Buying, Renting, and Selling Timeshares

Wyndham timeshare any way to stop the contract?

Jan 30, 2020

Well, Currently I made that mistake and got stuck in one of these.

However Things to note:

1. The Salesperson falsefied my credit check application, including my girlfriends salary to make my salary look larger. a. We live in 2 different states.

Granted I called and made this complaint, which they found unwarranted....

So ...I simply have not paid. I made a complaint to commenity bank about the fraud.

I had signed a pre-auth form for Direct Deposit, however they cannot do so without a current signature, which I have not signed. At this point I have only paid 90$ when I was at the resort in Wisconsin Dells. Since they cannot communicate with me, and I have not returned a call, they cannot report me for non-payment, because nothing was started nor was anything missed.

...it does stink..but this seems to be the only way .


Andrew S.
Apr 20, 2020

Finally Got my Rescission Letter From Wyndham.

How did I get out ?

The laws stipulate you can cancel, but you only have 5 days to cancel at the office you opened it in, and 10 days to send a written letter to their Florida Legal Dept. Something they don't ever highlight and bring it to your attention, its more read through speedily .

They are in a hurry to get you to sign, The sales person I worked with, had taken my GF salary and included it onto my Credit check. Which was how I got this line of credit When I made this complaint, it was ignored as well.

I called Comenity Bank which is who they get this account with. - Told them my information was falsified - they did a credit check and cancelled the account.

When you sign with Wyndham, they take what is called a " Pre- Auth check " , since I did not carry a check with me, I was sent an email with the Authorization form for my bank...To which I never signed.

They called me daily, I never answered, and after months of no recourse, They closed the account.

Do what you have to do to get out, assuming this is what happened to you.


Andrew S.
Apr 20, 2020

once you start paying for it .. you are in a tougher spot. Because everything is accrued, with me they had no recourse no way to debt my account and no information. did they falsify the credit check?

You can close your account at the bank, they will keep trying to pull money from it. your fees may go up.. your credit may be affected..but if that's the only way to get it done, it was the way I was headed.


Andrew S.
Apr 22, 2020

What about your credit? Doesn't it affect your credit tremendously?


Kimberly C.
Jan 04, 2021

My mom and I were tricked into becoming Wyndham “owners”. We are 3 days past our cancellation period we did not know about. What can we do to cancel or not pay anything to them? Note: we have not made any purchases since becoming members. It’s only been 1 week and a half. Please help!!!


James D.
Jan 05, 2021

Contract rescission (cancellation) rights are provided by state law, not by developer kindness. Notification of those rescission rights was provided to you, in writing, at the time of contract execution, so there is no use in claiming a week and a half later that you "did not know".

You are technically too late to rescind (cancel) the contract in the time frame identified by state law, but you should still immediately submit a cancellation attempt in writing and send it by certified U.S. Mail. The instructions and address for contract rescission are clearly identified within the materials given to you at contract execution; materials which you seem to have now belatedly discovered.

You might get lucky and Wyndham might accept and process your late rescission attempt, but you won't know if you don't at least try.

Everything in this effort must be done in writing. Do it NOW, without any further delay. Do not bother making phone calls or sending emails, as those forms of communications are legally meaningless and useless in a contract matter. Good Luck!


KC

Last edited by ken1193 on Jan 05, 2021 05:43 AM

Jan 05, 2021

Also how bad it will affect my credit score if it’s only been 1 week and my first payment is next month and I make the attempt to get it closed?


James D.
Jan 05, 2021

A couple of questions. First, what was the original contract price? How much did you put down?

As for wondering how badly it will affect your credit score or rating, that depends on the lender (Wyndham itself or a third-party lender) and how much you owe. If you are worried about how it will affect you credit score or rating, then you have to decide if paying off this loan is worth it to you to keep your credit score intact.


Lance C.
Jan 05, 2021

Since you're only 3 days past your deadline why don't you make sure it's not 10 business days since there was a holiday and weekends involved .


Don P.
Jan 05, 2021

If the contract was executed in Florida (one of only 3 states with a rescission period as long as 10 days, along with Tennessee and one other state), it's 10 calendar days. In essence, weekend days count. Day 1 is the first day after contract execution. Even if there is a holiday exception, poster may still be past his rescission deadline. In most states, it's 5-7 days to rescind and in a few states, only 3 days.

An effort should still be undertaken immediately to submit a written rescission (cancellation) attempt. Poster might just get lucky...


KC

Last edited by ken1193 on Jan 05, 2021 01:49 PM

Jan 06, 2021

how to cancel Wyndham timeshare contract: It is recommended to send your cancellation request in writing. Although the state law may allow you to cancel your contract orally, still, experts suggest to prepare and send a timeshare cancellation letter to the seller.


Mohit V.

Last edited by phyl21 on Jan 06, 2021 11:46 AM

Jan 06, 2021

You don't necessarily send it to the seller. The contract should clearly state where the letter should be sent. With Wyndham, it is likely Wyndham's head office but again, check the instructions in the contract.

As for cancelling the contract orally, that is shaky ground. The reason for sending a letter certified mail with a receipt requested is for proof that it was sent just in case there is a dispute as to whether it was sent or not. Besides, trying to contact the sales people orally will likely lead the sales people to twist your arm into changing your mind about rescinding.

The big question hanging over the buyer's head now is Will Wyndham accept this rescission request even though it was sent past the 10-day rescission period. It certainly doesn't hurt to try.


Lance C.
Jan 06, 2021

To correct / clarify some unfortunate misinformation provided above by Mohit V. in regard to cancelling a timeshare contract:

1. A timeshare purchase contract can neither be initiated nor rescinded (cancelled) "orally". Contract execution or cancellation must be accomplished in writing and under signature --- and within the time frame specifically identified by the law in each individual state. NO state law in existence authorizes "oral" initiation or cancellation of a timeshare contract. Contract execution and / or rescission (cancellation) is a matter of law ; it does not matter one bit what unidentified so-called "experts" might suggest or recommend.

2. By law, notice of contract rescission (cancellation) rights must be provided in writing to the buyer at the time of contract execution. Sadly, too many buyers fail to read and / or act upon that information in a timely manner. Those instructions will never identify the actual point of sale (i.e., a resort) as the appropriate recipient of contract rescission correspondence. Contract rescission matters are handled and processed off site at the corporate / company offices located at a different specific address identified in the rescission rights notice. There is no involvement of the resort's on-site sales personnel in any way in the contract rescission process.

These are minor points of correction and clarification, but incorrect statements and / or unfounded speculations do not help a buyer seeking to rescind (cancel) in a proper and legally sufficient manner. Particularly when time is of the essence, you really have to get it right!


KC

Last edited by ken1193 on Jan 07, 2021 09:21 AM

Dec 12, 2021

I recently bought a timeshare with wyndham in October. Still paying the mortgage. I discovered Its hard to use because the properties are always not available plus they are charging several fees which I was unaware of at the time we signed the contract. I just want out of this nightmare. Any thoughts will be appreciated.


Esther A.
Dec 12, 2021

esthera40 wrote:
I recently bought a timeshare with wyndham in October. Still paying the mortgage. I discovered Its hard to use because the properties are always not available plus they are charging several fees which I was unaware of at the time we signed the contract. I just want out of this nightmare. Any thoughts will be appreciated.

A very few states have a contract rescission (cancellation) period of 10 days after contract execution; in most states it's 5-7 days. Wherever in the USA you signed on the dotted line, you are obviously a few months too late to cancel a contract that was executed back in October.

Frankly (...and please don't shoot the messenger here) you don't have a lot of options. With an unpaid loan balance, you cannot possibly transfer the "product" to anyone else. You likely (and wisely) don't want to pay off the loan to then only be able to dump the "product" for just a very tiny fraction of whatever you paid Wyndham. So.....you can either keep paying on the note and fees and try to use this "product" --- or you can just stop paying and face the inevitable negative credit report consequences for defaulting on the loan. It's a tough spot to be in, with some difficult decisions to make. Only you can decide upon the most palatable course of action between these two unpleasant alternatives, neither one of them very attractive.


KC

Last edited by ken1193 on Dec 13, 2021 01:13 PM

Dec 12, 2021

I will add to KC's advice above. Yes, you are in an ugly predicament right now. But whatever you do, do not go seeking the help of these companies, charities, or law firms that claim they can "cancel" your mortgage or timeshare. They are usually scams. At best, they are just going to lead you into defaulting (one of the options KC mentioned above) and you don't need to hire a law firm to "help" you do that.


Lance C.
Feb 16, 2023

If I finished paid the contract, how do I do for termínate contract?


Mario Y.
Feb 16, 2023

marioy6 wrote:
If I finished paid the contract, how do I do for termínate contract?

You cannot just unilaterally "terminate" a valid contract, but if your loan is fully paid off and your maintenance fees are fully paid up to date, you can ask Wyndham to take it back under their "Responsible Exit" program (formerly known as "Ovation"). A search through these forums will disclose the phone number to contact Wyndham to initiate the process. That being said, I don't know if Wyndham takes bacK ALL ownerships. They may (like Westgate) "cherry pick" what they will accept back but (unlike Westgate) Wyndham does not charge any fee if / when they accept a deedback. You'll need to contact Wyndham directly to find out more.


KC

Last edited by ken1193 on Feb 16, 2023 01:56 PM

Mar 23, 2023

We are Canadian and just bought. We sent in our rescind letter to the address they told us to — the wrong office in Orlando. We resent it to the correct address in Las Vegas today, 2 days late with proof that we sent the rescind letter previously. Not sure what they’ll say. Does anyone know if they can reach across the border to sue if we stop paying?


Suselle A.
Sep 12, 2023

My fiance and I are in the same mess. Signed the timeshare in phoenix and they made it sound sweet, like we weren't losing any money. Because we vacation alot before meeting wyndham but later found out how bad/awful it was, we're thinking about just get a personal loan and pay off the loan early because we are tired of dealing with wyndham. I would rather pay a different bank then them. They lied to us about alot of things and sad to say, we believe them. Especially me. We're about 1 year in to are timeshare loan and this is our first one as well. But I want to know if there is any penalties for paying off the loan early.? One of the "sells" men that we were talking to, told us will be paying interest/ penalties for paying it off early. Like around 20,000 or 30,000, I called the finance department and they told me there's no such thing. Just need some help and advice. Thx you


Josh M.

Last edited by joshm218 on Sep 12, 2023 02:01 AM


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