Contract Addendum Help

[JGINPL]

Yes, I wish we could but the deed has already been recorded so I don't think we can? But personally, I would love to just so the Sellers and Broker know what they did was not okay.

make sure to emphasize to the broker. That had you known of the delayed closing that wasn’t disclosed, it would have totally changed how you bid on the contract. Say most dvc resale sites state if their is a delayed closing, and even brokers site, usually discloses this. This has been causing much stress as dates in January are being booked up and the points you legally own now you are not able to book a vacation with.

 

[Matty B13]

I would contact DVC and tell them to immediately transfer your contract to your account. The previous owner doesn't own it anymore, and the broker and title company have no say on when this contract transfers over since you have title to it now.

 

[Best Aunt]

Is this one particular resale company? Or even more specifically, is this one particular employee at a resale company? It seems like this is the third time in the past few months that someone bought a contract, had the deed recorded, and then was told that the points couldn't be transferred to them because oops the seller actually had a trip booked using points on that contract. I'm wondering if we're past the point of coincidence.

How hard would it be for the resale company to send an email to the seller which said nothing else but, "Please reply to this email to confirm that you have double checked your DVC account to be sure that you have not booked any trips using the points on this contract, and that you will not book any trips using the points on this contract."

That's probably in existing paperwork, but a standalone email would (a) remind the seller, and (b) let the resale company at least say "hey, we tried."

 

[GGGT]

That would be a hard "no".

Exactly.

 

[Kylie kaiser]

I would contact DVC and tell them to immediately transfer your contract to your account. The previous owner doesn't own it anymore, and the broker and title company have no say on when this contract transfers over since you have title to it now.

Yes, I am going to try that. I plan to call right when they open at 9 am today.

 

[JGINPL]

below is what a member shared with me when I had my issues. I made it known to DVC and the broker that according to the ROFR documents upon sale remaining points are supposed to be transferred. It also states all reservations must be cancelled by the seller a few sentences up. (although it states reservations that occur after the sale) Don't know if that means they cannot make a reservation after the sale or what.

 

[CarolMN]

Yes, I am going to try that. I plan to call right when they open at 9 am today.

If the CM says no, ask that they please immediately escalate to (name @JGINPL gave you). Explain that this has happened to others and this is the person who resolved this for others. You can also contact that person yourself, but it sounds like DVCMC needs to do some CM training since this looks to be more than an isolated problem.

You might also ask if it would be possible for them to hold the reservation you want in January until your account is set up. If your contact closed weeks ago, you should have been able to book that trip by now.

Good luck and so sorry this is happening. The fact that this broker charges the buyer an adminisration fee is just rubbing salt into a wound.

 

[JGINPL]

If the CM says no, ask that they please immediately escalate to (name @JGINPL gave you). Explain that this has happened to others and this is the person who resolved this for others. You can also contact that person yourself, but it sounds like DVCMC needs to do some CM training since this looks to be more than an isolated problem.

You might also ask if it would be possible for them to hold the reservation you want in January until your account is set up. If your contact closed weeks ago, you should have been able to book that trip by now.

Good luck and so sorry this is happening. The fact that this broker charges the buyer an adminisration fee is just rubbing salt into a wound.

Name I gave is at the Broker side. But if the first CM cannot do much please escalate to a supervisor. Keep pressing with the CM. Unfortunately when I was talking with them they understood the issue but wouldn't do anything until the broker signed off of the transfer. So after speaking with the CM please get an email address where you can email them what you expect to happen and what all steps you took with the said broker to get the issue resolved. Hopefully the broker will work with you to get it released as quickly as possible.

 

[RoseGold]

What do you mean you think you closed? This is public information on the comptroller website. If the deed is recorded, this is closed.

That is important.

 

[JGINPL]

If the deed is recorded on the Orange County deeds website you have closed. If you contact the Title company, you could ask them if they sent all the transfer documents to Disney already as well. The title company would let you know if there was anything in the documents about a delayed closing.

 

[RoseGold]

Wonder if this broker is getting some push back with Disney if this is turning into a practice of sending documents for transfer when there are reservations still on the books. That is why they are wanting an addendum signed.

Sounds like it!!!! Disney knows they have no leg to stand on to deny your points on a recorded contract. They tell the broker they’re going to cancel this. So the broker asks nicely, maybe it works?

 

[pianomanzano]

The fact that this broker charges the buyer an adminisration fee is just rubbing salt into a wound.

I'm assuming there's some sort of legal implication or a internal policy/mod decision preventing us from identifying the broker, but others should be aware of who this broker is as this is clearly not an isolated incident and we may see future posts like this until they fix their issues internally (or have some kind of action brought on by government/regulatory body). As mentioned in the other thread, for those who aren't sure of who this broker is, it's the only resale broker who charges an administration fee for buyers (you can easily google who that is).

 

[RoseGold]

. Unfortunately when I was talking with them they understood the issue but wouldn't do anything until the broker signed off of the transfer.

Wow, that’s new from the old thread. That would have me boiling mad. I would have reported people with how long this took and how much nobody did anything to fix their mistake.

And I still don’t see how Disney can say this. Once the deed changed hands, it’s transferred legally. Not until the broker decides (or not) to turn in a form. Disney’s position makes no sense to me. That has to why they are forcing the new addendum, I see that as a good thing. Disney is going to handle this for them and cancel the reservation.

 

[Kylie kaiser]

What do you mean you think you closed? This is public information on the comptroller website. If the deed is recorded, this is closed.

That is important.

I was just saying I thought everything was going smoothly as in Deed recorded, contract closed would have my points in a few days easy peasy like my other resale contract was but NOPE not with this Broker.

 

[RoseGold]

I was just saying I thought everything was going smoothly as in Deed recorded, contract closed would have my points in a few days easy peasy like my other resale contract was but NOPE not with this Broker.

Your deed is publicly recorded. Are you saying it didn't record?

 

[Kylie kaiser]

What do you mean you think you closed? This is public information on the comptroller website. If the deed is recorded, this is closed.

That is important.

I was just saying I thought everything was going smoothly as in Deed recorded, contract closed would have my points in a few days easy peasy like my other resale contract was but NOPE not with this Broker.

Your deed is publicly recorded. Are you saying it didn't record?

Yes, my Deed is publicly record as of June. But no contract has been loaded and no points.

 

[JGINPL]

I was just saying I thought everything was going smoothly as in Deed recorded, contract closed would have my points in a few days easy peasy like my other resale contract was but NOPE not with this Broker.

Yes, my Deed is publicly record as of June. But no contract has been loaded and no points.

Keep us all posted on how the conversations go with DVC MA and the broker today. Good Luck!

 

[RoseGold]

I would email MA now with the details of the deed right now and tell them you expect the points to be transfered immediately. You do not consent to any delay or to any stays on your membership.

I'd give them a day to fix this, and then I would be furious.

 

[RoseGold]

The other option is to ask how much they are willing to pay for the addendum. I have a price, perhaps you do too. Maybe it would be enough to stay at Yacht Club in January.

 

[Kylie kaiser]

The other option is to ask how much they are willing to pay for the addendum. I have a price, perhaps you do too. Maybe it would be enough to stay at Yacht Club in January.

Agreed, that would be the only option I would sign for.