Help! Feeling frustrated!!

Discussion in 'Purchasing DVC' started by micandsofsmom, Aug 12, 2013.

  1. csharpwv

    csharpwv DIS Veteran

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    Developer points are unsold points at a DVC resort. If they aren't sold, they are still in inventory and in theory, Disney would have to pay the carrying cost of keeping them in inventory.

    ....Points still owned by the Developer.... DVD.

    It is common in the timeshare industry to use developer inventory as incentive - an extra week or points at a new resort to get current members to stay there until there are enough owners at that resort to sustain the auxiliary operations of the resort.

    That's all the theory.... LOL

    Like I said, our points were at Saratoga - I don't know if Disney had ever used developer points,
     
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  3. disneynutz

    disneynutz DIS Veteran DIS Lifetime Sponsor

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    Disney has given one time use developer points as an incentive to buy at some resorts. SSR points were the points given due to the number of points available there.

    Buy 200 points at AKV and get 200 one time use points at SSR to be used before XX date.

    :earsboy: Bill
     
  4. ELMC

    ELMC DIS Veteran

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    So first off, I'm sorry that you're frustrated by this situation. There are a couple of things at work here, some of which are equally applied to all new owners and some that specifically apply to your situation. What others have said is true, anyone who bought a Feb or Mar UY at VGF did not receive 2013 points. You needed to buy Apr or later. That applies to everyone. What applies specifically to you is the fact that your guide was some combination of secretive and/or dishonest. Like Bill said, Disney has this frustrating policy of only answering the question you ask. So even though they know there are cost saving options available to you, unless you specifically ask about them, they won't offer. I think in this case you would have had to say "what UY do I need to buy in order to get 2013 points?" In that case, your salesperson would be forced to answer, because it's a question of fact that can't be manipulated.

    That being said, one thing that I haven't seen addressed here is the fact that you bought during the promo phase for existing owners. During that time, owners were only allowed to buy contracts with a UY that matched one they currently owned. So buying at $145 AND getting current points was never an option for you. Your choices were to buy at $145 and get no 2013 points or buy at $150 and get current points. Yes, it stinks, but it stinks for all Feb and Mar owners equally.

    Going back to your specific issue, DVD technically did nothing wrong with the structure of your contract. You will still get everything you're entitled to, regardless of the fact that it's not ideal. The real problem is that you feel you were done a disservice by your guide. This is a whole other issue and what you will receive depends on how far you are willing to take it. You can start talking about going to the Florida Real Estate Board, contacting your attorney, etc. The uglier you are willing to get, the better the potential outcome for you. But do you really want to go that way? I would suggest seriously considering taking them up on that free dinner offer, chalking it up to experience and, of course, requesting a new salesperson from now on. Good luck. :)

    ETA: It wouldn't hurt to ask for developer points, as others have suggested. Just two things about this. First, make sure you are clear that you are requesting them to compensate you for the fact that you feel that your guide misled you and NOT because you simply didn't get any 2013 points. Second, be prepared for them to say no, and decide in advance what you will accept as a resolution to this situation. Again, good luck. Please let us know how it goes. :)
     
  5. wdrl

    wdrl DIS Veteran

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    I agree with Sandisw. The only way you will get 2013 points is if you establish a second master contract with a different Use Year. Be advised that DVD may require that you purchase a a certain amount of points -- 100 or 160 -- in order to buy a second master contract. Also, be advised that having two master contracts brings with it a host of new issues, some good, some bad. I would strongly advise that you explore the ins and outs of managing two master contracts before you purchase a deed with a second Use Year.

    As Sandisw mentioned in her post, it is common practice for to DVD limit retro benefits based on Use Year. When BLT sales started in September 2008, no one received 2008 points. The first UY to receive BLT points was the February UY in 2009. February was about six months before BLT's scheduled opening in August 2009. If I recall correctly, VGC was originally scheduled to open in November 2009 (subsequently changed to September 2009), which could explain why VGC points began with June 2009.

    It appears DVD is using the six-month timeframe for VGF's sales. VGF is scheduled to open October 23, 2013. The April, June, August, and September UYs are within the six-month timeframe; the February and March UYs are not. Thus, February and March UYs will not get their points until 2014.

    There is some logic -- or perhaps some legal requirement -- for this six-month timeframe. VGF will open on October 23, 2013, which mean there will only be 70 Use Days in 2013 that are available to VGF owners to book. By capping sales to the six-month limit, the resort won't be trying to squeeze a huge number of points into a very tiny window of usage. Here is another way to think of it: A February UY owner would pay for 2013 points, but then have only 101 Use Days to use them before they expire. Sure, you could bank them into the 2014 UY, but then there may be an overabundance of banked points competing for space in 2014.
     
  6. ELMC

    ELMC DIS Veteran

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    This is a very gray area, but may be a potential way out for you. My understanding of the recission period clause is that you have 10 days from the day that the last portion of the contract was executed. If charging the second half of your payment constitutes an element of executing the contract, this might be the loophole you need to still be within the 10 days. It doesn't hurt to try!

    Here's the statute:

    http://law.onecle.com/florida/real-and-personal-property/721.06.html
     
  7. DebbieB

    DebbieB DIS Veteran

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    I didn't buy VGC for the same reason. I have an April use year and the first month was June. I wanted to buy 100 points but didn't want to wait a year for them. I figured I would try my luck at 7 months. So far it has worked, I'm 3 for 3.
     
  8. jillmc40

    jillmc40 DIS Veteran

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    I had a bit of an issue when I purchased my Marriott timeshare. There was a misunderstanding (my salesman totally misled us about the MF's) and I didn't realize it until the following year. I was FURIOUS! In the end they gave me a free week to use. At the time I was still mad about it, but now that I have had time to think about it and accept it, I am ok with it. There was nothing I could really do. My point is, take whatever they will offer you now and keep your same UY, especially since you got it at 145.00! If they have to redo it, they may charge you 150/pp, you have the hassle of different UY, and then what is the point??? I think dinner at V&A's would make me feel better ;)

    I'm sorry this happened to you though, and I 100% know how you feel!
     
  9. KAT4DISNEY

    KAT4DISNEY Glad to be a test subject

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    I understand the frustration OP - had the same thing with VGC and my April UY.
     
  10. Mickbee

    Mickbee First voyage of the Magic crossing from Kingdom to

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    Just curious...

    I may have mis-read, but I believe some folks commented that the Feb use year will receive the same number of years of points as other years.

    If I did read the statements correctly, this information is not correct as the contract period ends with the closure of the calendar year.

    Sorry to hear of your challenge and hope it all works out for you.
     
  11. bobbiwoz

    bobbiwoz I'm happy to dance with you!

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    I have March UY & have not bought because I was under the impression that I would be paying MF prorated from the opening until the end of the year. Do I have that wrong? If I buy, I do not have to pay any MF for 2013? I thought when I bought at AKV, I paid MF but got no points the year it opened. Shucks...I missed the $145 price...we had initial paperwork drawn up on EBTA cruise, but decided to let it go because of my understanding.
     
  12. KAT4DISNEY

    KAT4DISNEY Glad to be a test subject

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    In the March UY case you would pay prorated 2014 MF's - so prorated from 3/1/2014. Only UY's that received 2013 points and are Apr-Oct will pay a proration from opening thru the end of the year. And Dec UY's will pay one month prorated fees for 2013.
     
  13. bobbiwoz

    bobbiwoz I'm happy to dance with you!

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    See, I did misunderstand! Oh well. Thank you. What confused me, I guess is the fact that I could borrow and therefore could be using some in this UY!
     
  14. lodge

    lodge DIS Veteran

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    Naw, bobbiwoz.... you're needed at another resort for other things!!! :thumbsup2
     
  15. LisaS

    LisaS DIS Veteran

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    To add to what KAT4DISNEY posted, here are the rules for pro-rated dues. You pay dues starting from the LATER of:

    - your purchase date
    - the start of your initial Use Year
    - the occupancy date of the Unit you purchased

    If you purchase a March UY contract at VGF in 2013, the latest date of these three would be the start of your initial UY, March 1, 2014. You would owe no dues for 2013 and would owe approximately 10 months worth of dues for 2014 (they actually charge you for the number of days, not months).

    You could borrow points to use this year for stays that begin on or after the occupancy date of the Unit purchased, which I assume would be Oct 23, 2013.
     
  16. KAT4DISNEY

    KAT4DISNEY Glad to be a test subject

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    That's a bummer!

    I too can find it surprising that you can borrow - anytime actually - before paying MF's on points but I guess it works out in the program without too much trouble.

    Maybe some incentives will come along - or there's only been the one increase so far.... :tiptoe:
     
  17. rlovew

    rlovew Moderator Moderator

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    You will not pay MF until you receive points so you pay no 2013 fees and you will have prorated dues for 2014- starting in March
     
  18. micandsofsmom

    micandsofsmom Earning My Ears

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    Thank you all so much for your input and support. I spoke again to my guide today and he gave me an email address to send a detailed complaint to, he said he was also going to send one on my behalf. He mentioned the developers points to me, but told me his manager doesn't think they will do anything. According to my guide, they are bombarded with people in my situation who feel like they were given a crappy deal, because they were mislead. I emailed the department he sent me to, and am waiting for a response. I'm not sure how to reply to a response directly, but thank you the the poster who told me to ask for the developers points because of the lack of information from my guide. That's how I positioned it, which is in fact the truth. I did ask specifically about anyone getting 2013 points. I also asked if I waited and bought at the higher price if I would get them, and was told no across the board. Again thanks for all of each of your input. Will let you know the outcome. In the end, I am truly blessed in many aspects of my life that have nothing to do with dollars or vacations. And, now I am wiser to situations such as these. I still love Disney and am grateful to be able to take my kids there, and for the fact that they will be able to enjoy it during their years ahead too. :)
     
  19. lorie13

    lorie13 Mouseketeer DVC Gold

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    We bought during the member promo period and we asked about a different UY and we were given the option to pick a different UY.

    I have to say though when we first called in and spoke with a guide (not our guide as she was not in that day), the answer came back "we will have to check". Well they never did call back with the answer. But when we spoke with our actual guide and asked her, she said "yes" it can be done.

     
  20. Missyrose

    Missyrose DIS Veteran

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    That was definitely something that evolved during the owners-only sale. DVC started out giving owners and unequivocal "no" when they asked for a different UY. But a couple of weeks in, people started reporting their guides had gotten "special permission" to give them what they wanted.
     
  21. disneynutz

    disneynutz DIS Veteran DIS Lifetime Sponsor

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    Since we have been owners Disney has always said no to a different UY. It makes extra work for them and they report that owners who request other UY's don't always understand what they are getting into and Disney doesn't want to deal with the upset owners.

    They always get "special" permission if pushed hard enough.

    :earsboy: Bill
     

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