what to do next? escalated contract withdraw

[shawn]

I purchased a Wyndham timeshare on June 24,2010 for only one reason and that was to take a annual trip to Las Vegas Baseball Academy in December for my kids. I have since discoverd all of the false and misleading representation of that contract. I have navigated my way through many hours and levels of the Wyndham staff to get this escalated to Consumer Affaires legal dept. I have also filed complaint with the bbb. I have sent certified letters to consumer affaires. Do I need to sent more letters to other departments? I am trying to get to Brenda George as I have learned that is who carries the big stick at Wyndham. I need advise on where to gain knowledge of what to do next and what steps are in order for me to succeed in getting through this process. Do I send letters and complaints to the Attorney General, Federal Trade Commission, ARDA, Business and commerce code, etc etc. OR do i wait to hear from them too se what they are going to do first?
Thanks for any advise
Shawn

 

[Ridewithme38]

I have since discoverd all of the false and misleading representation of that contract.

Any tips on what they were in your specific case...so we know what to watch out for?

 

[shawn]

It all starts the moment they open their mouth. The only reason for me even going to the presentation was my WIFE wanted to get a free cruise she was offered at a mall in San Antonio River Center Mall. I was on Business trip. They start by making you get on a bus and taking you across town so you don't have any transpertation to just leave. then the give you all the sales pitches about how much money they can save you. after you tell them NO they turn up the sales going into what an investment this will be and this is going to go up in price and if you don'T buy now you will miss the BIG sale and savings. after that doesn't work they tell you they will buy it back at market value and you can always sell it back. They promised to get me started by personally helping with the reservations NOT. They tolk we could use the points left over to get air fare. They promised we could save money and even got the exact dates when the Academy was and figured the cost and guarnteed the savings. I did the math on July 26 and found it was going to cost considerably more using Wyndham. nothing they promised in the sales was true and then they pushed the papers at us as it was almost 7:00 pm and they wanted to leave so the salesman agreed with everything I asked when the contract was put infront of us to sign. I had no idea what I was signing but I took the salesmans word as to what it said.

 

[bnoble]

I purchased a Wyndham timeshare on June 24,2010

I did the math on July 26 and found it was going to cost considerably more using Wyndham.

I had no idea what I was signing but I took the salesmans word as to what it said.

I hate to be the bearer of bad tidings, but for better or worse, you now own this timeshare. Nevada's recission period is five days---so, you had until June 29th to cancel the deal. After that, it becomes binding. It is true that the Wyndham sales staff stretch the truth, sometimes well beyond the breaking point. But, again for better or worse, the paperwork you sign also states clearly that verbal assurances can't be counted upon, and that only the written contract is enforceable.

You can try to get out of the contract by suing for deceptive sales practices, but this isn't Wyndham's first rodeo, and I'm guessing your chances of prevailing are somewhere between slim and none. You can also try to deed it back to them in lieu of foreclosure, but they might not take it, and if they do, you will lose all the money you've put into it up to this point---depending on whether you financed or paid cash, this could be relatively small, or a substantial sum. You can try to sell it, but you will be lucky to get ten cents on the dollar, and if you financed, you certainly won't get enough to pay off the loan.

You will also be contacted by folks who "for a small up front fee" will promise to void your contract for you. I'm guessing some already have. DO NOT FALL FOR THIS. This is almost certainly just another scam---just like the original sales pitch.

I wish I had better news for you, but signing a contract without understanding it, *and* not going back over it in a timely manner (within your rescission period) is at some level your own fault. Hopefully, this wasn't too expensive a lesson.

The good news is---you are not alone. Many of the Wyndham owners here have purchased from the developer in similar circumstances, and they have learn to get good use and value out of their ownerships.

Edited to add: I went back over your posts from earlier this month, and see that this isn't the first time you've heard this advice. I know you're upset, and you just want out. But, there almost certainly is no getting out. If Wyndham won't voluntarily accept a deedback in lieu of foreclosure, you're not going to be able to force them. It's time to make the best of it.

 

[shawn]

there are over 133 posts on consumers that have been riped off and scamed by Wyndham.There are many ways to get out of contracts that come from fradulant resale brokers, what makes Wyndham any different. They are selling the same fradulant contract as the resale scams. where is the civil liability of an agency selling goods that it can not deliver. under the buisness and commerse code title 2 chap 17.46 Unlawful (a) False ,misleading. or deceptave acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under sec 17.47,17.58,17.60, and 17.61 of this code. also see sec 24 failing to disclose information concerning goods or services which was known at the time of the transaction.such failure to disclose such info. was intended to induce the consumer into a transaction which the consumer would not have entered had the info been disclosed. they also only had authorzation to take down payment from visa debit card in 2 transactions and took payment and mf from checking acct.

 

[am1]

If you are interested in getting out of the contract after the 5 days you should contact a lawyer. Wyndham is pretty good at what they do as you have already found out. I am sure their legal team is as good as their sales team. They also have deeper pockets.

 

[shawn]

yes! they have billions of your dollars and all of the Wyndham owners have to pay for every complaint braught forth, therfore the owners should have a say in the way it is being sold. If the sales and marketing was held accountable for their fraudulant behavior the mf's might even go down instead of up. there is no inforcement or checks and balances between owners and corperate they make laws and you pay them. WHY?????

 

[Ridewithme38]

Capitalism

 

[JimMIA]

yes! they have billions of your dollars and all of the Wyndham owners have to pay for every complaint braught forth, therfore the owners should have a say in the way it is being sold. If the sales and marketing was held accountable for their fraudulant behavior the mf's might even go down instead of up. there is no inforcement or checks and balances between owners and corperate they make laws and you pay them. WHY?????

Actually, the owners of Wyndham timeshares would not be the ones to pay anything for your (or anyone else's) complaint. That expense -- if any, which seems unlikely -- would be borne by Wyndham itself.

Owners pay for the operating expenses of the resorts they own, not for the sins of the sales weasels.

By the way, where did you purchase? You mentioned Las Vegas as your intended destination, but in an earlier thread you said you were in San Antoniowhen you bought.

Recision dates vary widely from state to state, so that's an important question.

 

[am1]

Wyndham will pass on that expense one way or another. The recession period would be over regardless of where the timeshare was purchased at this point.

 

[bnoble]

there are over 133 posts on consumers that have been riped off and scamed by Wyndham.There are many ways to get out of contracts that come from fradulant resale brokers, what makes Wyndham any different. They are selling the same fradulant contract as the resale scams. where is the civil liability of an agency selling goods that it can not deliver. under the buisness and commerse code title 2 chap 17.46 Unlawful (a) False ,misleading. or deceptave acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under sec 17.47,17.58,17.60, and 17.61 of this code. also see sec 24 failing to disclose information concerning goods or services which was known at the time of the transaction.such failure to disclose such info. was intended to induce the consumer into a transaction which the consumer would not have entered had the info been disclosed. they also only had authorzation to take down payment from visa debit card in 2 transactions and took payment and mf from checking acct.

Respectfully, you are barking up the wrong tree. Those disclosures were made---in the paperwork you signed but apparently either did not read or did not understand. If you are serious about this, the advice to contact a lawyer is sound. But I'll wager that your counsel will tell you the same thing. Wyndham does this every day, and they know what they are doing.

 

[shawn]

I understand that wyndham has the paperwork that says I signed a contract without a doubt its black and white. I was never told of a recision period untill I tried to make reservations and unable to do so under the contract I was sold. I was made to believe this was an investment and that it would be no problem to just sell it back. the sales person and sales manager made that clear it was not problem they would handle all the paper work. my copy of the contract was missing the left 2 inches and the length of time was conviently not there. as well as 2 inches of every page. I did not receive a complete copy of the contract. so not only do i have to rely on what was sold to me but I have not found anyone at Wyndham since 6-29 that is willing to help me what so ever.

I purchased at San Antonio for the sole purpose of taking my kids to Baseball Academy and save money. It was going to cost 81000 points and the remainder was going to be applied to air fare. 24000 total of 105000 pts.

 

[shawn]

I need advise on where to gain knowledge of what to do next and what steps are in order for me to succeed in getting through this process. Do I send letters and complaints to the Attorney General, Federal Trade Commission, ARDA, Business and commerce code, etc etc. OR do i wait to hear from them too se what they are going to do first?
Thanks for any advise
Shawn

This is the info that I am seeking.

 

[teepeeca]

Shawn

I need advise on where to gain knowledge of what to do next and what steps are in order for me to succeed in getting through this process. Do I send letters and complaints to the Attorney General, Federal Trade Commission, ARDA, Business and commerce code, etc etc. OR do i wait to hear from them too se what they are going to do first?
Thanks for any advise
Shawn

This is the info that I am seeking.

The information that you are trying to seek just isn't there. The terms and conditions of what you purchased are stated in the "four-corners" of the written contract.

If you did "NOT" read, or understand, the contract, or what was stated therein, then you shouldn't have signed it. I'm sure that it contained a paper telling you about the recission period. It also stated that you cannot rely on verbal statements, only the written contents of the contract.

Advice of other posters should be taken, and you should learn how to "best use" what you have purchased. Talk to an attorney, if you wish, but I'm almost sure he/she will tell you exactly the same thing that others on this formum have told you.

Tony

 

[e.bram]

In you can find a local venue where you can sue pro se, do it. Ask for a jury trial(your constitutional right as a citizen). The worst you can do is lose. If you do nothing you lose anyway. And it will cost Wyndham mucho bucks. Courts cut pro ses a lot of slack and lawyers hate pro ses.
See if a legal clinic in a local law school or consumer advocacy group can help you with the procedure.
Also some community colleges give paralegal courses for very little money which might be able to help you.

 

[shawn]

I would like to thank everyone that has giving me no hope. In the back of my mind I am really starting to feel this sight has agendas to keep the timeshare owners feeling there is no hope and you must continue to be at the timeshare's mercy. I know there has been someone that has been in the same situation I am in and had success. there are too many BBB and Attorney General reports of fraud by timeshares for them to get away with all of them. The advise to just let it go and do nothing is not an option for me. my house, marrage, and kids future is at stake.

 

[am1]

Unless any fraud happened during your sales presintation that you can prove or the contract was not executed properly then there is little hope to no hope. The sales people do a good job of selling the program and when your signing the contract they skip over a lot of things.

If you look around TUG and the internet in general you will see plenty of people who are in your situation with no recourse. A lot of people who already have too many timeshares, elderly, have a limited income have mistakenly purchased much more points than you have. Some have been around $250 000 and are trying to sell at a discount for slightly less to get out of it. There is usually one or two on ebay that are way over prices.

If Wyndham refunded every persons money who wanted to cancel after the recission period they would not be in business. Some I have seen are $250 000 and they are trying to sell at a "discount" for slightly less to get out of it. There is usually one or two on ebay that are way over prices.

Everyone at this site is trying to help you but there is little chance Wyndham will cancel the contract. You can let them foreclose on it, see if they will take it back less your payments so far, hire a lawyer, send letters to everyone concerned.

Some positive things that you can do is to learn how to use the timeshare in case you are unsuccessful in cancelling it. The Grand Desert is a great resort especially for famalies. If that is the only resort you want to go to you should have no problem getting the dates you want. Warn others to be very careful when going on timeshare presentations so they can get a free gift. Chances are someone you know will purchase a timeshare at some point and regret it. Sadly, even if you warn people it is likely one or more of them will still purchase a timeshare that they do not want.

Just be careful not to invest too much money trying to fix this mistake. Just say no to any more timeshare tours no matter what they are offering if you are not interested in buying. The gifts really are not free.

Make sure to read all contracts that you sign. The person going through the contract with you has read it many times and really does not care if you understand it.

If you have financed part of the the purcahse with Wyndham shop for a lower interest rate. Wyndham is usually 10 - 15% which is pretty high. Even transferring a balance to a 0% credit card can help.

 

[Cheryl20772]

The advise to just let it go and do nothing is not an option for me. my house, marrage, and kids future is at stake.

Shawn, I'm very sad to read between the lines here. I feel your desperation. You signed a contract and now you have an urgent need to get out of it.

Many, many of us have felt "buyer's remorse" before. We know what it means to make a bad decision. That doesn't mean we know how to get out of a binding contract which was designed by a multi-million dollar company to be perfectly unbreakable. In spite of that, I am sure people reneg on that contract all the time for things like becoming disabled or losing a job. The consequences of those things are never pretty. See if you can give the contract back to the company in lieu of foreclosure. Giving it back to them still seems like the best option for you (if they will take it). You would only lose your deposit and any payments made to date.

I think you really need legal advice beyond that. Others have posted the same.

This is my unqualified opinion for what it's worth. Just wanted you to know I feel your pain.

 

[shawn]

Thank you! I really do appreciate all the information, I'm Just fustrated.

 

[rickandcindy23]

I feel so sad for you, Shawn. I know you are just so frustrated and angry at the situation. I have no idea what you paid (probably over $16K?), but maybe you should consider it a lesson learned, if you cannot get any satisfaction from Wyndham.

We were very young, just 26 years old, with three small kids, when we bought our first timeshare-- from a developer, at a really high price, nearly 29 years ago. I wanted to rescind the next day, but we were told there were no rescission laws in place for a timeshare purchase. We were so angry, and we really couldn't afford it, but we sacrificed, kept the week, and we used it because we bought it. You can use what you bought, and if you choose to not walk away (for the sake of your credit and your marriage, etc.), you need to consider it a good education in timeshare.

If you don't have enough points, unfortunately there are tons of Wyndham points on ebay, which you can buy for literally pennies. You might want to consider doing that.

The next time you go to the resort, you can get the sales staff back by showing up and chewing out your salesperson. I saw someone do that at Bonnet Creek 18 months ago. :rofl: It was so great. I would do it, in a heartbeat.

 

[timeos2]

We sure don't support them

I would like to thank everyone that has giving me no hope. In the back of my mind I am really starting to feel this sight has agendas to keep the timeshare owners feeling there is no hope and you must continue to be at the timeshare's mercy. I know there has been someone that has been in the same situation I am in and had success. there are too many BBB and Attorney General reports of fraud by timeshares for them to get away with all of them. The advise to just let it go and do nothing is not an option for me. my house, marrage, and kids future is at stake.

Shawn - This site is far from a developers advocate nor do the participants in any way WANT people to be taken by timeshare sales organizations of any name. In fact the majority of the time getting out of bad purchase choices in timeshares is a major part of all postings here.

But there is a point that you have done, or failed to do, the things that are likely to let you rescind a contract or successfully pursue any developer/sales group for misrepresentation or simply taking advantage of the extremely limited period that is automatically offered in every state. No matter how many great letters you write to the AG office they hear it all the time. To actually get a response from Wyndham now you would have to commit serious money to a lawyer - money that you are unlikely to recover. Again Developers sales know that you aren't liable to risk the money needed to try to get out of the deal vs what you stand to lose by walking away or learning to use the points in a way that has value to you.

As others have said we really feel badly for you as there is little doubt they twisted everything they told you to make it seem like a great way to go. Meanwhile you could have bought a package that would have easily got you the time you wanted in the resort you wanted for a few hundred to a couple thousand dollars at most on resale. They know that even as they smile and tell you how great the deal you are going to get is - a deal that leaves you with a product worth less than 10% of what you pay a few days after you buy it.

They are slime but they are far better at the game than most buyers. You are far from alone, it is a dirty business but they cover themselves well with the paperwork. Trying to beat them now will cost you far more than you'd ever get back unfortunately. It may be time to pick one of the less than great choices you have and moving on.

 

[HtownRose]

My sympathies too, Shawn. I haven't been here long but am sure everyone here would be thrilled for you if you were able to get out of your predicament. Most of us have been lied to in the sales presentations & owner updates.

The only other idea I can think of other than get a lawyer is go to your local tv news if one of them has a consumer advocate a la Houston's late great Marvin Zindler. Or maybe a San Antonio station would be even better ~ tourism is a huge part of their economy & it reflects poorly on the Alamo City that visitors are being taken advantage of ~ a Wayne Dolchefino style undercover sting would be awesome!

 

[shawn]

I thinkin of something like custers last stand. Ha ha! or for sure Rember the Alamo!

Well I will just have to wait to see what is going to happen they have esclated this to consumer affaires legal and no one will discuss anything untill a decision has been made 3 to 5 business days. I was told the only contact that will be made form here on will be thourgh mail. IDK if I will ever here anything or if they will just wash their hands of my complaints. I may never even be able to get reservations or have any good thing from them after all the stink. I may have not only ruined my life but own something they will not let me use if I cannot get out of it.

 

[glypnirsgirl]

Two things in your posts stand out to me. The first is that you were driven away from where you were staying and had no transportation to get back. The second is that you attempted to leave several times and were not allowed to do so.

On a criminal level, that is kidnapping.

On a civil level, it is duress.

Signing a contract under duress IS a good legal basis for the contract to be void. And it sounds to me that you have good facts for proving up a case of duress.

Because the sales process occurred in Texas, you will need a Texas lawyer. Contracts are not my field. I would file a complaint with the Attorney General of the State of Texas, Greg Abbott. He has a consumer affairs division that is pretty good. That division is headquartered in Austin.

Just my 2 cents.

elaine

 

[shawn]

I would like to know if there is anyone that has caused a mess and then had to lay in it? will I be black balled and everytime I try to make reservations will theytell me there no rooms and make my stay a complete and miserable time from here on. (if what everyone is telling me is impossible) Have I created lose lose situation? If they tell me Tuesday that they are not going to let me out of this.