Wyndham Contract - Docusign issue

[Yellowdaisy1979]

Number 1 myself and the hubby aren't PC savy. So we went to a presentation in Dec 2019. Over 30 days now. We wanted time to think and talk it out because we were on vaca with the kids and mother in law. We left not signing the contract. So the rep sent it to us Docusign to review. I opened it and left it alone. We told him were werent that interested but needed time to review the 45 page document. I'm busy and at work by this time. So he texts my husband that the contract is voided. I guess he is pissed at us at this point. So I get another docusign email, I respond and state it is voided based on the reps statement and we no longer habe ANY interest. At some time I finally log in, review it (not realizing I'm SIGNING) as he states it was voided. So now I get this statement in the mail. Number 1 I do paperless billing. After many calls realize we HAVE purchased and mow out of the window. I just sent an email back to the lady. Contacted a lawyer to see if I can get out. Any suggestions as we did not realize we were actually signing and I have proof the rep stated it was voided and I did, too? Any helpful thouvhts and suggeations would be appreciated. Anyone in corporate I can call, file a grievance? I'm so upset. I appreciate it.

 

[Iggyearl]

Docusign normally requires that you use your own signature to start the signing process. Then you check a number of boxes that say "sign" and the consent is assumed. I don't know how many "consents" were in the contract, but you should have remembered checking a bunch of boxes. I recently did a docusign with Merrill Edge, where they filled in my name and I checked the box as "consent." (beneficiary change)
I would go directly after the sales person quickly as you and he know where you stand. If possible, I would confront him in person. Plus, was your husband a party to this process? For a husband and wife to purchase a timeshare, both purchasers need to sign (Docusign) the contract. You know, and the salesperson knows that this is baloney. I would be very proactive. He deserves a kick in the nuts.

 

[Yellowdaisy1979]

Docusign normally requires that you use your own signature to start the signing process. Then you check a number of boxes that say "sign" and the consent is assumed. I don't know how many "consents" were in the contract, but you should have remembered checking a bunch of boxes. I recently did a docusign with Merrill Edge, where they filled in my name and I checked the box as "consent." (beneficiary change)
I would go directly after the sales person quickly as you and he know where you stand. If possible, I would confront him in person. Plus, was your husband a party to this process? For a husband and wife to purchase a timeshare, both purchasers need to sign (Docusign) the contract. You know, and the salesperson knows that this is baloney. I would be very proactive. He deserves a kick in the nuts.

 

[Yellowdaisy1979]

Thank you for respo doing. It did do all that. Then my hubs told me he got something and I logged I to his email and reviewed the same. So I actually, to think about it, he didn't sign if so. I did....ugh. I dont know. I thought I was reviewing. I'm an ass.We figured all this out today only because we got these cards in the mail and had to go contact Wyndham to understand what was going on and why we have this bill. I'm so confused. I'm going to call them in the morning and also speak to the facility to see what happened. He totally screwed us and I feel like a total idiot! I have the texts and I email to say he voided it.....Im so distraught.

 

[TheTimeTraveler]

Thank you for respo doing. It did do all that. Then my hubs told me he got something and I logged I to his email and reviewed the same. So I actually, to think about it, he didn't sign if so. I did....ugh. I dont know. I thought I was reviewing. I'm an ass.We figured all this out today only because we got these cards in the mail and had to go contact Wyndham to understand what was going on and why we have this bill. I'm so confused. I'm going to call them in the morning and also speak to the facility to see what happened. He totally screwed us and I feel like a total idiot! I have the texts and I email to say he voided it.....Im so distraught.

Not sure where you live, and the date which you signed, but you "may" be within your legal right to RESCIND......

You should investigate further, and if you are within the correct time frame then you should rescind immediately and be done with it once and for all. DON'T Waste any time on this as "time is of the essence" in order to legally rescind. The key will be the date you purchased and the date you rescind.

Should you be within the legal time frame to rescind then you should send a rescission letter via USPS Certified Mail and get it postmarked ASAP. The date on the postmark is the actual day of rescission (it doesn't matter how long it takes for them to actually receive it as long as you have had it Postmarked within the legally allowed time frame).

I'm sure others will post opinions.

Best of luck!




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[Grammarhero]

Number 1 myself and the hubby aren't PC savy. So we went to a presentation in Dec 2019. Over 30 days now. We wanted time to think and talk it out because we were on vaca with the kids and mother in law. We left not signing the contract. So the rep sent it to us Docusign to review. I opened it and left it alone. We told him were werent that interested but needed time to review the 45 page document. I'm busy and at work by this time. So he texts my husband that the contract is voided. I guess he is pissed at us at this point. So I get another docusign email, I respond and state it is voided based on the reps statement and we no longer habe ANY interest. At some time I finally log in, review it (not realizing I'm SIGNING) as he states it was voided. So now I get this statement in the mail. Number 1 I do paperless billing. After many calls realize we HAVE purchased and mow out of the window. I just sent an email back to the lady. Contacted a lawyer to see if I can get out. Any suggestions as we did not realize we were actually signing and I have proof the rep stated it was voided and I did, too? Any helpful thouvhts and suggeations would be appreciated. Anyone in corporate I can call, file a grievance? I'm so upset. I appreciate it.

We have a report of someone who rescinded one day late but angrily told Wyndham he would contact the AG. Wyndham eventually cancelled. Definitely do save and send the texts. What state did you purchase? Is the Wyndham TS CWP or CWA? The signing requirements differ by state. Mind sharing the contract price?

 

[chapjim]

Been a while since I took Contract Law but I'm pretty sure you can't accept a voided offer. I'd tell them to kiss my whatever or sue me.

 

[Grammarhero]

Been a while since I took Contract Law but I'm pretty sure you can't accept a voided offer. I'd tell them to kiss my whatever or sue me.

Wonder if promissory estoppel or enforcing an agent’s voided contractual terms are two legal issues.

 

[chapjim]

Wonder if promissory estoppel or enforcing an agent’s voided contractual terms are two legal issues.

Promissory estoppel doesn't fit the fact pattern at all. If there's an agent issue, it is Wyndham's. Wyndham's agent wrote the contract and should have the authority, express or implied, to void it.

If I make an offer and before it is accepted communicate to the offeree that the offer is void, there is no offer. If OP still has the text voiding the offer, it should be a slam dunk.

 

[TheTimeTraveler]

Number 1 myself and the hubby aren't PC savy. So we went to a presentation in Dec 2019. Over 30 days now. We wanted time to think and talk it out because we were on vaca with the kids and mother in law. We left not signing the contract. So the rep sent it to us Docusign to review. I opened it and left it alone. We told him were werent that interested but needed time to review the 45 page document. I'm busy and at work by this time. So he texts my husband that the contract is voided. I guess he is pissed at us at this point. So I get another docusign email, I respond and state it is voided based on the reps statement and we no longer habe ANY interest. At some time I finally log in, review it (not realizing I'm SIGNING) as he states it was voided. So now I get this statement in the mail. Number 1 I do paperless billing. After many calls realize we HAVE purchased and mow out of the window. I just sent an email back to the lady. Contacted a lawyer to see if I can get out. Any suggestions as we did not realize we were actually signing and I have proof the rep stated it was voided and I did, too? Any helpful thouvhts and suggeations would be appreciated. Anyone in corporate I can call, file a grievance? I'm so upset. I appreciate it.

SAVE that text that the salesperson claims the "contract is voided". How can it be valid if the seller has told you it is voided? Interesting situation.




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[Yellowdaisy1979]

Thank you all for your time. So I have screen shot his messages to my husband voiding the contract. Mind you though, I signed after this like an ass thinking it was a review. Also they kept sending the same docusign a zillion times.

 

[Grammarhero]

Thank you all for your time. So I have screen shot his messages to my husband voiding the contract. Mind you though, I signed after this like an ass thinking it was a review. Also they kept sending the same docusign a zillion times.

We hope the rescission went well. Mind sharing an update and the rescinded amount?

 

[theo]

This unfortunate, muddy situation raises an interesting (to me) rescission-related question, whose answer I do not claim to know:

The state in which a contract is executed is generally the state whose rescission law and cancellation time period applies. For example, if you execute a contract while in Florida, even if you reside in Massachusetts (which has a paltry 3 days rescission period), Florida's 10 day rescission period applies. If you execute a contract while in Massachusetts, their 3 days rescission period applies, even if you reside in Tennessee (where the rescission period is 10 days). And so on. With all this mind.......

Which state's rescission law / time frame would apply in a "cyberspace Docusign" situation like the one at issue here???

 

[Yellowdaisy1979]

So an update. Talked to Melissa from Cares today. She was not even hearing it. She said we were provided by a Pen drive?? How were we provided with a pen drive and the documents when I was in Virginia and already left the state of Tennessee? We hadn't signed anything at that point??? She said we had ample time BUT we did not know we actually signed. I don't know what to do. We've paid 7 years on the original. I want to keep it but do not want this new contract. Any ideas of what to do? Who to email? We have a consult with an attorney tomorrow. But I don't want to get swindled out of that money either. I just want everything like it was before. Anyone know any legality information with DocuSign or voiding a contract via text message. I'm calling again tomorrow. I want someone to actually listen and understand. I emailed everyone on the web and possibly Brown's email. Got it on the Elliott website. Any suggestions......I'm in a pickle. Thanks everyone! Y'all are wonderful! Also, rmemeber. I'm 10 days past the point of taking it back..obviously.

 

[Grammarhero]

So an update. Talked to Melissa from Cares today. She was not even hearing it. She said we were provided by a Pen drive?? How were we provided with a pen drive and the documents when I was in Virginia and already left the state of Tennessee? We hadn't signed anything at that point??? She said we had ample time BUT we did not know we actually signed. I don't know what to do. We've paid 7 years on the original. I want to keep it but do not want this new contract. Any ideas of what to do? Who to email? We have a consult with an attorney tomorrow. But I don't want to get swindled out of that money either. I just want everything like it was before. Anyone know any legality information with DocuSign or voiding a contract via text message. I'm calling again tomorrow. I want someone to actually listen and understand. I emailed everyone on the web and possibly Brown's email. Got it on the Elliott website. Any suggestions......I'm in a pickle. Thanks everyone! Y'all are wonderful! Also, rmemeber. I'm 10 days past the point of taking it back..obviously.

Would you kindly let us know the update? You are in a bad situation, but the screenshots may be your saving grace.

 

[Braindead]

So an update. Talked to Melissa from Cares today. She was not even hearing it. She said we were provided by a Pen drive?? How were we provided with a pen drive and the documents when I was in Virginia and already left the state of Tennessee? We hadn't signed anything at that point??? She said we had ample time BUT we did not know we actually signed. I don't know what to do. We've paid 7 years on the original. I want to keep it but do not want this new contract. Any ideas of what to do? Who to email? We have a consult with an attorney tomorrow. But I don't want to get swindled out of that money either. I just want everything like it was before. Anyone know any legality information with DocuSign or voiding a contract via text message. I'm calling again tomorrow. I want someone to actually listen and understand. I emailed everyone on the web and possibly Brown's email. Got it on the Elliott website. Any suggestions......I'm in a pickle. Thanks everyone! Y'all are wonderful! Also, rmemeber. I'm 10 days past the point of taking it back..obviously.

I think the problem here is that you have x amount of days to sign DocuSign or it’s voided-expired. That’s what the salesman is talking about.
Then they sent you a new DocuSign that you executed. That’s the problem your in whether it was a mistake or not. Many after the rescission period would claim it was a mistake but their stuck with a contract they now don’t want either just like you

 

[theo]

Anyone know any legality information with DocuSign or voiding a contract via text message.

I've previously raised my own (unanswered) question above about "DocuSign jurisdiction" --- but got only crickets in response.

That point aside, I think it's safe to say with great confidence that "voiding a contract via text message" is a non-starter, legally and / or conceptually. That is not even close to "rescission in writing and under signature" and the origins of (i.e., the identity of) any entity sending a text message is not even actually "verifiable" in the final analysis. As an extreme example, If your dog had good motor skills and could pick up your smartphone and type, he could even send a text pretending to be you, attempting to "void that contract" to avert the prospect of having to endure more kennel time if you traveled more.

You are caught between a rock and a hard place, but maybe a tough minded and very assertive attorney can browbeat the other side into relenting and voluntarily letting you out of the new contract, even if only to avoid a potential "public relations" nightmare if the matter was to somehow get significant "media exposure" as a consumer protection "issue" of potential public interest. Good Luck!

 

[Braindead]

I've previously raised my own (unanswered) question above about "Docusign jurisdiction" --- but heard only crickets.

That point entirely aside, I think it's very safe to say with confidence that "voiding a contract via text message" is a non-starter, legally or conceptually. That avenue is not even close to "in writing, under signature" and the origins of (i.e., identity of) any entity sending a text not that easily "verifiable". If your dog had good motor skills and could pick up your smartphone and type, he could send that text attempting to "void a contract", seeking to avoid more kennel time if you chose to travel more.

When I purchased from Wyndham via DocuSign the rescission period went off the state I was in while executing the documents

 

[Grammarhero]

I've previously raised my own (unanswered) question above about "Docusign jurisdiction" --- but heard only crickets.

That point entirely aside, I think it's very safe to say with confidence that "voiding a contract via text message" is a non-starter, legally or conceptually. That avenue is not even close to "in writing, under signature" and the origins of (i.e., identity of) any entity sending a text not that easily "verifiable". If your dog had good motor skills and could pick up your smartphone and type, he could send that text attempting to "void a contract", seeking to avoid more kennel time if you chose to travel more.

You heard crickets because none of us are equipped to answer the question. @chapjim and I are both barred lawyers. Only a licensed attorney in the bar of the state in which the TS contract was signed can answer the question. Everyone else opinions, including mine, don’t really matter.

 

[theo]

When I purchased from Wyndham via DocuSign the rescission period went off the state I was in while executing the documents

This makes perfect logical sense, but would seem difficult to verify. For specific example, if seeking online "privacy" I chose to send electronic communications using a Virtual Private Network (VPN), my IP address (supposedly identifying my "location") could very easily appear to be in South Africa, while I sit typing somewhere in South Carolina --- or vice versa.

Cyberspace is a very tricky place, an "ether" about whose legal complexities I am personally and admittedly almost completely clueless.

 

[theo]

Only a licensed attorney in the bar of the state in which the TS contract was signed can answer the question.

I don't believe that this issue is at all simple or clear cut, license / state bar membership notwithstanding. A specific example and hypothetical scenario provided in post #20 above elaborates further on just one of many potential legal wrinkles and complexities.

 

[Braindead]

This makes perfect logical sense, but would seem difficult to verify. For specific example, if seeking online "privacy" I chose to send electronic communications using a Virtual Private Network (VPN), my IP address (supposedly identifying my "location") could easily appear to be in South Africa --- while I sit typing in South Carolina, or vice versa.

Cyberspace is a very tricky place, an "ether" about whose legal complexities I am personally and admittedly almost completely clueless.

We were asked if we were home in the state of our residence. We replied yes we were so our rescission period was based on our state of residence.
I suppose one could play tricks with that but we didn’t