- Feb 26, 2021
- Reaction score
- Resorts Owned
- Margaritaville St. Thomas, ClubWyndham Long Wharf
As another lawyer, it would also seem problematic for Wyndham to restrict what owners can do with deeded property (as opposed to the trust structure of Club Wyndham Access). One could argue that such restrictions are "unreasonable restraints on alienation."But that still does not actually say anything. Unless they define commercial purposes, somewhere, it is an unenforceable restriction. (yes, I am a lawyer) Wyndham is banking on the fact that no one has the resources to fight them on this, and so far, they are correct. It is unlikely that anyone will expend the resources necessary to seriously challenge them. Even if someone did, and won, then they would simply publish a definition that would disqualify that person. It's like trying to build a wall out of sand.
Worse yet, I am a former contracts professor, so the "contracts of adhesion" and "ambiguities construed against the drafter" nuggets that I there out at my students for years keep ringing in my head.
I absolutely don't want to pick a fight with Wyndham, but I do want to protect my elderly mother's financial situation while she continues on the long road to recover as much of her traveling life as she can. @JeepGirl's experience is exactly what I am trying to avoid.