Concern about cancelling Wyndham contract

[fpb2011 Junior Member Find all posts View Profile Close fpb2011]

Hi there,
My wife and I attended a Wyndham presentation last Tuesday morning in Waikiki on Oahu. We decided rather hastily at the end to purchase a 154000 point plan every other year for property nearby. Later that day my wife and I, having each thought about it, came to the same conclusion that this wasn’t for us. We signed the cancellation of contract paper and included a copy with the material that was given to us and left it at the hotel desk to be picked up the next day by a Wyndham representative. I also sent a copy of this signed paper to their contract department in Nevada as it instructed. The package was picked up from the desk by Wyndham. However my concern now is that the cancellation paper says that I should have sent all materials to their contract office in Nevada which I did not – I returned them to the sales office as described above. I don’t think the contract was complete as we had missed initialing in a couple of areas on the contract. These papers were left in our hotel room during the day while we were out. Needless to say we didn’t sign them. Please excuse this long winded story – but my question is – have we successfully cancelled the contract? I have just noticed the charges to my American express card and I’m a little worried,

Thanks for and comments,
Paul

[Jya-Ning Silver Contributor Find all posts View Profile Close Jya-Ning]

If you have the mail receipt, you cancelled it.

If you don't, than it will all depend on the regional sale manage.

Jya-Ning

[fpb2011 Junior Member Find all posts View Profile Close fpb2011]

I don't have the mail receipt - I just sent it regular mail. However I will send it again by registered mail today and get a receipt.
thanks for the comment!!
Paul

[carlroyer Junior Member Find all posts View Profile Close carlroyer]

Letter

Make sure you both sign it!

[fpb2011 Junior Member Find all posts View Profile Close fpb2011]

Yes - we have both signed and dated it.

[carlroyer Junior Member Find all posts View Profile Close carlroyer]

Fingers crossed

I really hope they accept the first letter. You may want to call them and see if they got your letter that you sent previously... If not, you may have missed the deadline by a few days. Hawaii has a 7 day right to rescission. Also check and see what the cancellation terms show. Does it state to send via certified USPS mail? If not, then act like a timeshare salesman, and tell them that you're pretty sure you have a photocopy of the envelope with the postmark... Ya, sort of a white lie (being pretty sure is not saying "I have"). Regardless, I'd call and see if they verify that they recieved it. Or send your salesman an e-mail and ask him to verify. Tell him you believe your attorney will ask you that when you meet with him, and that you want to make sure you have given Wyndham every opportunity to do the right thing on your behalf!

And while we are on the subject of cancellation... I do not understand why you have to cancel these in NV, when they are governed by Real Estate law in the state the contract was issued. That to me is a questionable practice that may be able to be fought in court. Simply bringing the letter and starter kit back to the representative at the resort you signed it should be legal and binding, as long as you can verify that they recieved it.

HAWAII Hawaii state law requires the purchaser to have a seven-day right of rescission of any time-sharing sales contract. Hawaii law also outlines specific guidelines for developers, acquisition agents, and sales agents of timeshare units, providing that failure to fully disclose certain actions as sales solicitations constitutes unfair and deceptive business practices. The law is also quite severe with respect to seller misrepresentations.

[fpb2011 Junior Member Find all posts View Profile Close fpb2011]

carlroyer,
Thanks for the comment. I am still in the window for cancellation as we just signed the contract on Tuesday - that was three days ago. The cancellation page says I must send it back to this post office box in Las Vegas Nevada by May 3rd. I just sent it registered overnight and have a tracking number. I have verified from the sales manager in Waikiki that she indeed did receive all of the materials and I mentioned all of this in the cover letter I sent with the signed contract cancellation page. The cancellation page just says I must mail or deliver the paper to their address - it doesn't dictate how it must be mailed. I really don't think that the contract can be binding anyway since my wife and I didn't sign (initial) in a couple of places as we should have (they missed it).

I at first thought that sending the materials back to the sales office was sufficient - all of this other stuff (mailing to Nevada) is just to cover my bases and make me feel better. I did notice that the money was taken out of my American Express account today. The cancellation paper says that they will refund my money within 15 days. So I'm now waiting.

[fpb2011 Junior Member Find all posts View Profile Close fpb2011]

There is a new development.
I sent the cancellation letter Friday by registered overnight and it arrived Saturday morning. However since there was on one at the post office box to sign for the letter (duh) the post office put a note in the box saying the letter is available for pickup. This is not what I wanted to happen but it did. My question is - now what? Has the letter been officially ben delivered by the Tuesday night midnight deadline? I mean they don't have to pick up the letter even though they have the note saying it's there. Maybe I'm being paranoid but I thought I would ask you all.

thanks for any input,
Paul

[taffy19 Gold Contributor Find all posts View Profile Close taffy19]

Don't worry as you have it date stamped during your legal time of the rescission period. It doesn't matter if they pick it up tomorrow or two weeks from now. You are fine.

Did you keep a copy of all your signed documents, just in case, but I doubt if you will need it if you dealt with a big developer like Wyndham or any of them in this country.

They would be in trouble if they tried not to let you rescind your contract if you requested it on time.

[chellej Senior Member Find all posts View Profile Close chellej]

You could also start a dispute for the charges on the credit card

[fpb2011 Junior Member Find all posts View Profile Close fpb2011]

I just got to work and had this e-mail waiting for me from the Waikiki Wyndham sales office:

Aloha,

This is to confirm that we have processed your notice of cancellation. Mahalo,

So I think all is well and that the contract has or will be canceled.

-Paul

[carlroyer Junior Member Find all posts View Profile Close carlroyer]

They got my letter today

Paul: Mine also was at the PO on Saturday, and the notice showed that they had been notified. So I checked a few times today, and same thing. Well, just got the e-mail notification that it has been recieved. Now, I also sent a copy and coverletter to their Financial Services in LV, as well as their owner relations in Orlando, and the sales office in Sevierville, TN. As of today, all 4 letters (as well as the owner starter kit sent to LV), has been recieved.

Also recieved on my end is the credit card statement with part of the down payment, and the notice from the Pay Later, that is asking for me to register. As soon as I get the paperwork on that, I have to watch and make sure it gets credited ASAP.

Best of luck on your end!

Carl

[fpb2011 Junior Member Find all posts View Profile Close fpb2011]

Carl,
Thanks for the note - sounds like we have pretty similar stories. Like you I hope we both get out money back - and I think we will.

[carlroyer Junior Member Find all posts View Profile Close carlroyer]

Paul: They reposted the La Belle Maison TS we traded in towards the new TS. So that's good news.

So while we are at it, if you did really enjoy Wyndham, you have a few options other then buy from Wyndham. Of course, everyone on the forum talks about secondary market. I actually have purchased 2 properties this way, and it has worked fine. Paid $1 for one, and $103 for the other. Right now, just about anything you want, you can get for $1. Things to watch out for is how much is Maintence. Unless you really want a home resort with ARP (advance reservation privilege), it doesn't matter what resort you buy. Also, I'm seeing the Club Access points being posted on E-bay now, which gives you ARP at like 40 resorts now. Just check the cost per 1000 points. The more popular year round the resort, the better the rates usually, as you are not maintaining the cost of empty units.

And, and this is really interesting. Consider just renting by the week from e-bay posters. You can get a week at most great resorts, prime time in fact, for around $100 or so bucks a night! Larry Sims posts usually 20 - 30 weeks available, and all are under $1000. He gets reservations from VIP members, who can reserve within the 60 day window at 50% off, and then he resells them at very fair prices. I think he's on their as fairfieldlarry or something like that...

I am leaning towards the latter if I need a week. One other option is to just post on the forum that you want a week. I'm sure people with lots of points will cut you a deal! Just as an example... If a 2 BR unit is say 184K points, paying $5 per K is only $920, plus guest pass, you are in for less then $1000! Cheaper then paying $40K for the 184K point timeshare!!!

Good luck! Carl