Contract Addendum Help

[JGINPL]

I like the idea of emailing multiple times. Like others have said CC member administration and Bill. Eventually one of them is gonna get annoyed and see the no reaction to what you are asking and put pressure on the broker. If you have time send one this morning with all of the steps you have taken. Be very specific and start that chain of emails going. Quote both the contract (exact language on when the contract states closing has taken place) and put all your closing dates and when the deed was recorded. Specify that the broker tried to make you sign the addendum x number of days after closing had taken place and you refused. Quote the ROFR document above stating that the reservation is supposed to be cancelled. Good luck!

 

[Hoppy-tn]

keep reading this thread and hoping the issue gets took care of. I get madder each time I check the read And it has nothing to do with me. You are handling this a lot cooler headed and nicer than I would be. I would have already told the broker and the owner of the company that I am on my way to their office and it is getting resolved one way or the other. I would have already contacted a lawyer and got some advice on any legal actions I had and if I had anything I could call the police and have charges brought against the brokers for and let the brokers know I was pressing charges against them for anything I could. I would consider this fraud and theft but it might not legally be. It doesn’t sound like the broker has any intention of helping you and they are just keeping you on the hook until the sellers get their vacation. Heck I would even go to Disney the week the sellers are their and have it out with them too and have them arrested if I could for theft and fraud and anything else. There is no way I would keep playing their games on this issue.

 

[Kylie kaiser]

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.

Thanks for the tip! I will send another email now.

 

[Kylie kaiser]

keep reading this thread and hoping the issue gets took care of. I get madder each time I check the read And it has nothing to do with me. You are handling this a lot cooler headed and nicer than I would be. I would have already told the broker and the owner of the company that I am on my way to their office and it is getting resolved one way or the other. I would have already contacted a lawyer and got some advice on any legal actions I had and if I had anything I could call the police and have charges brought against the brokers for and let the brokers know I was pressing charges against them for anything I could. I would consider this fraud and theft but it might not legally be. It doesn’t sound like the broker has any intention of helping you and they are just keeping you on the hook until the sellers get their vacation. Heck I would even go to Disney the week the sellers are their and have it out with them too and have them arrested if I could for theft and fraud and anything else. There is no way I would keep playing their games on this issue.

That’s the problem. I’m often a people pleaser so trying to stand up for myself on this has already pushed me out of my comfort zone but I know contractually this is not okay and should not be something I easily accept.

 

[RamblinWreck]

That’s the problem. I’m often a people pleaser so trying to stand up for myself on this has already pushed me out of my comfort zone but I know contractually this is not okay and should not be something I easily accept.

Tell the broker since the contract is apparently not closed yet, and you don't agree to the new terms, that they need to just cancel the entire sale and send you all of your money back including any deposit.

That ought to be interesting since the sale has actually already closed, and they've already paid the seller. And since the deed is already recorded in your name, they wouldn't be able to cancel the transaction without you signing it back over.

 

[RoseGold]

Id email, chat, phone three times a day until someone calls me back from disney. Disney’s silence is not acceptable to me.

They want to play games and let some stranger on your account for free, they can say that out loud.

 

[BeachClub2014]

I would have a lawyer send a letter to all parties indicating that if the terms of the contract, and closed real estate transaction, are not immediately honored, then legal action to follow. I've been watching this saga unfold and feel bad for the OP. This ain't right. Time to get the lawyer involved.

 

[RoseGold]

I would have a lawyer send a letter to all parties indicating that if the terms of the contract, and closed real estate transaction, are not immediately honored, then legal action to follow. I've been watching this saga unfold and feel bad for the OP. This ain't right. Time to get the lawyer involved.

There's no response to OP from Disney yet. That might be all she needs. I mean, it should be really.

 

[BeachClub2014]

There's no response to OP from Disney yet. That might be all she needs. I mean, it should be really.

Could be, but calling didn't work and they haven't responded to the emails. Just saying that it might be time to ratchet up pressure to get these different parties to do the right thing. None of this should have really happened.

 

[Best Aunt]

I googled "agency which oversees timeshares in Florida" and this popped up from the Florida Office of the Attorney General:

File a complaint.

If you are defrauded by a timeshare seller or reseller, file a complaint with the Attorney General's Office online at www.myfloridalegal.com or by phone toll-free at 1-866-9-NO-SCAM. Additionally, you may contact the Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes, Bureau of Timeshares online at www.myfloridalicense.com/dbpr/lsc/timeshare.html or by phone at (850) 488-1122.

You may also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the State's consumer complaint clearinghouse, at www.floridaconsumerhelp.com.

https://myfloridalegal.com/pages.nsf/main/9161973ee14fdb1a85256cc900600947!opendocument

 

[CarolMN]

Sadly, filing complaints won't result in quick action. They can take months to move through the process.

I hope Disney steps up. They really need to update their process to transfer a contract as soon as they are notified that the contract is closed and deed recorded. Proper notification and documentation of a delayed closing needs to be in the purchase agreement. That's on the seller and broker, not the buyer. I do not understand why Disney is deferring to a broker after closing. How are they not legally liable here?

 

[JGINPL]

Sadly, filing complaints won't result in quick action. They can take months to move through the process.

I hope Disney steps up. They really need to update their process to transfer a contract as soon as they are notified that the contract is closed and deed recorded. Proper notification and documentation of a delayed closing needs to be in the purchase agreement. That's on the seller and broker, not the buyer. I do not understand why Disney is deferring to a broker after closing. How are they not legally liable here?

This was the most frustrating part when I spoke with Disney on my issue. I was like I can send you all the documentation showing there was no delay listed on anything. Yet Disney said they had to wait until the broker ok'd the changeover. Very frustrating.

 

[Kylie kaiser]

Update :

Sure hope this is going to be one of the last of my updates and that this really will be resolved today like I was assured by Disney. Anyways:

I emailed VP at Broker again this morning... no response.

I emailed DVC again this morning stating we are now 15 days past close with no resolutions since I declined to sign the addendum and finally a response! I got a phone call and the lady on the phone representing Disney assured me she was on this and that we are the legal owners. She said she reviewed the contract I included and would work on removing the sellers reservation. She said in the meantime she would have member's services book me my Jan dates even though the Grand Floridian is already gone I at least told her to snag me the Polynesian for a split stay. She said she will be in touch with me later today and gave me her personal cell phone number to call her with any other questions. So, I am feeling pretty hopeful that she will get this resolved today like she promised .

As for the broker I emailed VP again after my conversation with Disney to tell him I am still fully expecting the admin fee to be returned to me as he agreed upon.

 

[DonMacGregor]

At some point, someone is going to have to step on the broker’s throat. Especially, if this becomes an ongoing pattern of behavior.

I’m not convinced that anything is actually being done by the broker, or that there’s even a decision maker involved. Sure, this person is being represented as a “Vice President”, but what does that really mean? The broker, relatively speaking, isn’t a particularly large organization, so this guy could be the “VP” of Wasting People’s Time for all we know. Financial institutions, particularly larger ones, have hundreds of VP’s, sometimes using the term interchangeably with “Branch Manager”.

As an example, when we started our firm in 1993, I was given the title of Vice President as I was the only founding member out of our original four that wasn’t a family member (they took President, COO and CFO). I was a VP in an organization that had 7 employees in a 1,000 Sf upstairs office (with the bathroom downstairs). Now, we have 275 employees in 10 offices nationwide and I’m Senior Vice President and COO, as two family members have passed and I now have an equity share.

What started out as not much more than a vanity title developed into something obviously more substantial, but the “VP” title has more or less stayed the same.

When we expanded into Florida, in order to get our corporate engineering license, the applicant had to be an executive, so we just slapped “VP” on one of our local engineers and called it a day. He has zero authority or oversight over anyone, no corporate voting rights, nothing. He was just added to our foreign corporation registration (California Corp.).

 

[BeachClub2014]

At some point, someone is going to have to step on the broker’s throat. Especially, if this becomes an ongoing pattern of behavior.

I’m not convinced that anything is actually being done by the broker, or that there’s even a decision maker involved. Sure, this person is being represented as a “Vice President”, but what does that really mean? The broker, relatively speaking, isn’t a particularly large organization, so this guy could be the “VP” of Wasting People’s Time for all we know. Financial institutions, particularly larger ones, have hundreds of VP’s, sometimes using the term interchangeably with “Branch Manager”.

As an example, when we started our firm in 1993, I was given the title of Vice President as I was the only founding member out of our original four that wasn’t a family member (they took President, COO and CFO). I was a VP in an organization that had 7 employees in a 1,000 Sf upstairs office (with the bathroom downstairs). Now, we have 275 employees in 10 offices nationwide and I’m Senior Vice President and COO, as two family members have passed and I now have an equity share.

What started out as not much more than a vanity title developed into something obviously more substantial, but the “VP” title has more or less stayed the same.

Awesome story! Good for you.

Heck, I'm not even a VP in my own family. Chief dishwasher, perhaps.

 

[pianomanzano]

Awesome story! Good for you.

Heck, I'm not even a VP in my own family. Chief dishwasher, perhaps.

Lucky you, I got demoted to princess security! Have another princess on the way any day now, more responsibilities and same pay! lol

 

[DonMacGregor]

Awesome story! Good for you.

Heck, I'm not even a VP in my own family. Chief dishwasher, perhaps.

Didn’t mean it to come off as a slap on my own back. I tried to word it differently but convey the same message that corporate titles can be vanity or practical, and often mean absolutely nothing, while adding anecdotal support.

I just added another example.

Flame away. LOL

 

[JGINPL]

Great Job to OP on being persistent and good job to everyone on here that helped with this case. These boards have helped 2 members in the last 2 months deal with this issue. It is a lot easier when you have a group of people that have your best interests at heart!

 

[BeachClub2014]

Didn’t mean it to come off as a slap on my own back. I tried to word it differently but convey the same message that corporate titles can be vanity or practical, and often mean absolutely nothing, while adding anecdotal support.

I just added another example.

Flame away. LOL

Didn't take it that way at all. I actually get inspired when I read about small start-ups that become successful over time. I don't have the intestinal fortitude to take the chance. Good on you all!

 

[BeachClub2014]

Lucky you, I got demoted to princess security! Have another princess on the way any day now, more responsibilities and same pay! lol

That's the best job ever! Congrats on the pending arrival.