 per month in extra Wyndham fees.   Make your reservation(s) as soon as you can?  Learn to plan vacations exactly 10 months in advance (to try and get what you really want) for online reservations.  There is high demand at certain locations.  You can book 13 months (ARP) ahead for your "home resort"  or for CWA providing you are not using any credit pooled or borrowed points.   Also know,  you can borrow points (no fee) during the Express Reservation period.

If you choose not to book a reservation or use your points, then Wyndham is making more money from you.  Book something.  You can try to rent out  the reservation or use it for friends or family.  You may be able to get some money back?  For the amount of points you purchased, you get 1 free Guest Confirmation each year.

You can look at purchasing a resale contract later to add to what you have.  

Cynthia T.


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## Bigrob (Oct 10, 2015)

There are a couple of questions I have upon reading this; depending upon the answers there may be some things you want to do quickly.

1) When you purchased, did they give you "bonus points" to get you to Silver VIP level? (typically they do this because they want to get you on the hook to buy more points later). 

This is important for reasons I'll explain in a moment.

2) Do you own any other timeshares? If so, are they eligible to "PIC"?

3) I see you own at Branson. Did you purchase in Missouri or another location? Location where purchased may have an impact on likelihood of finding an attorney who might take this on contingency.

You have two courses of action at this point: 1) try to force Wyndham (through legal action) to take the contract back due to material misrepresentation. As others have stated; many have tried, few have succeeded. But... some have succeeded. Based on your description I doubt you have a strong case, but I am not a lawyer; but there may be a couple of attorneys who might at least evaluate the situation for you and assess whether you have a case. Beware if they say, "you have a great case, we just need to get this retainer together and I'll get started right away." If they think you have a strong case they should take it on contingency. 

Again - I think the odds are quite long here.

The second course of action is - to make the most of what you've got. This requires you to do a couple of things immediately. Because of the timing, you have to decide VERY quickly which course you're going to pursue.

Timeline - you should argue for the bonus points and temporary VIP status if they didn't give it to you. This gives you several things that will be helpful over the next 2 1/2 years. Your argument is that the only way to get what they said you could get is if they were counting bonus points and discounts.

Second - within 90 days of purchasing retail you have the option to PIC up to eligible timeshares. PIC gives you "VIP-eligible" points, and depending upon where you PIC from, you can get a fair number of points for relatively low maintenance fees. If combine with a successful argument regarding the bonus points and VIP Silver status, the PIC points (up to 508K if you PIC 2 3BR units) can get you to temporary GOLD until the bonus points expire in 2 1/2 years.

VIP Gold status for 2 1/2 years would be worth fighting for if you determine (as most are suggesting here) that the odds of successfully fighting this legally are not great. 

Best of luck and continue to post to let us know how we can help. Ultimately Wyndham does have a great product, very flexible and lots of great locations.


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