ANyway around ROFR?

[Laurabearz]

I have a friend, whose brother is willing to sell her his 200 BWV contract for 55 a point.

She wasnt aware of Disney's ROFR and now they are trying to figure out how to make the deal go down.

Is there a way? I had heard of an "arms lenght" transaction, but not sure if can apply in this case.

Suggestions?

 

[CarolMN]

My understanding (based on a recent transaction)is that Disney is very understanding about transfers between family members.

My suggestion is for your friend's brother to just call and tell them what he wants to do (sell to sister). It's very possible that they will go ahead and issue a ROFR waiver.

Best wishes -

 

[labst60]

Why doesn't he sell it to her for $75pp and "lend" her theh other $20 pp to pay him with??

 

[Dean]

DVC is understanding and helpful with direct transfers without payment for DIRECT family members from what I'm told. There is no legitimate way around ROFR in this case. I am told it is illegal to put a false price but even then there are always legitamate ways around these issues. You must decide what you're comfortable with. Of course you could just up your offer, LOL.

 

[ClarabelleCow]

couldn't he quit claim the deed to her? Then handle the financial part on their own. Yes it lying. But if he just transfers ownership is that allowed?

 

[nuthut]

Originally posted by labst60
Why doesn't he sell it to her for $75pp and "lend" her theh other $20 pp to pay him with??

One problem with this idea is that the seller will pay taxes on the gain between puchase price and selling price.

 

[Dean]

Originally posted by ClarabelleCow
couldn't he quit claim the deed to her? Then handle the financial part on their own. Yes it lying. But if he just transfers ownership is that allowed?

This will not bypass the ROFR but is a legitimate way to do the deed in this situation.