Contract Addendum Help

[RoseGold]

Yes this is correct I learned that with my ordeal. Be persistent with the broker, I hope they get you the points sooner than later. Disney has pretty much come out and said they won’t do anything without the brokers consent. Which is insane being the broker/agent is supposed to be working for you as well as the seller.

That's a crazy position. I don't see how the broker can stop anything if the title company already completed the transfer. OP needs to get Disney involved.

 

[Sandisw]

Update again:

Disney said they can't help when calling. They told me email is the only way they can address this. All they could do for me on the phone was confirm the email addresses and ensure me someone would respond to my concerns. I'm not really upset with this response seeing though I don't think it is Disney's fault. I think the Broker needs to fix this with the Seller. Maybe I'm wrong?

VP of Broker just finally wrote back to me today and gave me no updates on my request for a partial refund from the sellers all he did was offer to see what he could do on booking our Jan dates for us since I repeatedly mentioned how important that was that we've missed the 7 month mark. This is just a ridiculous response and I am now drafting yet another email to him saying we've reach the point where I need to file a compliant and request a full refund since we are not playing these delay games.

MA and Quality Assurance are the ones who will be handling this so it makes sense MS told you that you needed to email. MA hasn't been taking phone calls for two years since the pandemic started.

But, in my response to Disney I would lay out all the facts...its been closed, it is yours, the broker asked you to sign an addendum which is proof they know that this was not disclosed when you bought and that transfer of the contract should not be held up for any reason, regardless of what the broker says to you.

 

[DonMacGregor]

My understanding is that the estoppel letter does not include anything related to points. It just verifies the financial aspects

Just basing that on reviewing multiple threads here on the boards. If that is the case, and there is no independent third party verification of points status and pending reservations by Disney, then the only other party with access to that information is the seller, and you're left with only the Timeshare Use Certification and Indemnity Agreement and the good-faith representations of the seller.

That impacts each and every resale contract, regardless of broker or title agent.

 

[Sandisw]

Just basing that on reviewing multiple threads here on the boards. If that is the case, and there is no independent third party verification of points status and pending reservations by Disney, then the only other party with access to that information is the seller, and you're left with only the Timeshare Use Certification and Indemnity Agreement and the good-faith representations of the seller.

That impacts each and every resale contract, regardless of broker or title agent.

Yup. I have sold many and I am the one who had to provide it at the beginning and had to give them it again after ROFR.

Which is why MA shouldn’t be the one who holds it up. They should contact the broker but also the new owner and if the brokers can’t prove the new owner agreed to allow the reservation then it’s canceled and contract transferred.

 

[DonMacGregor]

Yup. I have sold many and I am the one who had to provide it at the beginning and had to give them it again after ROFR.

Which is why MA shouldn’t be the one who holds it up. They should contact the broker but also the new owner and if the brokers can’t prove the new owner agreed to allow the reservation then it’s canceled and contract transferred.

Which would appear to be an obvious and potentially fatal flaw in the system. You have one party to the agreement (the seller) as the sole source and verification of key transactional information, with no third-party verification.

 

[Sandisw]

Which would appear to be an obvious and potentially fatal flaw in the system. You have one party to the agreement (the seller) as the sole source and verification of key transactional information, with no third-party verification.

You send though the screenshot of the dashboard but then the full activity statement for the past three years. So it is not just the numbers but copies of the actual info from the website..which would be difficult to fake.

 

[BeachClub2014]

You send though the screenshot of the dashboard but then the full activity statement for the past three years. So it is not just the numbers but copies of the actual info from the website..which would be difficult to fake.

Ultimately, shouldn't MA be able to discern the actual status of any points? If the seller made an after-the-fact reservation, or just failed to disclose a reservation, it would have been under the old contract number. MA should certainly be able to "see" it and cancel the reservation, I would think?

 

[supersnoop]

Which would appear to be an obvious and potentially fatal flaw in the system. You have one party to the agreement (the seller) as the sole source and verification of key transactional information, with no third-party verification.

Point status is (or, at least, has been) verified as part of ROFR. We've heard of contracts being rejected and sent back to brokers to fix when the point status didn't match the contract.

 

[DonMacGregor]

Point status is (or, at least, has been) verified as part of ROFR. We've heard of contracts being rejected and sent back to brokers to fix when the point status didn't match the contract.

Upthread I was told no, they don't verify points during ROFR (which I assumed they did as well).

 

[DonMacGregor]

You send though the screenshot of the dashboard but then the full activity statement for the past three years. So it is not just the numbers but copies of the actual info from the website..which would be difficult to fake.

If you PDF those (which is what you'd do to attach as an email to the broker or title agent) it would take about 5 minutes with a full version of Acrobat (no PhotoShop or other image editing software necessary) to make any changes you needed to, with just about zero evidence that you had.

Regardless of how easy or difficult it might be, my point remains: an integral part of the entire sale is provided by one party and never independently verified. There's no reason why DVC couldn't or shouldn't run their own points report as part of the estoppel process.

 

[BruinEd03]

Update again:

Disney said they can't help when calling. They told me email is the only way they can address this. All they could do for me on the phone was confirm the email addresses and ensure me someone would respond to my concerns. I'm not really upset with this response seeing though I don't think it is Disney's fault. I think the Broker needs to fix this with the Seller. Maybe I'm wrong?

VP of Broker just finally wrote back to me today and gave me no updates on my request for a partial refund from the sellers all he did was offer to see what he could do on booking our Jan dates for us since I repeatedly mentioned how important that was that we've missed the 7 month mark. This is just a ridiculous response and I am now drafting yet another email to him saying we've reach the point where I need to file a compliant and request a full refund since we are not playing these delay games.

Just for clarity, what the broker does with the seller is really between the seller and the broker.

Search for your deed in thr OC Recorders office: https://or.occompt.com/recorder/eagleweb/docSearch.jsp

If you find it, send it to Disney and cc the broker. State that you legally own the contract and ask that membership be transferred to you immediately. If there’s any reservations, they should be cancelled. Let’s be clear you own the contract, it doesn’t matter if the other Party has a pending reservation the points at close are yours.

If there is a reservation, they are now making it on your points and your contract. Disney’s policy is to cancel any pending reservations. Otherwise, the other Party is staying on DVC under your contract.

You should be clear with Disney and the broker. If the broker wants to rent an identical reservation for the seller, or pay the seller, it doesn’t matter. That’s between them and the seller and doesn’t involve you. If the deed is recorded and the seller got paid, that contract is yours.

 

[RoseGold]

Which would appear to be an obvious and potentially fatal flaw in the system. You have one party to the agreement (the seller) as the sole source and verification of key transactional information, with no third-party verification.

There’s another party here who knows exactly how many points there are, Disney. You’d think this would be exactly the contract they’d scarf in ROFR.

 

[DonMacGregor]

There’s another party here who knows exactly how many points there are, Disney. You’d think this would be exactly the contract they’d scarf in ROFR.

That's my whole point (and why I said it upthread). Disney is a third party that can independently verify (and obviously is in the best possible position to do so) the overall points status, as well as any pending reservations. I was under the impression, from reading numerous posts, that they do verify those things prior to issuing the estoppel certificate, but others are saying they do not.

There's zero reason why they couldn't or shouldn't do it. Whether it's part of the formal estoppel certificate (it may not be possible as the certificate, by law, specifically enumerates any outstanding fees, dues, or assessments owed), or a separate process with it's own document, it would serve to eliminate any issues like those we have seen occurring lately. Then there'd be no chance of this type of thing happening because A. The seller couldn't hide a reservation or transfer points out of the contract surreptitiously, and B. Any pending reservations could be cancelled once Disney is made aware of the recordation of the new deed.

As to ROFR, I don't see how this contract would be any more or less appealing than any other.

 

[Kylie kaiser]

Just for clarity, what the broker does with the seller is really between the seller and the broker.

Search for your deed in thr OC Recorders office: https://or.occompt.com/recorder/eagleweb/docSearch.jsp

If you find it, send it to Disney and cc the broker. State that you legally own the contract and ask that membership be transferred to you immediately. If there’s any reservations, they should be cancelled. Let’s be clear you own the contract, it doesn’t matter if the other Party has a pending reservation the points at close are yours.

If there is a reservation, they are now making it on your points and your contract. Disney’s policy is to cancel any pending reservations. Otherwise, the other Party is staying on DVC under your contract.

You should be clear with Disney and the broker. If the broker wants to rent an identical reservation for the seller, or pay the seller, it doesn’t matter. That’s between them and the seller and doesn’t involve you. If the deed is recorded and the seller got paid, that contract is yours.

Yes, I’ve done this. I emailed Disney 2 days ago with my deed attached requesting the reservation be canceled immediately but I still have yet to hear back. When calling yesterday they advised me they cannot help me over the phone and that it’s an email service only. That’s why I’ve been trying to pursue this with the Broker to get them to explain to the sellers they need to cancel since I did not sign their addendum. I haven’t gotten far with the broker either. I’ve asked to escalate it up the chain even further at this point.

 

[pianomanzano]

Yes, I’ve done this. I emailed Disney 2 days ago with my deed attached requesting the reservation be canceled immediately but I still have yet to hear back. When calling yesterday they advised me they cannot help me over the phone and that it’s an email service only. That’s why I’ve been trying to pursue this with the Broker to get them to explain to the sellers they need to cancel since I did not sign their addendum. I haven’t gotten far with the broker either. I’ve asked to escalate it up the chain even further at this point.

At this point, I think an e-mail to both Bill Diercksen and the VP from the broker with threats of reporting both to the AG or the appropriate regulatory entity in Florida regarding this issue would force them to pay attention to this and right some wrongs. The transaction has occurred, deed closed, there should be no waiting when the seller wasn't forthcoming in all its details and the broker not doing their due diligence (again) in verifying information.

 

[Kylie kaiser]

At this point, I think an e-mail to both Bill Diercksen and the VP from the broker with threats of reporting both to the AG or the appropriate regulatory entity in Florida regarding this issue would force them to pay attention to this and right some wrongs. The transaction has occurred, deed closed, there should be no waiting when the seller wasn't forthcoming in all its details and the broker not doing their due diligence (again) in verifying information.

Yup, I did mention that I will be filing a claim with the attorney general of Florida if this is not resolved and that so far has gotten me no where. My entire email to the VP of the broker pretty much went ignored and his only take away was trying to get me a reservation booked for Jan with the help of Disney or the sellers. I made it very clear in my response back last night that this does not resolve anything. At this point booking a reservation for me is not at all meeting the contract requirements or my request. I made it very clear that if I do not have access to my membership with the reservation canceled or a partial refund offered from the sellers then I am taking further legal action. So I will be interested to see what he says back today. I also attached reference from the contract that said the sellers are to refund the buyers of closing cost, fees etc. if the contract is not honored. Hoping that helps too.

 

[pianomanzano]

My entire email to the VP of the broker pretty much went ignored and his only take away was trying to get me a reservation booked for Jan with the help of Disney or the sellers.

This part shows how little he knows. If the sellers book the reservation on your behalf, then MA still can't transfer it over to you since it will count as another existing reservation.

Good luck OP, sorry you're going through all of this!

 

[Kylie kaiser]

This part shows how little he knows. If the sellers book the reservation on your behalf, then MA still can't transfer it over to you since it will count as another existing reservation.

Good luck OP, sorry you're going through all of this!

Yeah, exactly. Thank you, glad to have these boards to make me not feel like I’m crazy for not agreeing to this. It seems like every time I speak with the Vp he makes it seems like what I am asking is ridiculous since as he says “ it’s only a couple more weeks until their reservation is complete” but like I had to explain to him even if it’s 2 more weeks it still takes Disney time to process the membership account and load the points so essentially it’s not just “ 2 weeks”. And just in general it’s not okay since that’s not what the contract said.

 

[Matty B13]

Yeah, exactly. Thank you, glad to have these boards to make me not feel like I’m crazy for not agreeing to this. It seems like every time I speak with the Vp he makes it seems like what I am asking is ridiculous since as he says “ it’s only a couple more weeks until their reservation is complete” but like I had to explain to him even if it’s 2 more weeks it still takes Disney time to process the membership account and load the points so essentially it’s not just “ 2 weeks”. And just in general it’s not okay since that’s not what the contract said.

He is just covering his companies liabilities at this point. No you are not crazy, this is completely wrong.

 

[karen4546]

OP, time is not on your side. Sounds like the VP is just waiting it out so they can have their cake and eat it too.

Email 3 times a day. Copy everyone.
Emailing is the because you have proof of what is being discussed. If the VP of the agency calls then you have no record other than he said she said. You are going to need proof of their handling of this situation.

You can bet that if this contract was ROFR by DVCM then they would cancel the seller’s reservation but since they don’t have a stake in this they are not as quick to react.

I really hope this is resolved for you asap.