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Deneen et al v. Wyndham Vacation Resorts, Inc.; August 14, 2019 [Merged]

Discussion in 'Wyndham Vacation Resorts' started by IsaiahB, Aug 20, 2019.

  1. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    DRI South Bend, EY 1/1

    Been to:
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    In class action lawsuits, there has to be a class rep that represents your situation. That’s why you see the words “similarly situated.” None of the class reps so far are resale buyers.

    These are my opinions gleamed from years of legal experience. Call one of the Plaintiffs lawyers and ask if resale purchases are included or if they are willing to represent resale buyers.
     
    Last edited: Aug 21, 2019
  2. easyrider

    easyrider TUG Review Crew: Expert TUG Member

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    No thank you. I only posted this because it is interesting to me. Your posts on this topic are very interesting too.

    Bill
     
  3. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Deleted
     
    Last edited: Aug 21, 2019
  4. HitchHiker71

    HitchHiker71 TUG Member

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    Successor in this case is using the legal definition of a corporate successor, and therefore your interpretation of the word is not correct with respect to resale contracts. A corporate successor is a corporation that takes on the burdens of a previous corporation through merger, acquisition, or other means of succession. Successor liability is an important issue in areas such as product liability, environmental concerns, and labor and employment law. In this instance it is specific to product liability. The term successor here is protecting the class action from any changes to Wyndham's corporate structure - in an attempt to avoid product liability/culpability by changing their structure. It has nothing to do with resale contracts, sorry to say.
     
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  5. chapjim

    chapjim TUG Member

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    You're trying hard but missing the mark. If you bought resale, you have entered into no security agreement with Wyndham. Wyndham doesn't need security on a resale contract. Prove me wrong and show me a copy of a security agreement with Wyndham (or any other timeshare company or any company at all!) that you signed as part of a resale.

    Maybe it would be better to think of auto sales. You buy a vehicle from a dealer and you sign a security agreement with the dealer (or the parent corporation or a finance company). You agree to make payments as specified and the dealer (or parent corporation or finance company) retains a security interest in your vehicle -- he has the right to repossess if you don't make the payments. If you sell that car to a private party, your buyer has nothing to do with the dealer. The dealer has no skin in the game and has no need for a security agreement.

    A successor to Wyndham would be a corporation -- the result of a sale, name change, reorganization, etc. A resale purchaser of a Wyndham contract would not be a successor to Wyndham, he would be the successor to the previous owner of the contract.
     
  6. chapjim

    chapjim TUG Member

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    How is that a problem? The resale buyer didn't pay for the status or privilege and didn't get what he didn't pay for. Sounds perfect to me!
     
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  7. Jenny Ellis

    Jenny Ellis Guest

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    I don't care about the money. I just to cancel my contract. Some crazy attorney wanted $5000 upfront to join a multi-party lawsuit. I'd rather be in a class action that doesn't cost me a dime.
     
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  8. dgalati

    dgalati TUG Member

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    You are correct Jim resale buyers didn't pay to achieve the level of privilege and status by paying developer price. I have traveled for less then a VIP without paying for the VIP status and so called privilege. Just make it work how ever you can.
     
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  9. easyrider

    easyrider TUG Review Crew: Expert TUG Member

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    It is called Worldmark by Wyndham but Worldmark is not owned by Wyndham. Wyndham is only the hired developer for Worldmark.

    I originally thought that the term "successor" would mean successor, not "corporate" successor or "successor - in - interest" although the "successor - in - interest" would be a person obtaining the timeshare in the same manner as a resale buyer. If the suit actually read corporate successor or successor in interest it would be vary clear who is in mind to be included in this class.

    Bill
     
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  10. CO skier

    CO skier TUG Member

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    You are very confused. Wyndham purchased and owns the rights as Developer for WorldMark.

    Wyndham is "hired" only as the WorldMark program manager.
     
  11. chapjim

    chapjim TUG Member

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    So, you are saying you CAN have the status and privilege without paying for it!
     
  12. dgalati

    dgalati TUG Member

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    Yes this is possible if you consider that some VIP owners let their family travel for free. I do have a VIP Uncle remember and I did give him a resale deed to use with his VIP status.
     
  13. Braindead

    Braindead TUG Member

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    [Post removed by Moderator - everyone play nice]
     
    Last edited by a moderator: Aug 22, 2019
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  14. OldGuy

    OldGuy Guest

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    Just going awry here . . . we had a recent, very-short discussion, about how resale owners could be bound by the obligations of timeshare contracts they were never a party to, and upon reading those that I have saved on my laptop, the verbiage in standard TS deeds does that.

    So, by a stretch, if part of the complaint is that Wyndham does not fulfill their obligations, in addition to the deceptive sales complaint, all owners could be included.

    Granted, it will just be a blip on the radar, but, c'mon folks, we've had this discussion before, and it's hard to find a retail timeshare sales operation that is not unethical. It is just a matter of the level of sleaze. Part of the new Arizona timeshare legislation, a part that ARDA prevailed on, was a cooling-off period, so buyers could sleep on it overnight, before closing the next day.
     
  15. HitchHiker71

    HitchHiker71 TUG Member

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    Remember that what you're referring to is a legal document, therefore it's written and must be interpreted using legal language and terms. Legal documents use different language/terms that require the ability to interpret certain words using their legal definitions, not lamen's terms, hence the fact that its a legal document. :)
     
    Last edited: Aug 22, 2019
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  16. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    @HitchHiker71 are you a lawyer? You appear to have a legal background.
     
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  17. HitchHiker71

    HitchHiker71 TUG Member

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    Nope. But I'm formally trained in legal contract drafting and review as part of my job. It also helps that I worked for one of the largest law firms in the world for 15 years, in an IT capacity - the last half of which was at the level where I dealt with vendor contracts, reviews, etc., on an almost daily basis at times - so I was trained by the best so to speak - meaning the people who I learned from were some of the best attorneys in their respective fields. You quickly learn how to properly interpret legal documents when performing contract reviews and making edits/alterations on a frequent basis.
     
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  18. OldGuy

    OldGuy Guest

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    Prior to my career as a sleazy direct salesman, I prepared to be a lawyer, with lots of law as an undergraduate.

    Does that overqualify me in law?

    :ponder:
     
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  19. easyrider

    easyrider TUG Review Crew: Expert TUG Member

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    Are you trying to say that Wyndham owns Worldmark because they paid to be the developer for Worldmark ? Worldmark is its own corporation owned by its members and operated by its membership board is how I remember the story.

    Bill
     
  20. HitchHiker71

    HitchHiker71 TUG Member

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    The good news is that there are several online legal dictionaries where you can quickly check on the legal definition of any particular word. Here's a link for "successor" for instance:

    https://definitions.uslegal.com/s/successor/

    Gotta love the internet - pretty much anything we want to know about is only a few clicks away. :)
     
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  21. easyrider

    easyrider TUG Review Crew: Expert TUG Member

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    I wrote up thousands of contracts and have been disposed to review other contracts involved in conflicts. Usually, if a word has more than one meaning, that meaning has to be clarified and can't be subjective. Usually the meaning of a noun is the legal definition of the noun. If there isn't an adjective use to describe the noun the simple definition applies.

    There is no adjective used to describe the noun successor in this lawsuit.

    Bill
     
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  22. HitchHiker71

    HitchHiker71 TUG Member

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    Yes, but your error is in interpreting Wyndham - which is not singular - as a singular successor. Wyndham is a corporation - hence it's a corporate successor.
     
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  23. OldGuy

    OldGuy Guest

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    When DW asks me a question, I normally say, "You've got the answer in your hand."
     
  24. easyrider

    easyrider TUG Review Crew: Expert TUG Member

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    The sentence reads Wyndham or its successors. "Or" is used as a conjunctive adverb meaning both Wyndham and successors are different entities. Wyndham is singular and successors is plural.

    The word " and" instead of "or" could mean corporate successors but they used "or" meaning at least two groups, Wyndham or its successors.

    In a contract "or" describes this or that. In a contract "and" describes both this and that.

    Bill
     
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  25. chapjim

    chapjim TUG Member

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    The issue is not one of sleaze so let's stop the nonsense (or, as you call it, going awry -- by a stretch).

    The issue is whether the plaintiffs in this case were deceived (whatever) by Wyndham sales people with whom they had contact and from whom they purchased some interest in timeshares. The issue NOT to be decided is whether people who had no contact with and never bought anything from Wyndham can assert that they were deceived (whatever) by Wyndham. The question is too bizarre to even consider.
     
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