# Escape clause in Wyndham contract?



## Ridewithme38 (May 19, 2011)

> Deeded as Points.
> Expires January 1, 2030.This deed expires due to an escape clause.



I've been search Ebay for TS's for years...and this is the first time i've heard this mentioned in a Resort associated with the Wyndham system(I've seen it in other resorts, mostly Mexico)...let alone Kingsgate...think this is just a mistake in the ad, or is there something about the Wyndham contract i don't know about...This is more then i want to pay upfront so i'm not buying it...but that caught my eye

Here's the Ad:
http://cgi.ebay.com/154-000-Wyndham...ltDomain_0&hash=item336780bb08#ht_5938wt_1052


----------



## shorts (May 19, 2011)

I have a couple of converted Wyndham weeks that have a date listed on the deed also. What that refers to is a date at which time the HOA and/or the owners will decide whether the resort should continue as a timeshare or whether it should be dissolved, sold and the proceeds distributed among the owners.

So technically it is not an escape clause and the deed does not neccessarily expire but it does give the owners a choice if the resort has become to costly to run or has too many owner defaults ... there is a way out built into the timeshare covenants.


----------



## rrlongwell (May 19, 2011)

shorts said:


> I have a couple of converted Wyndham weeks that have a date listed on the deed also. What that refers to is a date at which time the HOA and/or the owners will decide whether the resort should continue as a timeshare or whether it should be dissolved, sold and the proceeds distributed among the owners.
> 
> So technically it is not an escape clause and the deed does not neccessarily expire but it does give the owners a choice if the resort has become to costly to run or has too many owner defaults ... there is a way out built into the timeshare covenants.



Agree with the above post.  Read the fine print of the deed carefully.  Wyndham Westwinds has a clause similar to the one described here.


----------



## antjmar (May 19, 2011)

rrlongwell said:


> Agree with the above post.  Read the fine print of the deed carefully.  Wyndham Westwinds has a clause similar to the one described here.



What exactly does yours say? I cant find that clause on my westwinds deed.


----------



## massvacationer (May 19, 2011)

I remember that my deed at Fairfield Glade has a similar clause, as well


----------



## rrlongwell (May 19, 2011)

massvacationer said:


> I remember that my deed at Fairfield Glade has a similar clause, as well



“it being the intent of the this instrument that each Unit Week shall be considered a separate estate held separately and independently by the respective owners thereof for and during the period assigned to each in said Declaration, each said estate being succeeded by the next in unending succession governed by said Declaration until 4:00 p.m. on the first Friday in 2029, as of which date said estate shall terminate, unless extended as provided by the said Declaration:”

Just looked at the ad in question via the orginal poster's link.  This appears to be a fixed week contract that was converted to points.  If this is true, the ARP priveldge is limited to the specified week in the orginal contract.  I would absolutly request a copy of the deed and a copy of the underlying documents cited in the deed before I made a bid.


----------



## Ridewithme38 (May 19, 2011)

haha darn legalese....i have no idea what that means...but it sounds like SOMETHING has to happen at 4:00 p.m. on the first Friday in 2029....i wonder if it'll automatically happen or if a vote is required


----------



## antjmar (May 19, 2011)

rrlongwell said:


> “it being the intent of the this instrument that each Unit Week shall be considered a separate estate held separately and independently by the respective owners thereof for and during the period assigned to each in said Declaration, each said estate being succeeded by the next in unending succession governed by said Declaration until 4:00 p.m. on the first Friday in 2029, as of which date said estate shall terminate, unless extended as provided by the said Declaration:”
> 
> Just looked at the ad in question via the orginal poster's link.  This appears to be a fixed week contract that was converted to points.  If this is true, the ARP priveldge is limited to the specified week in the orginal contract.  I would absolutly request a copy of the deed and a copy of the underlying documents cited in the deed before I made a bid.



Thanks rrlongwell, Was this from the deed or underlying documents? All I received was a deed which reads....

.... Witnesseth:   That said Grantor, for good and  valuable consideration, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying, and being in Horry County, SC, to wit:

Unit Week Number **, Unit Number **** of Westwinds Condominiums Horizontal Property Regime as Recorded in Plat Cabinet C, Page 166, and as described in the aforesaid Declaration, Master Deed, Covenants and Restrictions, and By-Laws, applicable thereto, as recorded in Book 1407, Page 303, and any amendments and supplements thereto, all in the Office of the Register of Mesne Conveyances for Horry County, SC.....


----------



## rrlongwell (May 19, 2011)

antjmar said:


> Thanks rrlongwell, Was this from the deed or underlying documents? All I received was a deed which reads....
> 
> .... Witnesseth:   That said Grantor, for good and  valuable consideration, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying, and being in Horry County, SC, to wit:
> 
> Unit Week Number **, Unit Number **** of Westwinds Condominiums Horizontal Property Regime as Recorded in Plat Cabinet C, Page 166, and as described in the aforesaid Declaration, Master Deed, Covenants and Restrictions, and By-Laws, applicable thereto, as recorded in Book 1407, Page 303, and any amendments and supplements thereto, all in the Office of the Register of Mesne Conveyances for Horry County, SC.....



In my deed it is right above the Unit and Week Number in the Deed.  Read the whole deed carefully,  this information should be on the deed somewhere.  It should be specific as in the one in mine with a specific date or wording that gives rights in essence forevermore.  Give the Resort a call ask for Pam if she is still there and request a copy of the cited documents.  She should be able to send you an electronic or paper copy.


----------



## antjmar (May 20, 2011)

Thanks again rrlongwell. I know westwinds also has UDI but based on your deed you have a converted fixed week like mine. I will call when I have some time. I am curious. Hey maybe the real estate market will take off and on 2029 wyndham will sell the property and pay us!!!:rofl:


----------



## rrlongwell (May 20, 2011)

antjmar said:


> Thanks again rrlongwell. I know westwinds also has UDI but based on your deed you have a converted fixed week like mine. I will call when I have some time. I am curious. Hey maybe the real estate market will take off and on 2029 wyndham will sell the property and pay us!!!:rofl:



I do not know but at Westwinds, maybe.  In the last few years Wyndham really wants the Westwinds deeds back.


----------



## antjmar (May 20, 2011)

rrlongwell said:


> I do not know but at Westwinds, maybe.  In the last few years Wyndham really wants the Westwinds deeds back.



Why do you say this? did they contact you?  I've only had it 6 months...


----------



## rrlongwell (May 20, 2011)

antjmar said:


> Why do you say this? did they contact you?  I've only had it 6 months...



To make a very long story very short, agressive marking tactics at the Sales Presentations coming out of Myrtle Beach.  They are trying to expand their presence in this Market through a variety of means.


----------

