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Old 02-27-2013, 10:20 AM   #16
ninjagirl
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We've gotten a few more answers out of them inbetween yesterday and today. Apparently the original closing documents had the seller's deceased mother listed as the seller which was very obviously incorrect. No acknowledgement of whether that happened on behalf of Fidelity or on behalf of First American (nor do I expect there to be acknowledgement) and then the correct documents where never sent. The seller was listed correctly on the original contract we signed to send to ROFR. I understand mixups happen, but when I inquired about it, at least be honest. We weren't told any of this until we got here. Either way, it was a simple error that should have been caught long before now. We're prepared to walk if we need to. These 2013 points aren't vital to us which makes it easier to walk. If we NEEDED them, we might be in a different boat. I just don't care to give them $400+ in closing costs nor have them be paid a commission that they didn't earn. Part of me wonders if the seller is aware of any of this or if they have told her this. I'm sure when she inquired the delays were blamed on us. I just don't think they deserve whatever the commission fee is on this transaction. They failed their task of executing this contract in a timely manner and as such it cost us 100 points, regardless of what the reality of getting to use them looked like to them.

Last edited by ninjagirl; 02-27-2013 at 10:26 AM.
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Old 02-27-2013, 05:02 PM   #17
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And yet another update... First American refunded all of the fees that weren't required by state law which is an acceptable form of restitution on their behalf ($275.00). Thanks to First American for making this situation right to the best of their ability. This gesture says a lot about the company and those professionals owning up to their mistakes and attempting to patch it up.

I standby my negative feelings towards Fidelity as they have done nothing other than apologize that it happened to us and shifted blame to us. We'll close this contract and hopefully it will be the last time but I stand by advising buyers to avoid Fidelity due to their lack of professionalism, laziness, and inability to communicate and/or execute contracts in the given amount of time.
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Old 02-27-2013, 05:30 PM   #18
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Originally Posted by ninjagirl View Post
And yet another update... First American refunded all of the fees that weren't required by state law which is an acceptable form of restitution on their behalf ($275.00). Thanks to First American for making this situation right to the best of their ability. This gesture says a lot about the company and those professionals owning up to their mistakes and attempting to patch it up.

I standby my negative feelings towards Fidelity as they have done nothing other than apologize that it happened to us and shifted blame to us. We'll close this contract and hopefully it will be the last time but I stand by advising buyers to avoid Fidelity due to their lack of professionalism, laziness, and inability to communicate and/or execute contracts in the given amount of time.
I would demand Fidelity eat the newly institued $195 admin fee. Obviously their admin does not deserve it. This would bring you up to $470 in savings, not far off the distresses point level.
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Old 02-27-2013, 06:05 PM   #19
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I would demand Fidelity eat the newly institued $195 admin fee. Obviously their admin does not deserve it. This would bring you up to $470 in savings, not far off the distresses point level.
We started this process before the fee was instituted so luckily it is not part of our agreement. If it was, I'd be advocating for that.
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Old 02-28-2013, 03:03 AM   #20
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Originally Posted by ninjagirl
And yet another update... First American refunded all of the fees that weren't required by state law which is an acceptable form of restitution on their behalf ($275.00). Thanks to First American for making this situation right to the best of their ability. This gesture says a lot about the company and those professionals owning up to their mistakes and attempting to patch it up.
Glad to hear you got this. Still can't believe you are not getting reimbursed for the lost points!
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Old 02-28-2013, 03:39 AM   #21
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Glad to hear you got this. Still can't believe you are not getting reimbursed for the lost points!
This is a gong show. Aren't the points listed as a consideration for the asking price. That would be like buying a car and then finding out a spare tire was now missing. Hmmm..... it was there when I looked at it. But now it's not I guess I don't really need it. Not a solid transaction on their part. Sorry to hear and brokerage company noted. Good Luck from here out.
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Old 02-28-2013, 03:54 PM   #22
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This is a gong show. Aren't the points listed as a consideration for the asking price. That would be like buying a car and then finding out a spare tire was now missing. Hmmm..... it was there when I looked at it. But now it's not I guess I don't really need it. Not a solid transaction on their part. Sorry to hear and brokerage company noted. Good Luck from here out.
I agree

The question is whether or not you would have bought that contract, and at the price you paid, without those points. If the answer is yes, than I would go ahead with the deal. If the answer is no, I would walk away and take my money somewhere else.
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Old 02-28-2013, 05:32 PM   #23
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As realistic people, the reality that we faced was that the utility of these points to us came at a lesser cost than that of points that were banked. So honestly speaking, it didn't REALLY factor in to our decision. Would it be nice and a luxury to have a room bigger than we needed? Yes absolutely. Everyone would have preferred their own beds. Or we could have rented them but I think we saw it as a "bonus" to our trip either by using a bigger room for us or having the ability to rent a room for a week to a friend doing the princess half weekend with us. It was a bonus that happened to fall right in the window that we needed to use for our vacation or to rent to friends. That said, even though it wasn't a factor in making the decision, they were still listed on our ROFR contract and still OUR points to decide what we wanted to do with, until someone took that decision away from us.

We offered on the contract without knowing that they were there. We found out about them when we signed the ROFR agreement. It's tricky to say and I think people will fall on both sides of the argument. We would have bought without them there and we would have offered the same price because it was fair stripped or not, but the added points were ours and an additional "bonus" to our agreement. I don't feel as though that reduces their negligence. They were still part of our contract. The points offered additional value to our contract that would have been recognized. Now 100 points are floating in the pool of wasted Disney Dreams.... whomp whomp whomp
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