Bait & Switch: Disney changed terms from proposal to paperwork?!!?

[lowepg]

Very frustrated.

I had gotten on the waiting list for 100pts in phase 1 AK. Guide offered me the usual $8 discount *and* $500 off for the steve harvey referral. I asked for it all in writing and received a fax copy of a "DVC Purchase Proposal" with all those items listed ($8 discount and harvey $500).

I made it through the waiting list (March UY) and was reviewing the contracts this AM and noticed the Steve Harvey offer was missing and my "balance due" was $500 more than I has been offered.

Called my guide and he said it was a paperwork glitch.....called me back 10 minutes later saying I needed to buy at least 160 points to get that offer- and it was his mistake.



Im in sales- and thats not the way WE operate! He said there was a lot of confusion about the harvey discount ON THE DIS BOARDS and that led to MY CONFUSION. I was like- YOU (Disney) sent it to me in the offer???

Anyways- I was told I could either:
1. uprgade to 160 points and keep that credit
2. Keep the current 100 point contract and forget the $500
3. Cancel

I hate to say it- but Im leaning towards #3. Im very disappointed in the bait and switch- especially since I had it in writing AND they have already charged me like $500 plus closing costs on my CC.

Am I being unreasonable?

 

[WALTSAGOD]

Cancel and see what they say.

 

[Maistre Gracey]

I do feel bad for your situation, but I feel the term "bait & switch" is unfair.
That term implies intentional deceit.

MG

 

[Rose Nylund]

Am I being unreasonable?

Yes you are being unreasonable... mistakes happen.

 

[lowepg]

I do feel bad for your situation, but I feel the term "bait & switch" is unfair.
That term implies intentional wrong doing.

MG

really? I felt it was appropriate. "Lied to" might be unfair....

But the crux is this: I agreed (and made payment) based on 1 thing, and was then given something else when it was time to deliver.

I would chalk it up to a misunderstanding if I werent holding it in writing. Kind of like the people who got developer points on new 100 point contracts- they gambled- and won.... cant really expect to get that.

But to have a writen proposal, and make a deposit- THEN for it to change- Im mad. I was on the fence between this deal and resale- this certainly seals the deal on that issue.

 

[lowepg]

Yes you are being unreasonable... mistakes happen.

I agree mistakes happen, and since it was THEIR mistake- I would expect them to honor their writen proposal- onviously they have the lattitude to do it....

Clearly Im skewing my expectation based on how *I* act when Ive made an error....

 

[Maistre Gracey]

really? I felt it was appropriate. "Lied to" might be unfair....

But the crux is this: I agreed (and made payment) based on 1 thing, and was then given something else when it was time to deliver.

I would chalk it up to a misunderstanding if I werent holding it in writing. Kind of like the people who got developer points on new 100 point contracts- they gambled- and won.... cant really expect to get that.

But to have a writen proposal, and make a deposit- THEN for it to change- Im mad. I was on the fence between this deal and resale- this certainly seals the deal on that issue.

The fact that you have it in writing further shows no intentional deceit. It shows a mistake- plain and simple.
If it were a bait & switch, they wouldn't be foolish enough to put it in writing.

MG

 

[Brian Noble]

Whether it is bait & switch or not is irrelevant. The only relevant question is which of those three options you want to take. You've tried to get them to honor the written proposal you have, but they are no longer willing to, and a proposal is not the same as a contractual agreement. Even if you wanted to push it, how much of your time and resources are you willing to spend to get another $500 off?

Probably not too much.

If you want to take "just cancel" to see if they come back with the $500, then do so. But, go in with the understanding that they might not come through with the $500. As with any negotiation, the person who is most willing to walk away from the deal is the one who holds the power. We'll see if that's you, or Disney, soon enough.

 

[jana]

Did you speak to only the one guide on this matter or have you taken it to a higher authority (i.e. his manager) ? .
If you have a written offer and you have paid the deposit on that written offer, I think they (Disney) have the obligation to honor it as (they have) written (it) . If it was his mistake, perhaps he's trying to conceal that error from his management and hoping that whatever you choose to do, you'll do it quietly. If it IS the salespersons mistake he can pay the $500 out of his commission on the sale, I'm sure it's more than $500 JMHO.

I don't think it is unreasonable to expect a written contract to be honored, in fact that's the basis for most of the American legal system, I will be amazed if you bring this to his superiors attention it doesn't get dealt with immediately in your favor.

 

[lowepg]

Whether it is bait & switch or not is irrelevant. The only relevant question is which of those three options you want to take. You've tried to get them to honor the written proposal you have, but they are no longer willing to, and a proposal is not the same as a contractual agreement. Even if you wanted to push it, how much of your time and resources are you willing to spend to get another $500 off?

Probably not too much.

If you want to take "just cancel" to see if they come back with the $500, then do so. But, go in with the understanding that they might not come through with the $500. As with any negotiation, the person who is most willing to walk away from the deal is the one who holds the power. We'll see if that's you, or Disney, soon enough.

I agree. I'm cancelling and Im not really expecting Disney to reverse themselves and make good on their commitment to me. I have no illusions about the relationship: Im 1 person- they are Disney. They have a waiting list for people who want phase 1, I have limited other places to buy DVC.

Still, I'm cancelling. I may reconsider buying direct, but I would certainly refuse to work with the same guide. He was at best- uninformed as to how to do his job (how complicated is it?), at worse - he was dishonest. But it makes no difference, really.

 

[mrdiscranky]

Something similar happened when I bought my car. I'm 100% convinced it was an unintentional mistake, but it sure left a bad taste in my mouth.

At the end of the day, I've got my car which I love. The price was still decent, even without the extra incentive I was "promised." And since I never have to see or deal with that salesman again, it just doesn't matter.

 

[JimMIA]

Whether it is bait & switch or not is irrelevant. The only relevant question is which of those three options you want to take. You've tried to get them to honor the written proposal you have, but they are no longer willing to, and a proposal is not the same as a contractual agreement. Even if you wanted to push it, how much of your time and resources are you willing to spend to get another $500 off?

Probably not too much.

If you want to take "just cancel" to see if they come back with the $500, then do so. But, go in with the understanding that they might not come through with the $500. As with any negotiation, the person who is most willing to walk away from the deal is the one who holds the power. We'll see if that's you, or Disney, soon enough.

I think Brian hit it right on the head. The issue is not the characterization of what happened. The issue is "Where do we go from here?"

And your options are basically: a) go ahead, or b) cancel.

 

[Peg Leg Pete]

You can feel good about canceling. You can always come back at it again. However, if you would have done the deal without the $500 before, then do it now. Your guide is a salesman, nothing more. Once this transaction is over, they really are a non factor in enjoying your DVC membership.

 

[flyerron]

I agree. Simply put, if you want the points then just do it & forget about it. The fight for $500 may not be worth it. What is the important thing here? Is it the art of the deal or the deal??

 

[Disney_Villain]

Ask for your guide to be replaced immediately (so he doesn't get any future commission from you), then talk to your new guide and go for the deal now offered - assuming you can't get your original deal with the new guide.

You will be happy in the end that you got your DVC contract . . . and maybe happy as well that you gave the commission to someone else!

 

[rayelias]

What is the important thing here? Is it the art of the deal or the deal??

You just made my list of memorable quotes. (Actually, I call them my "Life Laws" and I have them posted conspicuously in my office.)

This is excellent advice, not only for this specific transaction, but life in general. I know I often get wrapped up in the "art of the deal" and lose sight that the deal itself is excellent, and I might lose a great opportunity over trying to squeeze the deal.

(In return for your quote, I offer you one that I've collected: "The secret to success is to work only half days. It makes no difference which half - it can be the first 12 hours or the last 12 hours.")

 

[RDP]

I also experienced something similar, I was offered the $500 gift card by the guide + the $8 discount on AKV purchase. Once the paper work was signed the $500 gift card was a 'Mistake' and not part of the deal. Bought AKV anyway as it was offset by not paying dues in 2008 which was worth more to me and not mentioned initialy. Very happy we bought ,I expect it will only get more expensive to own and the $500 gift card we did not get will be more than covered over the years of ownership.

 

[Brian Noble]

I offer you one that I've collected: "The secret to success is to work only half days. It makes no difference which half - it can be the first 12 hours or the last 12 hours."

We have a variant of this in our office:

"This job is very flexible. You can work any 80 hours a week you want."

 

[pycees312]

Very frustrated.


Im in sales- and thats not the way WE operate! He said there was a lot of confusion about the harvey discount ON THE DIS BOARDS and that led to MY CONFUSION. I was like- YOU (Disney) sent it to me in the offer???
Am I being unreasonable?

Never tell a Guide that you know about the disboards or any other board.
I learned that during the member getaway reception in California. I was talking to a guide about GCV and future DVC resorts.. and she said well i'll tell you this.. then she paused and asked if i knew what the dis baords were? And my husband chimmed in " yes she is all over those message boards etc" and she looked at us and laughed and said well in that case I cannot continue with what i was about to say.....Talk about frustrated lol... Apparently DVC powers that be are watching these boards and they know exactly what goes on here lol..

 

[Peg Leg Pete]

There are no secrets here. The boards are the great democratization of information. Companies need to know consumers talk and compare information. It makes us better consumers and the companies more responsible.