The law office of Mitchell Reed Sussman & Associates has filed a series of lawsuits representing timeshare owners like yourself against oppressive timeshare developers. Recent timeshare cancellation lawsuits have resulted in settlement and judgments against timeshare resorts, releasing owners from burdensome timeshare obligations as well as in some cases the return of down payments and an award of attorney fees.
For example, Attorney Mitchell Reed Sussman has filed a lawsuit on behalf of his clients, Robert Bolin and Christine Allen, a couple from California who purchased a specific deeded timeshare membership from Wyndham Resorts in August, 2017, while visiting a Wyndham timeshare property in Anaheim, California. The purchase also included 10,000 points in WorldMark. Robert and Christine allege that they were led to believe that by entering into the timeshare contract, the benefits being purchased were enough to enjoy vacations in Hawaii, their desired destination, and at their desired vacation time of the year. According to the plaintiffs, Wyndham resort told them that they were purchasing an "elite" package, which would give them priority access to Hawaii.
The lawsuit claims that when Wyndham made these representations, they knew them to be false, and were made with the intent to defraud and deceive Robert and Christine in order to persuade them to sign the timeshare contract.
In reality, however, the plaintiffs contend that the value of the vacation membership package purchased was not sufficient for Robert and Christine to gain priority access to Hawaii during their desired vacation time periods. Therefore, they were unable to make reservations during the dates in which they were able to go on vacation and had to wait almost two years to finally book their desired Hawaii vacation. They further contend that they did not in fact purchase an "elite" package, and found that the quality of the accommodations sold was of a lower quality than Wyndham led to them to believe.
After being allegedly told that they did not have enough credits to secure the vacation, a Wyndham representative purportedly advised Robert and Christine that they had to pay a premium activation fee, in addition to the timeshare cost, in order to secure the desired Hawaii vacation. Finally, after multiple attempts to book the Hawaii resort, they were able to travel to Hawaii in July, 2019, almost two years after they were sold their timeshare. According to the complaint, it was only then that they discovered that the quality of the timeshare unit was not what was represented. Also, the maintenance fees were significantly higher than originally presented by the resort.
The complaint further alleges that had Robert and Christine been aware of the true facts, they would not have agreed to enter into the timeshare contract. The complaint seeks damages punitive damages for oppression, fraud, and malice.
According to the complaint, the defendants intentionally failed to reveal and disclose and went to great lengths to suppress the following material information:
» The nature and extent of the benefits being purchased, including but not limited to the quantity of vacation credit required to secure reservations in Robert Bolin's and Christine Allen's preferred location, Hawaii, during the desired vacation periods.
» The ability and ease with which an owner may make a reservation, specifically to Hawaii.
» The nature, extent and amount of the annual increases in maintenance and association dues, which were significantly more than Robert and Christine were led to believe.
» The accommodations offered to the timeshare owners was of a lower quality than plaintiffs were led to believe.
» Wyndham failed to inform, verbally or in writing, any prospective purchaser that he or she can take as much time as he or she requires in order to read the Public Report and any and all other documents necessary to consummate a sale before leaving the premises or signing a contract.
If you are a timeshare owner who would like to exit your timeshare membership, whether you wish to sell, cancel, or donate your timeshare property, you need to have a proven legal process to get out of it successfully.