Resale Contract Closed, but not getting contracted loaded until after 7/8/2022 over 60 days from closing? Advise wanted

[RoseGold]

And this is real liability. Someone you don’t know and didn’t authorize is staying on a reservation for a property ownership you own. For free.

 

[Sandisw]

And this is real liability. Someone you don’t know and didn’t authorize is staying on a reservation for a property ownership you own. For free.

To be fair. It’s not free as the points being used were not included in the contract.

But, regardless, the contract changed hands because no delayed closing was part of it.

What is odd is that MA is the one who noticed the reservation once they received the transfer papers and they stopped the process after reaching out to broker.

That is what I would be upset about.

 

[RoseGold]

I find it interesting that Disney said 60 days, which would still be before the trip or mid-trip. How on earth is that going to work???

 

[vicarrieous]

To be fair. It’s not free as the points being used were not included in the contract.

But, regardless, the contract changed hands because no delayed closing was part of it.

What is odd is that MA is the one who noticed the reservation once they received the transfer papers and they stopped the process after reaching out to broker.

That is what I would be upset about.

Exactly! Shouldn't estoppel have caught that points were still there/aka a trip? Maybe not because they were technically being used?

This whole thing is just a mess and I am still in belief that the broker is to blame here. It is also clear that the broker is not answering emails and just hoping to run down the clock after not taking any ownership on the mistake whether it was accidental or not.

 

[Cleeevus]

Exactly! Shouldn't estoppel have caught that points were still there/aka a trip? Maybe not because they were technically being used?

This whole thing is just a mess and I am still in belief that the broker is to blame here. It is also clear that the broker is not answering emails and just hoping to run down the clock after not taking any ownership on the mistake whether it was accidental or not.

I’ve sold a few contracts without a broker so I have dealt with DVD personally and there’s a misconception that estoppel provides info about current points and/or reservations. It does not. The estoppel only lists information regarding any existing loan balance with Disney and the dues info.

 

[vicarrieous]

I’ve sold a few contracts without a broker so I have dealt with DVD personally and there’s a misconception that estoppel provides info about current points and/or reservations. It does not. The estoppel only lists information regarding any existing loan balance with Disney and the dues info.

Thanks good to know and I appreciate the clarification. I was definitely under the impression that estoppel showed the point allocations.

 

[Deeleebaker]

I guess I thiught with DVC title insurance would also cover estoppel mistakes, which I assumed also considered points actually available. OP has a provision in contract to cover if points aren’t there as agreed, but I wonder since broker missed the reservation, they already disbursed the cash.

I would definitely be reminding MA that even their 60 day would be over before this reservation and they should handle it now, rather than in 15
-20 days.

 

[RoseGold]

I'd send their own policies back to them and ask them why they are refusing to give you the points you are entitled to by Disney's own policies.

 

[Sandisw]

I guess I thiught with DVC title insurance would also cover estoppel mistakes, which I assumed also considered points actually available. OP has a provision in contract to cover if points aren’t there as agreed, but I wonder since broker missed the reservation, they already disbursed the cash.

I would definitely be reminding MA that even their 60 day would be over before this reservation and they should handle it now, rather than in 15
-20 days.

As mentioned estoppel has to do with financial pieces and not point usage.

Basically, this contract closed the way it was supposed to close.MA has confirmed with OP that it was only when they received the paperwork of ownership transfer that they saw the reservation in place and instead of canceling it and proceeding, the contacted the broker, who then asked them to hold off….

That is the aspect I don’t get, MA says they need broker approval but why? Delayed closings mean exactly that…the actual closing and transfer is held off…

In this case, closing was not delayed and I have a hard time believing that the title company missed it in the paperwork as they deal with it so often. As I shared, been through it 4 times, and nothing changed title until after all the trips were completed.

Obviously, thr seller disclosed the points were in use, but no I wonder I’d they moved this trip after selling but before the closing, hoping it wouldn’t conflict?

Point is that this contract closed as a normal situation and MA should be doing their duty to move the contract, and if that means the trip gets canceled it does.

 

[JGINPL]

Being Broker has stopped responding, and I know what MA is telling me this is the draft of the email I will be sending to Bill:

I'm writing this email because I need clarification from DVC as to when a transfer of ownership will take place. I purchased a DVC resale contract XXXXXX.XXX in April of 2022 with the deed being recorded on 5/3/2022 in Florida. I understand it can take time to move the contract into the membership, (This will be my 6th contract) but I have a few memberships/contracts and the longest it has taken was 3-4 weeks. I called in and was told that there is an existing reservation on this contract. There was no disclosure regarding an outstanding reservation or delayed closing delineated in the sales agreement (From Broker) , nor did I agree to either condition in writing. Broker will not return my emails about this issue. When speaking to the nice gentleman at Member Administration he stated that Broker was made aware of the reservation and told not to transfer the contract until the reservation ended. Again, this wasn't disclosed so I'm very disappointed. Failure to transfer this has interfered with my planned usage of my ownership. There will be an upcoming reservation that I'm going to be making and I was going to be borrowing some of the points to make a reservation.

Please clarify DVC's stance on not granting access to contracts that have been closed with deeds recorded in Florida. I was told I will not be able to access this contract for over 60 days after closing and recording of the deed.

Please clarify DVC's stance on who would be liable for this room reservation if damage takes place, being I own this contract.

Please clarify what DVC is doing to prevent the seller from extending their vacation or editing the vacation to a later date. Please clarify what DVC is doing to prevent the seller from utilizing 2024 points now that they can be borrowed.

Please note if you can transfer the reservation out of contract so I can have immediate access to my membership contract.


I have attached the recorded deed for your reference, I have also added what the ROFR document states with regards to points:

Thank you for your prompt attention to the resolution of this matter.

Sincerely,

 

[Sandisw]

Being Xxxx has stopped responding, and I know what MA is telling me this is the draft of the email I will be sending to Bill:

I'm writing this email because I need clarification from DVC as to when a transfer of ownership will take place. I purchased a DVC resale contract XXXXXX.XXX in April of 2022 with the deed being recorded on 5/3/2022 in Florida. I understand it can take time to move the contract into the membership, (This will be my 6th contract) but I have a few memberships/contracts and the longest it has taken was 3-4 weeks. I called in and was told that there is an existing reservation on this contract. There was no disclosure regarding an outstanding reservation or delayed closing delineated in the sales agreement (From XxxxxReal Estate) , nor did I agree to either condition in writing. Xxxxx Real Estate will not return my emails about this issue. When speaking to the nice gentleman at Member Administration he stated that Fidelity was made aware of the reservation and told not to transfer the contract until the reservation ended. Again, this wasn't disclosed so I'm very disappointed. Failure to transfer this has interfered with my planned usage of my ownership. There will be an upcoming reservation that I'm going to be making and I was going to be borrowing some of the points to make a reservation.

Please clarify DVC's stance on not granting access to contracts that have been closed with deeds recorded in Florida. I was told I will not be able to access this contract for over 60 days after closing and recording of the deed.

Please clarify DVC's stance on who would be liable for this room reservation if damage takes place, being I own this contract.

Please clarify what DVC is doing to prevent the seller from extending their vacation or editing the vacation to a later date. Please clarify what DVC is doing to prevent the seller from utilizing 2024 points now that they can be borrowed.

Please note if you can transfer the reservation out of contract so I can have immediate access to my membership contract.


I have attached the recorded deed for your reference, I have also added what the ROFR document states with regards to points:
View attachment 675266
Thank you for your prompt attention to the resolution of this matter.

Sincerely,

My opinion? I would no longer keep asking for clarification. I would simply insist the transfer take place….I would also send this to MA and ask it be given to whomever needs to get it taken care of for you..most likely Quality Assurance.

While you may want to include Bill as a recipient, to be honest, he is not the one in charge of the division that gets deeds transferred. That falls under the domain of DVD more than it does DVC.

If you want faster action, I’d send again to MA, and call back the person yoy talked to and let them know you Are sending documentation from their own paperwork stating it should be transferred.

 

[pianomanzano]

My opinion? I would no longer keep asking for clarification. I would simply insist the transfer take place….I would also send this to MA and ask it be given to whomever needs to get it taken care of for you..most likely Quality Assurance.

While you may want to include Bill as a recipient, to be honest, he is not the one in charge of the division that gets deeds transferred. That falls under the domain of DVD more than it does DVC.

If you want faster action, I’d send again to MA, and call back the person yoy talked to and let them know you Are sending documentation from their own paperwork stating it should be transferred.

Agreed. asking for clarification means they'll give you the answer that's easiest for them to resolve it. I'd also highlight the liability of failing to transfer this contract immediately (any damages during the seller's stay, seller moving the trip back and potentially prolonging the transfer) more than the inconvenience of being able to book something. Those are serious issues where legally you would have responsibility since the real estate/deed transaction has occurred. Keep things in black and white: closing occurred, money was transferred to the seller and yet you have not received the contract despite being the legal owner while the seller is still enjoying benefits of the contract ownership.

 

[nw6675]

Agree with two PPs. Since the squeaky wheel generally gets the grease, asking just for clarification seems like you are just rolling with it versus stating exactly what you expect them to do and when. I would also use "musts" instead of "shoulds".

 

[JGINPL]

Agree with two PPs. Since the squeaky wheel generally gets the grease, asking just for clarification seems like you are just rolling with it versus stating exactly what you expect them to do and when. I would also use "musts" instead of "shoulds".

While I agree with this, I'm also trying to get in writing from them what their procedures are for future reference for other members, and that is why I'm asking what their stance's are.

 

[JGINPL]

Did a few more edits and sent the email. I will let you know if I hear back. I did send the email also to MA like was advised.

 

[Sandisw]

Did a few more edits and sent the email. I will let you know if I hear back. I did send the email also to MA like was advised.

Be prepared to get nothing from them in writing. They won’t open themselves up to that level of liability.

I think best case is they transfer it for you and let chips fall where they may.

 

[mcdieselsauce]

You should make a complaint against their license. I'd also loop in their leadership because the agent is working under one of the brokers licenses and they will be very motivated to fix this quickly.
https://www.myfloridalicense.com/licenseRelation.asp?SID=&licid=3870902

 

[RoseGold]

I agree I'd escalate to timeshare regulators or the real estate licensing board. Or both. It's pretty shocking that Disney itself presented that as a solution. Maybe I'd give them a couple days to fix it.

 

[Huskerpaul]

You should make a complaint against their license. I'd also loop in their leadership because the agent is working under one of the brokers licenses and they will be very motivated to fix this quickly.
https://www.myfloridalicense.com/licenseRelation.asp?SID=&licid=3870902

This is very good advice. There should be some consequence to the broker (and ghosting you should also be part of your complaint). State agencies that regulate various professions exist for a reason. Use them.

 

[RamblinWreck]

Being Broker has stopped responding, and I know what MA is telling me this is the draft of the email I will be sending to Bill:

I'm writing this email because I need clarification from DVC as to when a transfer of ownership will take place. I purchased a DVC resale contract XXXXXX.XXX in April of 2022 with the deed being recorded on 5/3/2022 in Florida. I understand it can take time to move the contract into the membership, (This will be my 6th contract) but I have a few memberships/contracts and the longest it has taken was 3-4 weeks. I called in and was told that there is an existing reservation on this contract. There was no disclosure regarding an outstanding reservation or delayed closing delineated in the sales agreement (From Broker) , nor did I agree to either condition in writing. Broker will not return my emails about this issue. When speaking to the nice gentleman at Member Administration he stated that Broker was made aware of the reservation and told not to transfer the contract until the reservation ended. Again, this wasn't disclosed so I'm very disappointed. Failure to transfer this has interfered with my planned usage of my ownership. There will be an upcoming reservation that I'm going to be making and I was going to be borrowing some of the points to make a reservation.

Please clarify DVC's stance on not granting access to contracts that have been closed with deeds recorded in Florida. I was told I will not be able to access this contract for over 60 days after closing and recording of the deed.

Please clarify DVC's stance on who would be liable for this room reservation if damage takes place, being I own this contract.

Please clarify what DVC is doing to prevent the seller from extending their vacation or editing the vacation to a later date. Please clarify what DVC is doing to prevent the seller from utilizing 2024 points now that they can be borrowed.

Please note if you can transfer the reservation out of contract so I can have immediate access to my membership contract.


I have attached the recorded deed for your reference, I have also added what the ROFR document states with regards to points:
View attachment 675266
Thank you for your prompt attention to the resolution of this matter.

Sincerely,

I know you have already sent this, but I wanted to just chime in here for something to keep in mind as you move forward.

You used a LOT of very passive language. Passive language is almost never going to inspire anyone to take you seriously or actually get anything done.

I've been following this saga since the beginning and know how much its been bothering you and how worried you are about it affecting your plans. Even though I know this, when I read your draft, I got the impression you didn't really care that much.


Don't be afraid to tell it like it is! You can be both direct and tactful at the same time.

"I was going to be borrowing some points to make the reservation" sounds a lot less serious than "I intend to borrow some of the points on this contract to make a reservation. The 7 month window for this reservation opens on XX/XX/XXXX so I need these points to be available by that date."


"Please clarify DVC's stance on" sounds a lot less serious than "Per the terms in the attached paperwork, I insist that DVC follows through with the transfer of this contract which I now legally own. If DVC refuses to do so, I need a detailed written explanation as to why."

Go get em!