Can you require a Seller to bank 2016 points as part of resale?

[HickoryDickory]

I'm 21 days into ROFR and have lost confidence that the resale contract will pass. Fingers crossed that ROFR is waived, but I'm being pragmatic and looking at other resale contracts so I can be prepared to make a new offer right away.

I'm looking at BWV contracts with Aug, Sep and Oct use years. Some of the Sep and Oct resale contracts I am considering have 2016 points that have NOT been banked by the current owner into 2017. If I was to go after one of these contracts I would not be able to use those 2016 points prior to expiration and I would not be in control of those points prior to the banking deadline. I was wondering if it is an acceptable practice to include a clause in my offer that the seller must bank 2016 points upon acceptance of my offer? Or does this mess something up with the rest of the closing process?

Thank you in advance!

 

[KAT4DISNEY]

Yes, whatever you would like to ask them to do. As long as they aren't delinquent on dues (so they couldn't bank) they should do it without issue.

 

[HickoryDickory]

Thank you, Kat!

 

[gharter]

I don't know that you can require them to bank points. However, you can ask whatever you wish in your offer and the seller can accept it, modify it or ignore it.
We have 2 contracts and neither was purchased at what the original offer was. You can use a lot of creativity in your offer, and it often helps.

Good luck! We have a BWV with a Sept UY and love it.

 

[HickoryDickory]

Thanks gharter! I really hope my current BWV contract passes ROFR. There's some other decent ones out there right now I would be happy with, but I'm thrilled with terms of my current contract.

 

[KAT4DISNEY]

I don't know that you can require them to bank points. However, you can ask whatever you wish in your offer and the seller can accept it, modify it or ignore it.
We have 2 contracts and neither was purchased at what the original offer was. You can use a lot of creativity in your offer, and it often helps.

Good luck! We have a BWV with a Sept UY and love it.

The require would be that it's part of your offer that they bank. It would be part of the terms they would have to agree to. If you never came to terms then it's a mute point.

 

[LAX]

When I purchased my contract, I made banking previous UY points as part of the offer. I don't see why the sellers would refuse to do it if they are really interested in selling. It doesn't cost them anything and once they agree on a price, the contract will be sold regardless (either to the buyers or DVD). Hence, they don't need to worry about not having available point for another visit.

LAX

 

[Shellyred8]

As long as the seller hasn't missed their banking deadline, I would think it would be perfectly acceptable to ask the seller to bank the points.