Contract Addendum Help

[Kylie kaiser]

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.

Yes, emailing now. MA had a 52 minute wait which doesn't work for me right now since I have a work meeting in a few minutes. Erg.

 

[RoseGold]

Yes, emailing now. MA had a 52 minute wait which doesn't work for me right now since I have a work meeting in a few minutes. Erg.

Ask what they will pay before you email. Maybe everyone can be happy?

 

[RoseGold]

You may want to verify all the points that you should be getting too because if they hadn’t disclosed this trip I hope they aren’t using your points.

Right. The previous poster wasn't expecting current points, sounds like you are. If they are using your points, they are just stealing. Your contract should have a rate that will be deducted at escrow. Frankly, the rate in my last one was too low IMO. You have to decide whether you want to sell your points. Or maybe they are using points that weren't in the original? Sounds like the broker or title company should have known that.

 

[RoseGold]

s 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.

In the same time frame too. Given how the last one went, I would bet it's handled differently now...

I would have no problem using that broker, assuming I had the title company I wanted. I don't understand how the title company didn't catch this either. There's no way they want to be doing business like this, and this seems pretty easy to fix on the front end.

 

[supersnoop]

To be clear about the process, the title company records the deed and receives it back after it's filed, and then they send it to Disney to complete the transfer. It sounds like, and this is just me guessing, that the title company hasn't send the documents to Disney yet because they know about the reservation. If that's the case, then Disney won't have any idea who you are or what you're talking about since they (most likely) haven't been notified yet. I think you need to focus on your broker.

With the deed filed, it will be a huge headache for them to undo. A simple "no" should force their hand. From a legal perspective, I think you've already closed and they'd have to get you to sign a new deed or some sort of quit claim to get it rescinded. That simple "no" would require them to send you back all of your money and there should be no conditions on that requirement. I think you've got the upper hand here.

 

[sndral]

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.

I certainly hope so! Used to be if there were reservations they got canceled so that the new owner had access to the contract they legally owned & none of this oops MA will just sit on it nonsense.
What if you bought a house & the owner ‘forgot‘ to mention they’d rented the house to a tenant who’s lease wasn’t up for several months, then the sellers signed a contract agreeing to a closing date before the tenant was required to move out, then they closed & didn’t mention said tenant or lease, & you go to move in & oops, can’t until the tenant’s lease is up.
Here’s a copy of a basic demand letter/email that I suggested in JGINPL’s thread dealing w/ the same issue, I’d cc the broker & the title co. & just for good measure maybe send a separate email to the title company asking that they provide you with contact information for your title insurance provider.

Sounds like you have your answer.
Send an email to the title company repeating your verbal questions - did the transfer request they sent to DVC include an instruction to delay transfer until after 7/7/22?
I’ve never sold a contract, but in looking at the documents used in gratuitous transfer cases DVC requires that a transfer request signed by the person transferring (seller) plus a copy of the deed be sent to DVC. For those who have sold contracts did you sign transfer request documents?
The problem I see is that if MA has a transfer request that instructs them not to transfer ownership rights until after 7/7/22 they have no way of knowing whether the parties contracted for that or not.

My email to DVC would basically be a demand letter, worded something like this:
On May 3, 2022, I became the legal owner of XYZ when my deed was recorded in Orange County, Florida. When ownership of my property was not transferred into my membership ABC in a timely fashion I asked Title Co. X, Broker Y, and DVC MA what was causing this delay and thus far have not received an explanation for this unlawful failure to transfer my ownership interest into my membership.
The failure to transfer my ownership of XYZ into my membership ABC in a timely manner has caused me material harm and interfered with my planned usage of my ownership interest in deed XYZ. It also has exposed me to potential liability from unauthorized use of my ownership of XYZ.
Since no explanation of or legal authority for delaying the transfer of my ownership has been provided to me by any party, I hereby demand that you transfer my ownership of deed XYZ into my membership ABC immediately to mitigate further diminution of the value of my lawful ownership of said property.
Thank you for your prompt attention to the resolution of this matter.
Sincerely
JGINPL

You want a paper trail because you should report the agent & broker to the relevant licensing authorities. By doing so you’ll perhaps cause them to correct their practices & save future buyers from being dealt with dishonestly.

 

[RoseGold]

I think it's really interesting they've already changed the procedure, by asking for the addendum. To me, this means Disney is acting right or at least threatening to act right, as they should have all along.

 

[sndral]

I think it's really interesting they've already changed the procedure, by asking for the addendum. To me, this means Disney is acting right or at least threatening to act right, as they should have all along.

The broker sent the request for the addendum, it’s unclear to me what triggered that - could have been DVC inquiring or maybe the title company? Or, since the higher up at the brokerage just dealt w/ this issue, maybe they are attempting to protect themselves from liability for their failure to disclose a material fact & willful interference w/ OP’s property rights.

 

[RoseGold]

Or, since the higher up at the brokerage just dealt w/ this issue, maybe they are attempting to protect themselves from liability for their failure to disclose a material fact & willful interference w/ OP’s property rights.

Can't blame them for trying. I mean, I'm sure there are people who would just sign.

Now they have to figure out if this is the seller or the broker or the title company's fault. Or, if it's just stealing points with a new booking after the contract closed, also possible.

 

[CarolMN]

Now they have to figure out if this is the seller or the broker or the title company's fault. Or, if it's just stealing points with a new booking after the contract closed, also possible.

At this point, I doubt the OP cares whose fault it is, although I'd like to know just out of curiosity.

It's not the OP's responsibility to make this right for any of those parties, and I hope the OP is not shy about pointing that out. I also think that both the broker and title company should be reported to the appropriate Florida state licensing agency. A complaint sent to the BBB couldn't hurt either.

I am surprised at DVCMC's reluctance to set up the account and transfer the points. The contact is closed and they have no documentation showing the buyer agreed to a delayed closing. IANAL, but how are they NOT in a very precarious legal position?

 

[RoseGold]

I am surprised at DVCMC's reluctance to set up the account and transfer the points. The contact is closed and they have no documentation showing the buyer agreed to a delayed closing. IANAL, but how are they NOT in a very precarious legal position?

That's why I think the addendum is good news.

To me, this means Disney called and said hey, we are about to cancel this reservation and transfer all of this, unless you send us over the delayed closing paperwork. There's nothing in this file. I hope it was a lawyer who called and it was substantially less nice. It's the obvious and correct position for Disney.

For OP, if they want to change the contract now, they better pay.

 

[Kylie kaiser]

Here's the information I got today:

I contacted the title company and they said that they did in fact send the documents over to Disney and confirmed that Disney has 'finalized the transaction'. She then told me that the Broker's manager would be reaching out to me to discuss.

I contacted my original Broker and go no response via email. I then called and also go no response. Thankfully JGINPL shared their direct contact with me so I emailed him. After about 30 mins I got a call from the VP of operations for their brokerage and the main points from the conversation are as follows:

- He apologized multiple times and said this has happened a few times recently and that the agent was unaware of this pending reservation. He said the agent learned this from Disney as the seller did not disclose it either.
- He agreed to return the $195 admin fee to us.
-He pretty much told me that 7/29/2022 would be the new close date and that he couldn't do much about it since He said Disney won't let them close until the reservation is done. I asked if they can request the seller's to cancel their reservation or transfer it to another contract they may have but he brushed that off on the multiple occasions I asked.
- He told me he would confirm with the sellers that they were not using our 2022 points for this reservation and that he would get back to me on that.

Well he now just wrote back to me and said the seller's confirmed they are not using the 2022 use year points. But that the new close date would still be 7/29/22 as the check out date for their reservation.

So, I guess I am just wondering what would you do?

This all has left me uneasy since it's as if the sellers will just get their way regardless if I sign the addendum or not. Even after telling the VP that I do not agree with the terms and because of their delay I am missing out on booking my Jan trip (He just apologized for this but didn't offer a course of action other than to wait it out till their check out date at the end of the month).

I am wondering if I even have any legal course of action here to get my money back and cancel the purchase? Or is my next step to call Disney to see if they will cancel the reservation on my behalf as the new owner?

**Note I tried calling Disney twice today but both times had a very long wait and of course the second time I called I had already waited 40 mins when the VP then called me so I hung up to answer him. I do have an email out to Disney but I suspect that to take days for a response.

 

[BruinEd03]

Here's the information I got today:

I contacted the title company and they said that they did in fact send the documents over to Disney and confirmed that Disney has 'finalized the transaction'. She then told me that the Broker's manager would be reaching out to me to discuss.

I contacted my original Broker and go no response via email. I then called and also go no response. Thankfully JGINPL shared their direct contact with me so I emailed him. After about 30 mins I got a call from the VP of operations for their brokerage and the main points from the conversation are as follows:

- He apologized multiple times and said this has happened a few times recently and that the agent was unaware of this pending reservation. He said the agent learned this from Disney as the seller did not disclose it either.
- He agreed to return the $195 admin fee to us.
-He pretty much told me that 7/29/2022 would be the new close date and that he couldn't do much about it since He said Disney won't let them close until the reservation is done. I asked if they can request the seller's to cancel their reservation or transfer it to another contract they may have but he brushed that off on the multiple occasions I asked.
- He told me he would confirm with the sellers that they were not using our 2022 points for this reservation and that he would get back to me on that.

Well he now just wrote back to me and said the seller's confirmed they are not using the 2022 use year points. But that the new close date would still be 7/29/22 as the check out date for their reservation.

So, I guess I am just wondering what would you do?

This all has left me uneasy since it's as if the sellers will just get their way regardless if I sign the addendum or not. Even after telling the VP that I do not agree with the terms and because of their delay I am missing out on booking my Jan trip (He just apologized for this but didn't offer a course of action other than to wait it out till their check out date at the end of the month).

I am wondering if I even have any legal course of action here to get my money back and cancel the purchase? Or is my next step to call Disney to see if they will cancel the reservation on my behalf as the new owner?

**Note I tried calling Disney twice today but both times had a very long wait and of course the second time I called I had already waited 40 mins when the VP then called me so I hung up to answer him. I do have an email out to Disney but I suspect that to take days for a response.

Just because the VP said the new closing date is July 29 doesn’t make it so. If the deed is already recorded the document, the property (eg contract) is legally yours. I would suggest contacting the VP and Disney and demanding that the membership be transferred to you and that all reservations be cancelled.

Feel free to email or call the Florida AG to report: http://myfloridalegal.com/pages.nsf/main/9161973ee14fdb1a85256cc900600947!opendocument

 

[JGINPL]

I would push the VP and try to get ahold of Disney. This is not right and just the return of the admin fee isn’t enough for this. This is more than a delayed closing, the closing took place, and funds have been disbursed to the seller. This isn’t a we are gonna wait for this date to finalize everything. Keep pushing tell them you may have to contact the Florida Attorney General on this as well. You feel that this has been deceptive they way they have handled this situation. If they cannot make this right you want them to purchase this from you as they haven’t held up to their end of the transaction.

 

[Matty B13]

I second contacting Disney about this, not just DVC, this is just wrong.

 

[pianomanzano]

Here's the only e-mail you need right now.

william.c.diercksen@disney.com

 

[JGINPL]

Here's the only e-mail you need right now.

william.c.diercksen@disney.com

Detail every step you have taken. I had messaged him as well and never heard anything back. I wish you luck. Push back on the broker asking where you signed this delayed transfer. Ask if the funds have been paid to the seller to the broker. If he answers yes to funds paid to the seller the sale has taken place. The title company will tell you funds have changed hands this sale had already taken place with proof the that deed has been recorded. Try to get a hold of member administration. They will most likely say the same thing but press them asking where it says to delay the transfer. You have signed no such form. What did the VP say about why the were trying to make you sign a delayed closing?

 

[CarolMN]

the new close date would still be 7/29/22

The contact is already closed and recorded. How can there be a "new close date"?

File a complaint with the Florida Real Estate Commission. Copy the broker.

https://study.com/academy/lesson/fl...ense-law-violations-penalties-procedures.html

 

[zachatak]

I'd be livid. Heck, I'm livid for the OP. Like others have said, knowing of this pain in the backside delay would have changed my original offer or I'd have passed and moved on to another contract. This is just all wrong.
I don't grasp how DVC can refuse the rightful and legal owner access to their points. Do we have a Fla real estate attorney who can chime in?

 

[Sandisw]

Here's the information I got today:

I contacted the title company and they said that they did in fact send the documents over to Disney and confirmed that Disney has 'finalized the transaction'. She then told me that the Broker's manager would be reaching out to me to discuss.

I contacted my original Broker and go no response via email. I then called and also go no response. Thankfully JGINPL shared their direct contact with me so I emailed him. After about 30 mins I got a call from the VP of operations for their brokerage and the main points from the conversation are as follows:

- He apologized multiple times and said this has happened a few times recently and that the agent was unaware of this pending reservation. He said the agent learned this from Disney as the seller did not disclose it either.
- He agreed to return the $195 admin fee to us.
-He pretty much told me that 7/29/2022 would be the new close date and that he couldn't do much about it since He said Disney won't let them close until the reservation is done. I asked if they can request the seller's to cancel their reservation or transfer it to another contract they may have but he brushed that off on the multiple occasions I asked.
- He told me he would confirm with the sellers that they were not using our 2022 points for this reservation and that he would get back to me on that.

Well he now just wrote back to me and said the seller's confirmed they are not using the 2022 use year points. But that the new close date would still be 7/29/22 as the check out date for their reservation.

So, I guess I am just wondering what would you do?

This all has left me uneasy since it's as if the sellers will just get their way regardless if I sign the addendum or not. Even after telling the VP that I do not agree with the terms and because of their delay I am missing out on booking my Jan trip (He just apologized for this but didn't offer a course of action other than to wait it out till their check out date at the end of the month).

I am wondering if I even have any legal course of action here to get my money back and cancel the purchase? Or is my next step to call Disney to see if they will cancel the reservation on my behalf as the new owner?

**Note I tried calling Disney twice today but both times had a very long wait and of course the second time I called I had already waited 40 mins when the VP then called me so I hung up to answer him. I do have an email out to Disney but I suspect that to take days for a response.

If it were me, I would contact him and say that you have already closed, so there is no new date. I would also tell him that you intend to reach out to MA…membership administration and tell them that as the current owner, you never consented to a delayed closing and that his company is not being honest with DVC about the situation

Per their own contract, DVD is supposed to cancel a reservation when the sale is complete. I would then tell this broker that if he doesn’t follow through with MA and tell them to get this processed ASAP, you will file a complaint

I would then call MA and explain that regardless of what you are being told by the broker, your contract has been closed, deed recorded and that as the owner, you are entitled to the contract now.