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ROFR Thread January to March 2019 *PLEASE SEE FIRST POST FOR INSTRUCTIONS & FORMATTING TOOL*

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We signed ours 1/14 but received confirmation on 1/16 from our title company that it was sent to Disney for ROFR.
i had to sign an addendum, do the 30 days start from that date? the broker made it seem like they found the mistake yet it was after i got the email confirming it had been sent to disney... so did disney pick up on the error(if they did does this mess with my chances) or did the broker and what does that mean for my 30 days is it 16th when it was "submitted" or the day the addendum was signed the 18th???
 


i had to sign an addendum, do the 30 days start from that date? the broker made it seem like they found the mistake yet it was after i got the email confirming it had been sent to disney... so did disney pick up on the error(if they did does this mess with my chances) or did the broker and what does that mean for my 30 days is it 16th when it was "submitted" or the day the addendum was signed the 18th???

We had to sign an addendum as well. We submitted on the 17th and got the request for the addendum on 2/1. For ours I think an initial review of the paperwork revealed the mistake on ours. Our broker told us it should not impact our place in line for ROFR as long as we signed and returned the addendum quickly, but one really never knows.
 
i had to sign an addendum, do the 30 days start from that date? the broker made it seem like they found the mistake yet it was after i got the email confirming it had been sent to disney... so did disney pick up on the error(if they did does this mess with my chances) or did the broker and what does that mean for my 30 days is it 16th when it was "submitted" or the day the addendum was signed the 18th???

My contract was submitted on the 14th and I'm still waiting. I had to sign an addendum on January 17th and another on January 22nd. I'm hoping the addendums are what's slowing this down but my broker said it didn't change the submission date.
 
i had to sign an addendum, do the 30 days start from that date? the broker made it seem like they found the mistake yet it was after i got the email confirming it had been sent to disney... so did disney pick up on the error(if they did does this mess with my chances) or did the broker and what does that mean for my 30 days is it 16th when it was "submitted" or the day the addendum was signed the 18th???

Was just told today that our addendum DID start our timer over.
Submitted originally on the 8th, addendum on the 15th. Should get word tomorrow or Monday.
 
Most of the time, if the Seller doesn't sign the final paperwork, or if the Seller changes their mind, the Seller still has to pay the brokerage their Sales Commission.

In most Real Estate contracts, it doesn't specify that the sale must be complete, for the broker to get their money. It only specifies that the broker must produce a client who is, "Ready, willing and able," to purchase. If there is such a client trying to purchase and the seller backs out for any reason, then the broker still gets paid because they have done their part. If it were not so, then there are many people who would put property on the market, just to see what kind of price they got. And if they got a really good price, maybe they would sell, but if they only got an average price, then they would back out of the sale.

Provisions like these, about "Ready, willing and able," are to protect the broker from exactly that kind of problem. It doesn't usually require legal recourse on the part of the broker. The seller will already have signed contracts stipulating this. However, for you as a purchaser, you probably have little recourse, since a sale isn't done until it is done. At any time up until then, the seller can usually back out, UNLESS they already have OTHER contracts and agreements in place to force compliance, because, for instance, they previously signed a contract stipulating that they WOULD sell the property.

I actually had a seller back out of a deal after I had sent in the signed paperwork and while technically it is true that the seller is responsible to still pay the commission, the agent told me that they very rarely go after the seller to try and get that commission. Just too much hassle with sellers being anywhere in the work.
 
I cannot thank you enough for keeping this thread. We just made an offer today on our first DVC Resale. All the info from this board helped us make the decision confidently. We felt like it was a good contract at a fair price. I will post when it goes to ROFR.
Good luck
 
@SimbaAndSparkles - can you tell if the seller is distressed? The VGF contract we bought, the owner was under water and I think it was bought or foreclosed by the mortgage company (which was the seller on our deed). If so, you should be in good shape because that usually means Disney has had a chance to acquire it already (for a lot less than you'd be paying), and they chose not to.
how can you tell if seller is distressed?
 
Day 30... I’ll be very surprised if we hear anything today as Fridays are usually quiet. Not heard from my broker yet after I emailed.

I will probably still keep checking emails all the same.
 
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