Contract Addendum Help

[pangyal]

OP, you are getting some really solid advice from highly knowledgeable people, and I wanted to just let you know that I find this situation absolutely galling and really sympathize with you. I was also wondering whether Florida has any type of Real Estate Ethics Board that might benefit from a complaint against this broker? It’s beyond unacceptable. These are 100% your points by law and they simply cannot force you to allow what is essentially a renter at this point to supersede your legal directives for the contract.

 

[Kylie kaiser]

I'd be livid. Heck, I'm livid for the OP. Like others have said, knowimg 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 DVCMC can refuse the rightful and legal owner access to their points. Do we have a Fla real estate attorney who can chime in?

Yes, I just laid that out in my email once again that had I known this was a delayed closing I would have passed or offered less since we did a full price asking to get the ball rolling quickly- clearly our mistake. We intended on purchasing this contract for a Jan trip and that chance has already passed. This just confirmed for me why buying direct is worth the extra cost for no hassle.

 

[Kylie kaiser]

Thanks everyone. Seeing though the seller wanted me to agree to their new terms can I do the same and suggest a partial refund at their expense? My husband and I were thinking of what another poster said we would agree to this nonsense if the price were right and well if the sellers had to pay our closing cost or something like that then I might not be so angry about waiting another month for my points.

 

[JGINPL]

Yea it cannot hurt for you to ask for this. Still would try getting ahold of member admin tomorrow to see if you can get them to cancel the reservation and move the contract to you. I don’t know if they will do it but, ask what documentation they need? Say you can provide the sales agreement showing no delayed closed and the closing documents that don’t show that either. The title company wasn’t aware of the delay either. By OPs discussion with the broker the broker wasn’t even aware of this reservation. If they weren’t aware of this there should be no reason for them not to agree to cancel the reservation. This doesn’t make sense.

 

[BruinEd03]

Thanks everyone. Seeing though the seller wanted me to agree to their new terms can I do the same and suggest a partial refund at their expense? My husband and I were thinking of what another poster said we would agree to this nonsense if the price were right and well if the sellers had to pay our closing cost or something like that then I might not be so angry about waiting another month for my points.

I wouldn’t do that. They’ll just drag the negotiation past July 29.

 

[DonMacGregor]

Yea it cannot hurt for you to ask for this. Still would try getting ahold of member admin tomorrow to see if you can get them to cancel the reservation and move the contract to you. I don’t know if they will do it but, ask what documentation they need? Say you can provide the sales agreement showing no delayed closed and the closing documents that don’t show that either. The title company wasn’t aware of the delay either. By OPs discussion with the broker the broker wasn’t even aware of this reservation. If they weren’t aware of this there should be no reason for them not to agree to cancel the reservation. This doesn’t make sense.

That, and the fact (and it appears to be confirmed) that the seller made a material misrepresentation when they signed the Timeshare Use Certification and Indemnity Agreement.

 

[cvjw]

We just sold a contract with another broker. They made me send them copies of all my points in my dashboard and the point histories for 3 years. Made me wonder why in the world I had to do all that. Seemed like a waste of time and energy. Now I see why. Sounds like all brokers need to do this with their closing process.

 

[Sandisw]

We just sold a contract with another broker. They made me send them copies of all my points in my dashboard and the point histories for 3 years. Made me wonder why in the world I had to do all that. Seemed like a waste of time and energy. Now I see why. Sounds like all brokers need to do this with their closing process.

I have sold with a few different brokers and they all needed things like that. I can’t believe this one does not.

 

[Kylie kaiser]

I have sold with a few different brokers and they all needed things like that. I can’t believe this one does not.

Yeah the VP of operations for the Broker kept telling me this somehow “slipped through”.

 

[supersnoop]

But that the new close date would still be 7/29/22 as the check out date for their reservation.

What do you want to do with this contract now? You could remind him of the close-by date in your signed agreement and tell him that because of the default, you'd like him to return your funds and walk away. That would either get your money back or light a fire under him to figure out a better solution.

 

[Sandisw]

What do you want to do with this contract now? You could remind him of the close-by date in your signed agreement and tell him that because of the default, you'd like him to return your funds and walk away. That would either get your money back or light a fire under him to figure out a better solution.

The problem is the contract closed. They own it. They can’t walk away. It would have to go through a sale back to the previous owner.

 

[JGINPL]

Good point you have closed by the close date. They shouldn’t be able to hold this up anymore good luck and good luck with MA at DVC

 

[JGINPL]

Make sure to emphasize with DVC that after the close date the broker is trying to force you to sign an extended close agreement.

 

[RoseGold]

-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.

Absolutely ridiculous response. Completely unethical at best. I can think of worse words I would use.

LOLOL That's a big DUMBO NO from me dog. The title company recorded with the state of Florida that this contract is mine.

I'd be escalating to Disney now. And probably regulatory boards.

Disney should be on your side, but time is not. I'd be on Disney like Aladdin on bread.

 

[RoseGold]

Time to email Bill and MA. Tell them the broker has decided they are changing the close date on a contract that has already closed and recorded, after not disclosing any of this to you. You don't consent and refused to sign the addendum. You want your points now. You wanted to book Jan X-X 1BR BLT, and now that might be impossible because of this delay.

Thanks for your immediate attention to this urgent matter.

wdw.dvc.member.administration@disney.com
william.c.diercksen@disney.com

I would cc the title company and the broker.

When I emailed Terri about the resale glitch, they did get back to me in a day or two and make that one booking right. They didn't, you know, fix the website, but they did make it right for that situation.

 

[wnielsen1]

Disney needs to stop letting the tail wag the dog. And https://www.fidelityrealestate.com/ needs to get their house in order quickly.

 

[JGINPL]

Disney needs to stop letting the tail wag the dog. And https://www.fidelityrealestate.com/ needs to get their house in order quickly.

Exactly even if you want to give said broker the benefit of doubt that they didn’t know or weren’t told of the reservation. Time for them to tell the seller “you weren’t truthful of an upcoming reservation, you have been paid to sell this contract, we are sending a cancellation request to Disney to transfer the ownership as quickly as possible” end of story

 

[RoseGold]

If the broker's position is that this contract hasn't closed yet, that means someone filed with the County Controller for a contract that hasn't even closed. Wow.

 

[DonMacGregor]

Again, they can use whatever flowery language they choose: "the seller failed to disclose", "they didn't tell us they had a reservation", "we didn't know about the reservation", whatever. The bottom line is, THE SELLER LIED! They signed a disclosure that made a material misrepresentation of facts.

Someone at Fidelity needs to grow a pair and rectify this at the seller end, where 100% of the problem lies, and where the party lied. Not at the end where the party did everything right, yet is suffering the consequences. I fail to understand the aversion to going after the seller. Are they afraid to hurt their feelings? Is it the broker's mother in law?

 

[JGINPL]

Plus OP stated title company sent everything to Disney. I do believe this was caught by Disney after the fact. They need to switch their procedures and call the sellers when they get these. Tell the seller they have 1 day to try to reorganize a trip and then the contract will change hands at Disney.