Contract Addendum Help

[pianomanzano]

OP, any luck in getting the admin fee back? Also, hope that you file that complaint with or without the admin fee refund!

 

[wnielsen1]

The buyer bought a contract with a certain number of points per UY and that is what they received. It took longer than it should. We know the broker was incompetent. People like to talk a big game about suing but does that happen? No, it does not. Have you ever sued someone before? Is that an enjoyable experience? Suing is expensive. Worse than that, it’s exhausting. All for an attempt to maybe gain some extra points you knew you weren’t purchasing in the first place? Have a good time with that and let me know how it turns out. I suspect that the OP is pleased that they got their contract, their points and their reservation and are glad to put this all behind them.

 

[CarolMN]

It seems no accident that this keeps happening in dealings with the same broker. They clearly have issues that need resolved

It's most likely due to just one poorly trained agent who was unfamiliar with DVC contract sales. Based on the admin fee this broker charges buyers and the multiple reviews complaining about poor communcations, I would not do business with this Company, anyway. I don't have the patience to deal with hassles, even if it means I have to pay more. JMHO. YMMV.

If I were in the OP's situation, I would be satisfied with the outcome (contract and points I expected are in my account and the reservation I wanted was made and visible to me in MDE). I would NOT waste my time and money on a court case. The most I would do is file a complaint with the appropriate Florida agencies requesting that Disney change their procedures to stop deferring to a broker after a contract has closed. The broker will do what it has to do to fix its issues or the business will eventually suffer.

 

[Sandisw]

No they definitely wouldn't not cut it in court, that is why this is a big deal. The broker is supposed to know the laws on this and is paid a large fee and commission to handle this professionally and legally.

Except if the points that from the contract were not what was part of the sale and the new owner gives permission to let those points be transferred back to the previous owner, nothing was done incorrectly.

If the reservation was booked on the wrong points..meaning points that were to be included…then MA simply allowing the reservation to be moved and making the contract whole to what was sold, nothing wrong with that either.

I am also not referring to the break down of the broker and title company. I am talking about what happened via the MA end.

Again, the only thing we know is that the reservation was tied to the contract in some way.

 

[Disneykate605]

It is frustrating that these 2 buyers had to go through all this extra stress and aggravation not to mention all the time they had to invest, just to get what they paid for and the only punishment for the broker is to return the $195 admin. fee.
If the price the broker has to pay is not more than $195 they're not going to fix the problem.
If they were reported each time this happened and they had to deal with an outside agency asking questions they might realize it's best to stop this behavior.

 

[Kylie kaiser]

OP, any luck in getting the admin fee back? Also, hope that you file that complaint with or without the admin fee refund!

Still no respons from yesterday. I just sent another follow up email asking when I can expect the check.

I will look into the compliant today as well. I do not plan on pursuing the points they used for their reservation since I received the points I was entitled to on my purchase.

 

[RamblinWreck]

The buyer bought a contract with a certain number of points per UY and that is what they received. It took longer than it should. We know the broker was incompetent. People like to talk a big game about suing but does that happen? No, it does not. Have you ever sued someone before? Is that an enjoyable experience? Suing is expensive. Worse than that, it’s exhausting. All for an attempt to maybe gain some extra points you knew you weren’t purchasing in the first place? Have a good time with that and let me know how it turns out. I suspect that the OP is pleased that they got their contract, their points and their reservation and are glad to put this all behind them.

It doesn’t appear to me that anyone in this thread suggested taking legal action or thought that was a good thing to do.

Much less talked a big game about anything.

 

[RamblinWreck]

Still no respons from yesterday. I just sent another follow up email asking when I can expect the check.

I will look into the compliant today as well. I do not plan on pursuing the points they used for their reservation since I received the points I was entitled to on my purchase.

I definitely wouldn’t pursue the points. But I would want to make sure that the right thing was done with them!

 

[Matty B13]

I never suggested legal action, especially since it was resolved. It would cost way to much to pursue this through the legal system, and that is also why the broker/company wasn't afraid to just ignore the OP and her claim. Glad DVC finally stepped up to to "THE RIGHT" thing and handle this, stinks that it took some much time on the OP's part to get this handled correctly.

That being said, if this went to court, I don't think DVC or the broker would have a leg to stand on.

 

[CarolMN]

I definitely wouldn’t pursue the points. But I would want to make sure that the right thing was done with them!

Respectfully, what do you consider the right thing? Since the OP received what she was expecting from the contract she signed, why should she care what happened to the seller's reservation? That's between DVCMC, the broker and the seller.

I apologize if I have misunderstood your post.

 

[RoseGold]

Respectfully, what do you consider the right thing? Since the OP received what she was expecting from the contract she signed, why should she care what happened to the seller's reservation? That's between DVCMC, the broker and the seller.

I disagree, it was a closed contract. None of those people have any rights to any of the points after close. Only OP should decide what happens to the points at that point.

I get it was a mistake, and the outcome is probably acceptable to everyone. And actually maybe it wasn't a mistake??? But the solution was not acceptable to me, to me it was stealing points out of a closed contract. OR, the broker was lying and it was just trying to steal with the addendum, which is also gross.

Either way, I'd be filing a complaint and letting them sort it out.

I would imagine this broker and title company have already cleaned things up, there's no way they want to be operating like this.

I'm glad OP has a solution that works! The points they were promised, and the reservation they wanted!

 

[Sandisw]

I disagree, it was a closed contract. None of those people have any rights to any of the points after close. Only OP should decide what happens to the points at that point.

I get it was a mistake, and the outcome is probably acceptable to everyone. And actually maybe it wasn't a mistake??? But the solution was not acceptable to me, to me it was stealing points out of a closed contract. OR, the broker was lying and it was just trying to steal with the addendum, which is also gross.

Either way, I'd be filing a complaint and letting them sort it out.

I would imagine this broker and title company have already cleaned things up, there's no way they want to be operating like this.

I'm glad OP has a solution that works! The points they were promised, and the reservation they wanted!

And it sounds like the OP was fine in how things are resolved, which means as the owner of the contract, she decided how MA handled it was acceptable.

If it was indicated to MA that all that was wanted was the contract transferred, and the points that were part of it sent to her, then permission was given to let them figure out what to do with the reservation and the potential extra points that were with it. Again, we have no idea if the points for the reservation were extra points, or if they were accidentally taken from the points the OP was entitled to in the contract.

Regardless, I would never want points from a contract that were not supposed to be included in it and would allow MA to transfer them out to the previous owner, I would be cool with that.

Honestly, the only reason the OP knew of an issue was the addendum...had the seller just canceled the reservation and transferred out any points that were used (assuming they were not the ones part of the sale), it would have gone ahead without an issue with no issues at all.

 

[RamblinWreck]

Respectfully, what do you consider the right thing? Since the OP received what she was expecting from the contract she signed, why should she care what happened to the seller's reservation? That's between DVCMC, the broker and the seller.

I apologize if I have misunderstood your post.

I don't know. Maybe it would be none of my business. But I guess I'm just a nice guy like that. I'd want to make sure the points didn't just disappear. Maybe there's no way to really do that without putting way too much effort in. But I'd at least be asking!

 

[achinforsomebacon]

While the OP got a resolution that gave them what they originally should have received, my issue with all of this is how Disney handled it. And this is something we as owners/potential buyers should be concerned with. If a contract had closed, there's no reason Disney shouldn't proceed with the transfer because a broker hasn't given the ok or fed them whatever bs l they gave to try to cover this up. Once closed, the broker should have no say in anything. The fact that Disney didn't proceed with the transfer because of the broker is a problem that needs to be addressed.

 

[achinforsomebacon]

Also, while the OP didn't "deserve" additional points, I think it would be fair if they got them instead of the sellers as a punishment for being shady/deceiving about the reservation to begin with. The seller is essentially getting away with this with no repercussions. I know mistakes are made but if the contract closed, the points used for the reservation are now legally the buyer's. Maybe next time the reservation would be properly disclosed (this is on the seller and the broker).

Maybe this is a little harsh but I don't think the seller should be given a free pass for this. It's not right but they got to keep their reservation and everything worked out for them as if they did nothing wrong.

 

[DonMacGregor]

While the OP got a resolution that gave them what they originally should have received, my issue with all of this is how Disney handled it. And this is something we as owners/potential buyers should be concerned with. If a contract had closed, there's no reason Disney shouldn't proceed with the transfer because a broker hasn't given the ok or fed them whatever bs l they gave to try to cover this up. Once closed, the broker should have no say in anything. The fact that Disney didn't proceed with the transfer because of the broker is a problem that needs to be addressed.

My issue with this goes to the whole "benefit of the bargain" argument. Sure, the OP received what they originally bargained for, but the bargain was a set number of points in exchange for monetary compensation. That's it. Set it and forget it. Here's my money, give me my points.

The deal wasn't a set number of points in exchange for monetary compensation, plus two or three weeks of additional time spent making calls, sending emails, researching here and on the interwebs, and the potential loss of use of the points and any reservations that couldn't be made as a result of the delay.

Something like the irritation or "mental anguish" might be difficult to place a value on, but time has value, enjoyment/use of the points has value.

 

[Sandisw]

Also, while the OP didn't "deserve" additional points, I think it would be fair if they got them instead of the sellers as a punishment for being shady/deceiving about the reservation to begin with. The seller is essentially getting away with this with no repercussions. I know mistakes are made but if the contract closed, the points used for the reservation are now legally the buyer's. Maybe next time the reservation would be properly disclosed (this is on the seller and the broker).

Maybe this is a little harsh but I don't think the seller should be given a free pass for this. It's not right but they got to keep their reservation and everything worked out for them as if they did nothing wrong.

The thing is we don’t know for sure that the reservation was using extra points from this contract

Maybe the owner was using transferred points but this was the only membership they have and if the contract got transferred out, the membership wouldn’t exist and that is why they needed to wait until after the trip?

Or maybe the seller made it on the contract, owns multiple ones and didn’t realize or remember how it was booked.

I was selling one and accidentally borrowed off it during the ROFR process. Fortunately, I got MS to reverse it for me so I can see how easy it can be without being nefarious on the sellers part.

The issue is the broker messed up because this is the second time we have heard of it in a month.

Disney caught it. That is a good thing. Now, what I do agree with is that MA should have reached out to both the broker and the OP to find out if there was a delayed close that was part of the sale and have paperwork one way or the other

What shouldn’t happen is any delay once they get proof from either that the sale didn’t include a delay in the transfer, irrespective of the wishes of the broker.

Regardless, as a new owner of the contract, if they are satisfied, it’s all that matters because as pointed out, they are the ones who get to decide.

 

[lovethesun12]

Agreed. This is no OOPS. The broker is either not verifying pending reservations or simply not disclosing them and I would lean towards the second.

While the fact this has happened a couple times in the last month is troublesome, I'm really reluctant to think the broker is not disclosing them intentionally.

I've dealt with good agents there, and have had pending reservations disclosed to me. I decided to bid on other contracts at that point.

Either way this is careless though, which is unacceptable. I've went through the board sponsor and I'm sure they
would prefer not to spend the extra time receiving sometimes dozens of screenshots to confirm activity on the contract, but it's comforting as a buyer and seller to have a diligent second set of eyes on the contract you are signing.

 

[BeachClub2014]

The thing is we don’t know for sure that the reservation was using extra points from this contract

Agree that we cannot really know anything for certain from where we all sit. But a very strong argument can be made that the points associated with the phantom reservation were from the underlying contract, otherwise, there is no need for the sneaky addendum.

If the points used for the reservation were from a different contract held by the seller then that should have had zero impact on the transaction.

The issue is the broker messed up because this is the second time we have heard of it in a month.

Definitely. But I'm not so sure that the seller doesn't own a piece of the responsibility, as well.

 

[Marionnette]

I'm just going to throw this out there...both @JGINPL and @Kylie kaiser bought BRV contracts from the same broker and had the very same issue. The only difference was the delayed "closing" date in July. It makes me wonder if this was the same owner for both contracts?