Buying at VGF - I have a serious dilemma...

[EllieBride]

A quick recap for anyone who hasn't followed along from the beginning... we got on the VGF waitlist in late March and that's where we sat (And sat. And sat. And sat). After a lot of frustration, including seeing reports of people walking into the sales office over the summer buying points direct while we still sat there on the waitlist, our summer ended with us still not having any points. I even called my newly assigned senior guide and asked her to switch my waitlist request to "ANY" use year, instead of the original April UY I had requested, thinking maybe that was the cause of the delay.

Well after five months of feeling like we were getting the run-around (including continued reports of direct sales at VGF), I finally gave up and made an offer on a resale that was exactly what we were looking for, even the April UY. It was sent to ROFR on September 8. There have been lots of posts lately about Disney returning some quick answers, including a VGF that just passed ROFR in 11 days!!!!! I was expecting to get our answer any minute now. So when the phone rang just now and the caller ID said Florida, I was quite excited!!!!!! Never in a million years did I expect it to be my guide saying that my waitlisted direct points have arrived and are ready for me!!!!

PLEASE HELP!!!!!! What am I supposed to do now? And my bigger question is this.... did Disney exercise their ROFR on my resale contract and how can I find out? This is an exact match, same number of points and same UY. I follow the ROFR thread and I've never seen them ROFR a VGF contract, so I know that would be unheard of, but this just feels odd to me.

What am I going to do??????

 

[pangyal]

I actually haven't heard of Disney buying back any VGF and I am certainly tracking it...so my best suggestion would be to call your broker and confirm that ROFR has not yet been processed on your resale.

 

[pangyal]

Also- just because they are offering you the same number of points doesn't mean that's the amount that was made available to them. Somebody might have foreclosed and DVC reacquired the points for an April UY. Perhaps that amount was, say 200 and you wanted, say, 100. They would be offering you your 100 and someone else on the waitlist 100 as well. Hope that makes sense!

 

[EllieBride]

Yes, I think the likelihood of it being the exact same contract is probably slim... And as of August, there was only one person ahead of us on the VGF waitlist and he was also waiting for April UY (that was partly why I switched to "any UY", to move myself to essentially get the next available contract, if it was anything other than April). I don't know if his request was fulfilled before now, but if not, there's a good chance that they re-claimed a larger contract and are splitting it between him and us.

I called my broker and unfortunately, they haven't heard anything yet. It's so frustrating that some people are getting replied so fast and naturally, we aren't one of them, lol. But we don't have to give Disney an answer until this weekend, so we have a few more days to hopefully hear back on our ROFR. Pixie dust needed, please!!!!!!

 

[DVC Doctor]

You are technically locked into the resale purchase until ROFR and I doubt they will take it and they are taking the full 30 days for review.

Also, the entire resale buying process will take about 4 months from offer to actually getting your points and online account.

 

[pangyal]

I am 99.9% sure they won't take it back through ROFR. I honestly cannot see any advantage to buying direct if you've already found your contract, unless you are desperate to get your points immediately. Even so, as PP stated, you are legally bound to the contract you purchased, so it's pretty clear what your options are . I guess maybe you can tell your guide you need a bit more time to think about it and ask for an extension for another nine days to fill out your 30-day ROFR period?

 

[EllieBride]

Well, I'm kind of desperate (trying to book an October 2016 trip), but I've pretty much made peace with our decision to go resale. I really just want to get an answer ASAP on our ROFR. I have until Friday for that to happen It seems like there are people left and right on the ROFR thread who are getting expedited decisions. Why can't I be one of them???

I WISH they would give me an extension, after the way some other things went down throughout this process, but I don't see that happening when they have plenty of people in line behind us who will gladly buy the points. I'm kind of surprised she's giving us until the weekend. I was prepared for her to demand my credit card number right then and there during our phone call, LOL!

 

[disneynutz]

My understanding is that you have 10 days from your signing date to cancel your direct buy. I would stall Disney, take your time to sign and hope that they ROFR prior to the direct buy contract execution.

Bill

 

[EllieBride]

My understanding is that you have 10 days from your signing date to cancel your direct buy. I would stall Disney, take your time to sign and hope that they ROFR prior to the direct buy contract execution.

Bill

Hi Bill, how can I confirm this? This might be just the loophole I need to cover my butt!!!! Now that you say it, I'm pretty sure you are right (although is it 5 days or 10 days?). Today is Day #24 for our ROFR, so I am desperately hoping we hear something ASAP. When I pulled the trigger on buying the resale, I was scared to death this was going to happen, but we decided to roll the dice and take our chances. But I wasn't about to remove myself from the waitlist until everything was signed, sealed, and delivered. Should have known, right?

 

[zavandor]

Cannot you call your guide and ask him to send you the documents and just wait 6 days before returning them?
I think the 10 days cooldown period exists, but I cannot see your guide telling you that the points are not available anymore because of 6 days delay. Tell him your dog ate the documents.

 

[DisneyfromDeland]

The ten day rescission period does exist. I used it when I bought Poly points direct and then changed my mind. The ten days starts from the day you sign the contract and it is executed, I believe. The direct process to rescind your offer is very easy. It just takes an email and a phone call.

 

[disneynutz]

Hi Bill, how can I confirm this? This might be just the loophole I need to cover my butt!!!! Now that you say it, I'm pretty sure you are right (although is it 5 days or 10 days?). Today is Day #24 for our ROFR, so I am desperately hoping we hear something ASAP. When I pulled the trigger on buying the resale, I was scared to death this was going to happen, but we decided to roll the dice and take our chances. But I wasn't about to remove myself from the waitlist until everything was signed, sealed, and delivered. Should have known, right?

From 2011 Florida Statutes: "You may cancel this contract without any penalty or obligation within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be given to you pursuant to section 721.07(6), Florida Statutes, whichever is later. If you decide to cancel this contract, you must notify the seller in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to (Name of Seller) at (Address of Seller) . Any attempt to obtain a waiver of your cancellation right is void and of no effect. While you may execute all closing documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10-day cancellation period, is prohibited."

In addition Disney will include with your paperwork instructions on how to cancel. It may take them a week to send it to you or it may take longer.

Bill

 

[EllieBride]

Thanks, everyone! I think this might be a good fallback plan. I'm still hoping that we hear on ROFR before the weekend. But if we don't, this sounds like our next best course of action.

On an unrelated note... I need to book Fast Passes tonight for this year's trip and I haven't done a darn thing to figure out what we're doing or when we're doing it. Feeling totally stressed about all of this. And to further complicate matters, one twin is exactly 40" tall (tall enough for all the good rides) and the other one is 39.5" with his shoes on. Will he grow another half inch in the next two months? Do I take a chance and book FP for rides that we may or may not be allowed on? With the way my luck has been going, I guess I better not, LOL!!!

 

[KAT4DISNEY]

Just ask them to send you the paperwork for the direct purchase. You can sit on the paperwork until you hear about ROFR. And then you would have 10 days from actually signing to rescind but just hold the paperwork without signing until you're certain so you don't have to bother with rescinding if you pass ROFR on the resale.

 

[DisDadDVC]

Thanks, everyone! I think this might be a good fallback plan. I'm still hoping that we hear on ROFR before the weekend. But if we don't, this sounds like our next best course of action.

On an unrelated note... I need to book Fast Passes tonight for this year's trip and I haven't done a darn thing to figure out what we're doing or when we're doing it. Feeling totally stressed about all of this. And to further complicate matters, one twin is exactly 40" tall (tall enough for all the good rides) and the other one is 39.5" with his shoes on. Will he grow another half inch in the next two months? Do I take a chance and book FP for rides that we may or may not be allowed on? With the way my luck has been going, I guess I better not, LOL!!!

Stuff napkins in his sneakers...

 

[Cindyel]

You could have Disney send the docs but let them know they won't be signed for another 10 days when your husband returns from his business trip abroad WINK WINK.

 

[Savagekids]

Interesting situation. Let us know how it turns out.

 

[wdrl]

Unless your resale offer is in the low $100s for VGF, I doubt if DVD will ROFR your resale transaction. As someone else posted, DVD has yet to ROFR any VGF deeds, mainly because the spread between the resale prices and DVD's current direct price of $165 is not that great. But there is always a first time.

I'm probably in the minority, but if I was in your situation, I would keep the resale transaction and tell my Guide I'm not wanting to buy direct at this time. There are others on the VGF wait list who probably would jump at the chance to buy those points. The sooner I let my Guide know, the sooner those points can be offered to someone else.

 

[EllieBride]

"I'm probably in the minority, but if I was in your situation, I would keep the resale transaction and tell my Guide I'm not wanting to buy direct at this time. There are others on the VGF wait list who probably would jump at the chance to buy those points. The sooner I let my Guide know, the sooner those points can be offered to someone else.

Ok, I have to ask... Are you on the waitlist for VGF?

 

[EllieBride]

Received some good news today! We passed ROFR on the resale contract. Yay!!!

So now my next question is this... Are there any other risks we need to be aware of that could cause our resale deal to fall apart? i.e. can the seller change their mind? What else might go wrong? Are there any other reasons (even extreme, totally improbable ones) that we should be considering before we cancel the direct points?