DVC "dues"

bobbiwoz

I'm happy to dance with you!
Joined
Aug 26, 2003
Messages
175,595
DH asked me a question that I can't answer.

Disney uses ROFR and gets 100 points VWL. The dues/taxes for that contract have been paid because we pay the whole bill in January/February. They then sell the points and charge the buyer prorated dues to the end of the year. Has Disney collected taxes/dues on those points twice? Or has Disney reimbursed the seller the dues for the time they will not own the points.

Thank you.

Bobbi :flower:
 
bobbiwoz said:
DH asked me a question that I can't answer.

Disney uses ROFR and gets 100 points VWL. The dues/taxes for that contract have been paid because we pay the whole bill in January/February. They then sell the points and charge the buyer prorated dues to the end of the year. Has Disney collected taxes/dues on those points twice? Or has Disney reimbursed the seller the dues for the time they will not own the points.

Thank you.

Bobbi :flower:
This is just a guess. I think it wouldn't be legal to charge for the dues twice. I don't think Disney is in the habit of returning money. Since those points were already paid for, I would guess they put current year and any banked points in their inventory seperate from the rest of the contract and book rooms for cash/give away as incentives or do whatever else they want with them, then sell the points starting with the next use year.
 
I'm not sure on this but I think Disney matches the original deal. So if the sale was to include the new buyer to pay closing and dues, then Disney would have to do that also.
 
Dues are misunderstood by almost everybody. Many seem to think that the dues you pay in January are for your Use Year points for that year. They are not. They are for the calendar year.

If you want to equate dues somehow to points, then it goes this way: If you have a June Use Year for example, and pay all your dues in January 2005, you did not pay for all your 2005 Use Year Points. Instead you paid for part of your 2004 Use Year points and part of your 2005 Use Year points.

When you first purchase, Disney prorates the 1st year's dues based on the remainder of the calendar year at that time. Then in January Disney charges for the next full 12 month calendar year. Again, if you want to equate it to points, think of it this way:

In 2004 you purchase an August Use Year. You pay 5/12th of the dues since they are prorated for Aug-Dec. In January you pay a full year's dues. You can think of it as 7/12ths is for the remainder of your 2004 points (which cover a vacation timeframe of Aug 2004 through July 2005) and 5/12 is for the beginning of your 2005 points. (The 2005 timeframe for an August Use Year is Aug 2005 - July 2006) You will wind up paying the remainder of the dues associated with those 2005 points, in January 2006.

If someone is paying their dues monthly, then when the contract sells all dues are paid in full and no refunds are required. Disney or the new buyer simply begins paying the monthly dues beginning with the next month.

If you pay 100% of your dues in January, you are paying for 12 months, regardless of when your Use Year is. If you sold the contract in July, you are responsible for 7/12ths of the annual dues, and therefore are entitled to a refund of 5/12ths of what you paid. That refund would have to come from the buyer or directly from Disney if they use ROFR. Any points you may have in any Use Year are totally irrelevant in regards to dues payments, but can be used to negotiate the purchase price based on who might get to use the points and therefore who should pay what proportion of dues. In the above example if someone sold an August contract where all 2004 points had been used and all 2005 points were available, and they paid 100% of the dues in January 2005, then the new owner should rightfully reimburse the seller 5/12th of the annual dues they paid. Some people wrongfully seem to think the seller is entitled to a refund of 100% of what they paid in January 2005 since they say that all the 2005 points are still available. What they conveniently forget is that the first year they paid dues, everything was prorated.
 

Caskbill, if Disney then sold the VWL points that I was talking about, would they automatically give the seller a refund of the dues that they (seller) had prepaid for the rest of the calendar year. Or would that have to have been a stipulation of the contract? If it wasn't a stipulation, wouldn't Disney then be collecting taxes on those points twice once they sold the points?

Bobbi :flower:
 
bobbiwoz said:
Caskbill, if Disney then sold the VWL points that I was talking about, would they automatically give the seller a refund of the dues that they (seller) had prepaid for the rest of the calendar year. Or would that have to have been a stipulation of the contract? If it wasn't a stipulation, wouldn't Disney then be collecting taxes on those points twice once they sold the points?

Bobbi :flower:

With ROFR, Disney will have to abide by the terms of the original offer. If the buyer was reimbursing the seller for the dues, Disney would have to do the same thing. If the seller had agreed to pay the maintenance fees, the buyer (Disney) would not have that as a requirement either.

In the example given, Disney will not necessarily resell the exact same contract. They will combine the points with others to sell a larger contract or break up the contract to sell smaller contracts and they will be able to charge their buyer any applicable fees on the purchase- regardless of the terms of the original resale offer.

I prefer to think of it that DVC does NOT sell resales, they will only sell new contracts or add-ons (which are also new contracts). They will then treat the purchaser as they do any other purchaser- including charging for the maintenance fees.
 















New Posts





DIS Facebook DIS youtube DIS Instagram DIS Pinterest

Back
Top