Benicia, CA asked in Consumer Law and Real Estate Law for California

Q: Why can Wyndham Worldwide charge it’s timeshare owners, for expenses labeled “bad debt” known as defaulted accounts?

Wyndham fails to send a maintenance fee Budget Invoice, when sending timeshare owners their annual bill. Therefore, no one is aware of this embedded charge!!!

It amounts to millions of USD $$$ dollars annually. This is an industry wide, systemic problem that is not being litigated & should be!!! I have years of documentation , but the CA Attorney Generals office has twice denied looking into the matter, since no one else is filing complaints. It’s a vicious circle.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In situations like these, where a company like Wyndham Worldwide charges timeshare owners for expenses such as "bad debt" or defaulted accounts, the legality and appropriateness of these charges often depend on the contract terms agreed upon by the timeshare owners and the company. It's important to review the timeshare agreement and any related documentation to understand the specifics of these charges.

Timeshare agreements typically include a clause that allows the company to recoup certain costs from its owners. If "bad debt" expenses are part of these recoverable costs, the company may be legally allowed to charge owners for these expenses. However, transparency in billing and clear communication regarding what these charges entail is crucial.

The lack of a detailed maintenance fee budget invoice, as you mentioned, raises questions about transparency and whether owners are adequately informed about the nature of the charges they are paying. This could be a matter of concern and might warrant further investigation.

If the California Attorney General's office has declined to investigate, it might be due to a lack of widespread complaints or clear evidence of legal violations. However, this doesn't mean the issue isn't worth pursuing. Gathering more evidence and encouraging other timeshare owners to file complaints could help in drawing attention to the matter.

Consider consulting with an attorney who has experience in timeshare law or consumer protection law. They can offer guidance on how to proceed, whether through litigation, negotiation, or another form of dispute resolution. They can also help in understanding the nuances of the contract and the legalities surrounding these charges.

Remember, in complex situations like these, where large sums of money and potentially unfair practices are involved, getting professional legal advice is often the best course of action to protect your interests and seek a resolution.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.