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Old 02-26-2013, 08:48 AM   #1
ninjagirl
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The Saga of theSSR points

We got an email last week while we were in Disney from Fidelity asking why we hadn't returned our closing documents on our contract that passed ROFR in early January. Cue the head scratching. We never received the closing documents from First American. The response to that was that they would resend them. When we got them the file was titled "correct buyer" which leads me to believe someone made a big oops and that's why we're 3 months past our initial offer. Should we/can we ask them to refund some of the closing costs? We lost 100 points thatwl expire this month because they didn't send us the documents and all along we're told it was a hold up with the title search. The date on these documents is January 11. We got them Feburary 19.
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Old 02-26-2013, 08:54 AM   #2
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We're also past the 60 day window so canceling now is an option but not worth it to have to go through this again plus the new fees at fidelity. I just feel like this contract wasn't handled with the professionalism it should have been and cost us near $800-$1200 because we could have rented those points out and according to their own words, they cost us that opportunity.
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Old 02-26-2013, 09:58 AM   #3
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Wouldn't you have to go through ROFR again if you make any changes?
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Old 02-26-2013, 10:02 AM   #4
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Since the broker selected the title company and my guess is they get paid for using them, I would go after the broker.

Bill
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Old 02-26-2013, 10:15 AM   #5
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Sorry you had difficulty with your closing. Given the fact that the points were set to expire so soon, I would say they had a value of about $5 each. I would ask to be credited back the closing costs to compensate you for this loss. The real question is, what are you prepared to do if they say no? Good luck...
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Old 02-26-2013, 11:26 AM   #6
ninjagirl
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Quote:
Originally Posted by OKW Lover View Post
Wouldn't you have to go through ROFR again if you make any changes?
I don't think so because it wouldn't be a change in the overall ROFR info. Someone is paying the closing, it just wouldn't be us.

Quote:
Originally Posted by disneynutz View Post
Since the broker selected the title company and my guess is they get paid for using them, I would go after the broker.

Bill
This was my thought. Someone forgot to email them to us or sent them the wrong buyer and I think there's fault on both ends. I expect better. After having two difficult transactions with Fidelity, I'm hesitant to use them again even though the end result was a successful purchase.

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Originally Posted by ELMC View Post
Sorry you had difficulty with your closing. Given the fact that the points were set to expire so soon, I would say they had a value of about $5 each. I would ask to be credited back the closing costs to compensate you for this loss. The real question is, what are you prepared to do if they say no? Good luck...

I think $5 is fair and asking for the closing costs to be paid by them would be about that much. We have an honest answer with what we're prepared to do and I don't think it will be a popular one. We're generally people of principle that would rather not do business with people who don't own their mistakes. I'd rather give my money to an honest company. I'm not sure whether it's on the title company or the broker specifically but I THINK the broker sent the wrong buyer information to the title company. Or the title company had the correct information on the buyer sheet and put in the wrong info on their own. We had a last minute renter set up due to princess weekend but when it came to look like it wasn't going to happen because of the "title search" issue, they backed out and understandably so. Finding out after the fact that it was their fault and this should have been closed months ago makes me leary and upset that I'm out of pocket money that I wouldn't be had they performed their jobs as they were contracted to do. I just wanted to make sure that I wasn't crazy and there are real damages here. I mean we would have even had the ability to call disney and ask for a one time banking exemption. But we don't have that option anymore either.
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Old 02-27-2013, 09:36 AM   #7
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Quote:
Originally Posted by ELMC View Post
The real question is, what are you prepared to do if they say no?
This REALLY is the real question. Are you prepared to walk away?

Personally, I would walk away without asking for compensation anyway. In fact, I've done that on one resale contract.

I just don't do business that way, and I'd also be asking myself, "If I continue, what new drama will be added to the 'Saga of the SSR points' next week?"

OTOH, small contracts that exactly meet your needs are relatively hard to find. Not as much with SSR, and not as much with 100 points contracts because DVC sold a LOT of 100-point SSR contracts, but finding another contract would still require some time.

In the end, your answer to ELMC's question is the key.
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