Contract Addendum Help

[BeachClub2014]

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?

....and if the seller wasn't actually the broker itself. LOL

 

[theMoreDisneytheBetter]

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?

I like the way you think! I would not be surprised if this were true.

 

[Sandisw]

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.


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

It impacted the contract in some way, that we know, but as I shared, maybe it was the membership that couldn't be dissolved until the reservation was over? If someone had transferred in points and that was what they were using, not the contract, it would require the addendum not to transfer since that would impact the membership if that was the only contract.

Granted, that situation is less likely, but as someone who has made mistakes...just the other way...sold with a delayed closing and didn't realize until after ROFR that it was not on the contract I was selling, I can see how it happens.

The fact that this broker is the same, leads me more that there is something that this broker is not doing vs. them being the only ones with such devious sellers, for it to have happened to two people here on the DIS...given how many sales are out there...to not be on them.

 

[CraigInPA]

I hope you have told the broker "NO" in the most emphatic terms, sprinkled with a few spicy adjectives.

The agreement of sale was signed by both parties, and the agreement was executed by the title company when they transferred the deed to you. To come back later and claim they can't close until a month later because they have an existing reservation is a change to the contract after it has been executed.

The deed is recorded, so the contract is yours. The prior owner doesn't get to use the contract any longer, regardless of what points are in it, or where they came from.

If you decide to give them the extension, ask them for $1000 (or more!) for the late closing date as consideration.

 

[DonMacGregor]

I hope you have told the broker "NO" in the most emphatic terms, sprinkled with a few spicy adjectives.

The agreement of sale was signed by both parties, and the agreement was executed by the title company when they transferred the deed to you. To come back later and claim they can't close until a month later because they have an existing reservation is a change to the contract after it has been executed.

The deed is recorded, so the contract is yours. The prior owner doesn't get to use the contract any longer, regardless of what points are in it, or where they came from.

If you decide to give them the extension, ask them for $1000 (or more!) for the late closing date as consideration.

This was settled a few days ago and a couple of pages back (aside from maybe OP trying to get their admin fee refunded).

https://www.disboards.com/threads/contract-addendum-help.3889538/post-64154919

 

[Kylie kaiser]

This was settled a few days ago and a couple of pages back (aside from maybe OP trying to get their admin fee refunded).

https://www.disboards.com/threads/contract-addendum-help.3889538/post-64154919

Yes and I did get the admin fee back yesterday via a check sent to me thankfully.

 

[KalamityJane]

Yes and I did get the admin fee back yesterday via a check sent to me thankfully.

Did they ever apologize or attempt to make it right?

 

[Kylie kaiser]

Did they ever apologize or attempt to make it right?

Apologized yes but made no attempts on actually fixing the situation. I was mainly asked to just wait it out and sign the addendum. Disney is the one who took action and fixed it.