Friend Renting Points from DVC Owner w/o Contract

[heaven2dc]

I have a friend at church who is renting points from a DVC owner for her trip in February and the owner says they won't do a contract, just has sent her the confirmation from DVC after she paid in full for the room. Should she be concerned? I didn't know what to tell her since I've always received a contract from DVC owners I've rented from.

[Sammie]

Actually a contract protects no one, it simply states in writing the terms of the rental so there no misunderstandings.

I have rented timeshares and private homes all over the country for vacations and never had a contract between me and the owner.

I do email the owners and we exchange info to make sure you we are clear about payment, terms etc.

It is entirely about trust, if your friend is not comfortable without a contract, then advise them to find someone else.

But the agreement is simply info on paper and not legally binding, the DVC member still owns the reservation until the guest checks in and the member is libel for damages until the guest checks out. So there has to be trust on both side.

[Chuck S]

Originally Posted by Sammie

Actually a contract protects no one, it simply states in writing the terms of the rental so there no misunderstandings.

I have rented timeshares and private homes all over the country for vacations and never had a contract between me and the owner.

I do email the owners and we exchange info to make sure you we are clear about payment, terms etc.

It is entirely about trust, if your friend is not comfortable without a contract, then advise them to find someone else.

But the agreement is simply info on paper and not legally binding, the DVC member still owns the reservation until the guest checks in and the member is libel for damages until the guest checks out. So there has to be trust on both side.

I disagree, I think it is always a good idea to have a rental agreement in writing, whether it is a signed contact, or even just an email agreed upon by both parties. Even though the DVC owner can cancel the reservation, the agreement provides proof there was, in fact, an agreement.

That said, if your friend is comfortable with her agreement, it will likely be OK.

[disneynutz]

Having a written agreement reduces the "that's not what you told me" issues. Renting to/from someone is hard enough without one of the parties miss understanding what was agreed upon.

Bill

[DisTeach1]

I have rented out my points many times and I have never used a contract, nor have I been asked for one. I was comfortable, but I agree, there is definitely less risk to me as the points remain under my control.

I've always just told the terms, and have never had a problem. I don't know...Do a lot of people who rent out their points use contracts?

[castleri]

Originally Posted by DisTeach1

I have rented out my points many times and I have never used a contract, nor have I been asked for one. I was comfortable, but I agree, there is definitely less risk to me as the points remain under my control.

I've always just told the terms, and have never had a problem. I don't know...Do a lot of people who rent out their points use contracts?

I have never had a contract either the few times I have rented points and have had no problems. I have confirmed in emails the terms and have also made it a point to talk to the person I am renting to so they can ask questions etc. I do send the written confirmation as soon as I get it so the person has something in writing showing they have a reservation. I also try to deal in such a way that the payment is made well before banking or holding accounts can come into play for my own security. It really is all about trust on both sides. At least now a person who rents can check the reservation on the dining website to see that it is still there.

[Deb & Bill]

Actually, the Public Offering Statement requires a contract for a non-member renting a reservation from a member.

[2binak]

We've always used a signed contract when renting our points. We book the room, send the renter the contract with all of the rental details, dates, payment expectations, etc. and request that the contract be signed and returned to us within a few days of my making the reservation.

We would never rent our points without a contract. I'd be cautious of anyone who "won't" provide a contract or at the very least, a very detailed e-mail agreement. Afterall, what's the harm in providing one?

[drusba]

Formal written agreement a must? No. Good to have? Yes, if something goes wrong. I believe the public offering documents say that the contract is to have certain terms relating to the guest being bound by the rules and regulations of DVC and the resort, particularly those relating to occupancy of a room, but I do not recall it requiring a written contract. Oral contracts are "contracts" too. By so requiring, Disney assures the rental agreement, whether oral or in writing, will be deemed to have those terms even if the owner fails to put them in the contract.

Good to have a formal written contract because it allows the parties to define the relationship and what happens if something changes. In your friend's situation, since full payment has been made, one issue is what happens if your friend has to cancel. Potential outcome if it happens: friend gets no money back unless she can show the parties agreed otherwise. As long as everything goes smoothly (the usual case), there is nothing wrong with an oral contract, and lots of owners who have rented have likely done it orally or informally, i.e., by itself, it does not mean the owners are untrustworthy. If things do not go smoothly then at least one of the parties will likely wish he or she had a formal written contract.


Also mentioned above is that a poster has done many rentals from owners and never had a "contract" but has usually exchanged emails about "payment, terms, etc." Guess what? You likely have a written contract consisting of what those emails say. Thus, to have a written contract does not necessarily require what many would think of as a formal written contract, but what a formal written contract does is make the parties think about what could go wrong and cover it in writing.

[heaven2dc]

Thanks everyone! I spoke to her this weekend after church and she said she has several emails that she's printed out and has received the confirmation from DVC so she should be ok.

I've rented from a great DVC owner (you know who you are, Bill! ) and have been confident in my transactions. I think what she was concerned about was she tried to call DVC about the rental and of course they couldn't talk to her. Has it been changed that the renter could speak with them within the last week of the ressie though?

[CarolMN]

Originally Posted by heaven2dc

...(snip).... I think what she was concerned about was she tried to call DVC about the rental and of course they couldn't talk to her. Has it been changed that the renter could speak with them within the last week of the ressie though?

No. MS only talks to the owners.

However, she can use this link to confirm the reservation still exists:

www.mydisneyvacation.com/DVC

[Sammie]

Originally Posted by Chuck S

I disagree, I think it is always a good idea to have a rental agreement in writing, whether it is a signed contact, or even just an email agreed upon by both parties. Even though the DVC owner can cancel the reservation, the agreement provides proof there was, in fact, an agreement.

That said, if your friend is comfortable with her agreement, it will likely be OK.

I do email the owners and we exchange info to make sure you we are clear about payment, terms etc.

That is what I said. We do exchange info by email, there just is not a contract of sorts.

[Sammie]

Originally Posted by Deb & Bill

Actually, the Public Offering Statement requires a contract for a non-member renting a reservation from a member.

Where is that listed?

The only thing I see that mentions renting is that it is the responsibility of the Member to notify Member Service when making a rental reservation and that member priviliges and benefits cannot be extended to nonClub members who rent from members.

I don't see anything in the POS about a contract for renting.

[drusba]

As CarolMN mentions you have a way of confirming the reservation still exists by going through the on-line advance check-in site that now exists. A second way is to do on-line dining reservations 180 days or less before arrival (disneyworld.com/dining) and put in room reservation info (number and name on ressie) in the section provided for it so restaurant reservations are remembered on-line in association with the room reservation. If your room reservation comes up when you do so it still exists. For either, I believe you may need to have a sign in name and password to Disney's site in general (which costs nothing to set up).

[heaven2dc]

Originally Posted by CarolMN

No. MS only talks to the owners.

However, she can use this link to confirm the reservation still exists:

www.mydisneyvacation.com/DVC

Thanks, Carol - but where do you input the information? I can only see where you can confirm a reservation within 10 days of arrival.