PALM SPRINGS, Calif., April 15, 2021 / PRNewswire / – California Judge Rules, Wyndham must comply.
Mitchell Reed Sussman Attorney at Law (PRNewsfoto / Mitchell Reed Su Law Firms)
Judge Rules Timeshare must comply with California DRE regulations.
In one of the many lawsuits brought by the law firm from Mitchell Reed Sussman & Associates v timeshare developer Wyndham and its affiliates, Drake v Wyndham, Orange County Supreme Court, Case No. 30-2019-01082041-CU-FR-CJC, a California The judge recently issued a preliminary ruling based on a motion from the Sussman law firm. The motion requested an order that Wyndham was bound by the California Department of Real Estate regulations.
in the California The Department of Real Estate and the Attorney General are consumer protection agencies that protect consumers from sellers such as Amber Chisolmwho convinced Woodward and Joann Drake The timeshare interest they would acquire from Wyndham Resort Development would be easily traded or sold.
Chisolm, a real estate agent who worked for Wyndham, also convinced the Drakes that when booking at any of Wyndham’s resorts they would have priority over non-timeshare owners. According to the Drakes, nothing could have been further from the truth.
“The Drakes were very upset that an agent who works for Wyndham would make things they knew were wrong,” says the real estate attorney Mitchell Reed Sussmanwho has specialized in sourcing releases for tens of thousands of timeshare owners for the past fifteen years. Unlike many lawyers, however, Sussman is not afraid of bringing these mammoth corporations to justice.
“Wyndham’s response was that the Drakes’ contract would replace any CalDRE or attorney general,” Sussman explains. “However, no one, not even Wyndham, is above the law.”
Although Wyndham’s Worldmark and Club Wyndham timeshares are more like points and credits than “real estate” in themselves, they are still regulated by the California Department of Real Estate, according to Sussman. Wyndham denied this, however, and a decision was made by a California Judge to solve the case.
The story goes on
“If you are a resident of California You are protected by these laws no matter where you buy your timeshare, “says Sussman.” And if you are not a resident California, but you bought a timeshare here, you are still protected by our real estate laws. To the extent that timeshare contracts try to bypass the law, they are not worth the paper they are printed on. “
In the case it was alleged that the Drake’s contract was caused by fraud and that its terms could not be enforced. Literally the day after the judge’s decision, and to nobody’s surprise, the case was settled. At Wyndham’s request, the settlement terms will be treated confidentially.
About Attorney Sussman
Mitchell Reed Sussman has worked in real estate and insolvency law for over 40 years. Top rated by the BBB, he is widely recognized as the preeminent timeshare cancellation advocate. His website www.timesharelegalaction.com informs the public about the pitfalls and hidden dangers that prevail in the timeshare industry.
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