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Bought timeshare on EBay & there are problems

cab6012000

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I won the auction, signed the sales agreement, and received the transferred deed. I read on an earlier post that around 2-3 weeks after receiving the deed I should call Wyndham to find out when the deed cleared. Wyndham had no record of the deed or transaction. I called the seller and after two days they told me there was a problem and they offered me a different unit at a different resort. I originally had a 2 bed/2bath and the replacement was a studio. I rejected the offer and they returned my money but the deed is still in my name. What should I do? I don’t want credit problems about maintenance fees.
 

grab

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You need to have the seller reverse the deed by selling it from you back to the seller for $1 and then they need to record the deed.

This should not be a big process or expense to them as most places they can just do it on line. The sooner the better.

They should provide you a copy of the RECORDED deed for your records.

If the seller gives you any hassle then I would post about the experience here with seller info and report to eBay (but give seller a chance to make it right).
 

taterhed

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The term 'bait and switch' comes to mind.
 

dioxide45

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I think we, and even you, may need some more details. You said you received the transferred deed, was that deed recorded? Did they ever send it to Wyndham for them to update the owner of record? Was the deed that they sent you for the correct week that you thought you were buying? What was the problem that existed or did they not provide details?

I suspect the problem was that they unit/week they deeded to you was not from the correct owner. So the person that sold the week was not the actual owner and Wyndham thus refused to transfer ownership in their system. If this is the case, the deed they provided you is invalid and not really of any use. You aren't the owner of record in the Wyndham system, so they won't come after you for maintenance fees.
 

grab

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I think we, and even you, may need some more details. You said you received the transferred deed, was that deed recorded? Did they ever send it to Wyndham for them to update the owner of record? Was the deed that they sent you for the correct week that you thought you were buying? What was the problem that existed or did they not provide details?

I suspect the problem was that they unit/week they deeded to you was not from the correct owner. So the person that sold the week was not the actual owner and Wyndham thus refused to transfer ownership in their system. If this is the case, the deed they provided you is invalid and not really of any use. You aren't the owner of record in the Wyndham system, so they won't come after you for maintenance fees.
IMHO you still need to get the deed out of your name even if deed was botched. You never know what might come up but I could see a tax collector being an issue.
 

cab6012000

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I think we, and even you, may need some more details. You said you received the transferred deed, was that deed recorded? Did they ever send it to Wyndham for them to update the owner of record? Was the deed that they sent you for the correct week that you thought you were buying? What was the problem that existed or did they not provide details?

I suspect the problem was that they unit/week they deeded to you was not from the correct owner. So the person that sold the week was not the actual owner and Wyndham thus refused to transfer ownership in their system. If this is the case, the deed they provided you is invalid and not really of any use. You aren't the owner of record in the Wyndham system, so they won't come after you for maintenance fees.
 

cab6012000

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The deed was recorded in the State of Hawaii for the correct week and unit. It was transferred from the people who were suppose to have owned it. However, you are correct that Wyndham would not transfer ownership in their system because they could find no record of a contract associated with it. Can the resort still hold me responsible for maintenance fees? And is there something I should do now?
 

taterhed

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Trust me.

The state of Hawaii will NOT forget.

You may be able to research, online, and see what was transferred, from whom, and determine what's going where.
 

dioxide45

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Trust me.

The state of Hawaii will NOT forget.

You may be able to research, online, and see what was transferred, from whom, and determine what's going where.
But don't the counties in Hawaii bill property taxes directly to the HOA? not individual owners? So the owner won't be getting a bill for the taxes anyway.
 

taterhed

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But don't the counties in Hawaii bill property taxes directly to the HOA? not individual owners? So the owner won't be getting a bill for the taxes anyway.
good point. But, I would not want a 'deeded ownership' in my name....if I didn't own the property. Who knows what might come of that?
 

jacknsara

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The deed was recorded in the State of Hawaii for the correct week and unit. It was transferred from the people who were suppose to have owned it. However, you are correct that Wyndham would not transfer ownership in their system because they could find no record of a contract associated with it. Can the resort still hold me responsible for maintenance fees? And is there something I should do now?
Aloha,
I know nothing useful about Wyndham but am familiar with the various Wyndham associated properties in Kauai. Before I ramble on, is this timeshare on Kauai or another island?
Jack
 

grab

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good point. But, I would not want a 'deeded ownership' in my name....if I didn't own the property. Who knows what might come of that?
That’s what I was trying to say, nothing good will come of ‘kinda’ owning deeded property but I can imagine potential bad things.
 

jacknsara

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It is on Kauai.
Aloha,
There are four "Wyndham" properties on Kauai that are not totally Wyndham. It is possible that you have been deeded a non-converted Pahio week at either Bali Hai, Ka'Eo Kai, Shearwater or Kauai Beach Villas. These are all nice properties that, if not converted to Wyndham, can be traded through RCI. I get the impression that you wanted to own a Wyndham resale. If my speculation is close to being correct, the resale may have been misrepresented. I am not a lawyer and my comment should not be taken as legal advice.
If you care to share the language on your deed, perhaps the TUG community can provide a bit more guidance.
Jack
 

cab6012000

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I wanted the Wyndham points but trips to Hawaii weren’t out of the question. What information do you want from the deed?
 

dioxide45

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good point. But, I would not want a 'deeded ownership' in my name....if I didn't own the property. Who knows what might come of that?
I certainly agree, the deed should be signed back over to the seller.
 

jacknsara

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I wanted the Wyndham points but trips to Hawaii weren’t out of the question. What information do you want from the deed?
Aloha,
I'm not sure since I am only familiar with deeds from two of the four resorts. I suggest you take a cellphone picture of the first two pages. If there is information you do not want to share (e.g. your address), cover that portion (e.g. using a post-it note). You can either PM (private message via a "conversation") me with an upload of the pictures or upload them to a TUG post (I'm not recommending that - but your choice).
Jack
 

Panina

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I won the auction, signed the sales agreement, and received the transferred deed. I read on an earlier post that around 2-3 weeks after receiving the deed I should call Wyndham to find out when the deed cleared. Wyndham had no record of the deed or transaction. I called the seller and after two days they told me there was a problem and they offered me a different unit at a different resort. I originally had a 2 bed/2bath and the replacement was a studio. I rejected the offer and they returned my money but the deed is still in my name. What should I do? I don’t want credit problems about maintenance fees.
Did you ask the seller when they are getting the deed back in their name? You need to make it clear you expect no less.
 
Last edited:

cab6012000

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Aloha,
I'm not sure since I am only familiar with deeds from two of the four resorts. I suggest you take a cellphone picture of the first two pages. If there is information you do not want to share (e.g. your address), cover that portion (e.g. using a post-it note). You can either PM (private message via a "conversation") me with an upload of the pictures or upload them to a TUG post (I'm not recommending that - but your choice).
Jack
Is Kauai Beach Villas one of the resorts you are familiar with?
 
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