DVC Purchase - Pending Reservation not Disclosed

[lovethesun12]

What I find the strangest about this is that the company has put themselves in this situation enough to have it noted on the BBB website, and they *still* do not have a closing date listed on the contract. It kind of makes you wonder if they're putting themselves in this situation somehow? It's just so odd. Maybe I'm missing something.

 

[SmallWorldGal]

I'm hoping for a callback and a resolution today. I feel like the entire contract is invalid due to the lack of disclosure of the true points amount. I entered into the agreement being told that there were no points until use year 2022. Clearly, that wasn't the case. Even if they did not want to include the points on the contract in the sale, they should have been disclosed from the beginning. How was this not caught when the information was sent through to Disney?? It seems like somewhere in the process the broker or title company should have been able to see the points showing and should have flagged that it completely contradicted the terms of the contract.

I very much appreciate everyone's inputs and thoughts on this. It's been a huge help. ❤

 

[lovethesun12]

I'm hoping for a callback and a resolution today. I feel like the entire contract is invalid due to the lack of disclosure of the true points amount. I entered into the agreement being told that there were no points until use year 2022. Clearly, that wasn't the case. Even if they did not want to include the points on the contract in the sale, they should have been disclosed from the beginning. How was this not caught when the information was sent through to Disney?? It seems like somewhere in the process the broker or title company should have been able to see the points showing and should have flagged that it completely contradicted the terms of the contract.

I very much appreciate everyone's inputs and thoughts on this. It's been a huge help. ❤

I hope you get some answers. This is in line with my previous thought - why are they not giving a contract end date and disclosing points when they have already been in discussions with the BBB? Seems shady...

 

[suemom2kay]

The whole thing is sketchy and I would run away and use a reputable broker. What's to say the seller doesn't change their mind between now and August? You are the one with lots of cash tied up in this. The seller has nothing tied up in it.

 

[ScubaCat]

I'd actually be thrilled if this happened given the circumstances. I realize it'll reset and drag out the process, and the extended wait is a bummer, but the deals just keep getting better and better. That seller will pay a big price for delaying the closing (assuming they were actually planning on going through with it, which is questionable.)

 

[DisEye]

I'm curious; did you find out anything today?

 

[SmallWorldGal]

More than anything, I wanted to believe there would be some sort of closure on this today, but unfortunately that’s not the case.

Whomever it was in this thread who said not to trust the new contact I had at the broker firm was right on the money because she straight up lied to me in an effort to cover up the fact that the whole agreement was made off of bad information provided by their office. They are still saying that the terms of the contract have not yet been broken if the seller cancels their August reservation. Everyone from the broker company seems to think they can tweak the contract wording in their favor and ignore what is stated in black and white. They claim that the seller is within their rights to use their points that’s weren’t included in the contract sale, but there werent supposed to be any. so I forwarded them the email from their firm where I was given the point breakdown stating 0 points on the contract until my points usage were available. Then I was told was the case because there truly weren’t points because the reservation was made, so I forwarded them the email from their firm that said there was no reservation made at the time of contract.

Worst of all, when I brought up the failure to receive seller documents by 3/31 date, the lady claimed that the contract had already closed and just hadn’t transferred because of reservation which I said was funny considering the seller’s had yet to have documents notarized much less returned. I then called the title company to confirm that that was still the case which it was. They actually said they were getting documents notarized today (3rd time I’ve heard that in the past 2 weeks.)

So while on the call with the title company, I informed them of all of the misinformation from the broker. By the end of that call, I had the VP from broker company and the VP from title company contacting me. The VP from the broker company graciously through email offered to reimburse a $349 admin fee for my trouble (are you kidding me?) So at that point I told the title company I’d much rather deal with them directly going forward. I spoke to the VP from their office and told her my issues. I also forwarded her the “already closed” email claim from broker so she knew what I was dealing with. She too says that if I cancel without allowing seller to cancel reservation then it would be buyer default. She also said that Disney does usually notify them of reservations but it seems that wasn’t the case and apparently it had been missed. They still want to claim covid for delay of documents being notarized and returned but my point is you can’t really blame the 3 different occasions where they have claimed to have an appt that day on that. So she is supposed to call me by end of day Monday With something definitive. All of my dealings with the title company up to this point have been positive so hopefully she will stay true to her word and have an answer on Monday. We shall see.

 

[DisEye]

Wow! You have had quite the time! I would be thinking about contacting a lawyer if I were you. At least threaten them with it. I’m definitely not a legal expert, but from what you’ve said it serms like they are in breach of contract and you should be able to get out of it. At this point I would want to get out and find a different contract with a different seller and broker!

 

[lovethesun12]

Our town I can promise was (we just lifted restrictions with 0 cases) in the absolute strictest lockdown and I still could have gotten a notary.

One thing on your side to help is that a lot of law offices are offering free (or very cheap) advice and/or consultation through email and/or phone with covid matters. I would definitely find a lawyer in the area the contract is designed for reach out.

I would look into contacting a lawyer for sure. I contacted one for a rental. I felt bad they wouldn't take anything so I donated to a food bank instead, lol.

 

[EM Lawrence]

A strongly worded letter from a lawyer seems to be in order here. (Do you happen to know any?) Barring that, a strongly worded letter from you with a cc: to the real estate licensing board is probably almost just as good. I’m really angry on your behalf!

 

[soniam]

Oh man! This is just awful. I do appreciate your posting. We are about to buy, and I can see easily overlooking a closing date on the contract, especially if you haven't bought DVC before and have had great home buying experiences. I hope this all turns out well for you. If I were the sellers, I would back out and allow your money to be refunded. However, I am not in this to mess with anyone. I think both parties should come out of a deal feeling OK in any selling, whether it's a house, car, or time share. I am keeping my fingers crossed for you.

 

[New Mouse]

yeah if I were in your shoes I would not be dealing with any the parties involved. Broker, title agency and seller all serm like pieces of work.

 

[cm8]

Good Luck tomorrow! I hope you get a positive outcome!

 

[Toonses]

Wow - thank you very much for posting this - reading through has been very educational and very helpful for things to look out for.

I agree w what some of the previous posters have said - you need an attorney at this point. Once you have that attorney ALL communication then needs to pass through that person. There’s too much fishy business happening here, and your experiences to date have shown that NONE of these ppl are to be trusted.

So sorry you’re having to deal w all of this - I hope this works out.

 

[LAX]

Wow - thank you very much for posting this - reading through has been very educational and very helpful for things to look out for.

I agree w what some of the previous posters have said - you need an attorney at this point. Once you have that attorney ALL communication then needs to pass through that person. There’s too much fishy business happening here, and your experiences to date have shown that NONE of these ppl are to be trusted.

So sorry you’re having to deal w all of this - I hope this works out.

Not sure how much money would be at risk if OP is deemed to be at default, but attorney costs may end up being similar or higher. Perhaps OP can try to leverage regulatory agencies to get the agents to resolve this.

LAX

 

[ziravan]

“This is your last chance to make things right, void this contract that wasn’t broken by me, and refund my money. If I don’t receive satisfaction today, not only will I hire an attorney, you have my solemn word that I will make it my mission in life that you will not only refund my money, but you’ll pay my legal fees as well. The absolute cheapest, by far, that you can settle this is for you to recognize that this is a seller default and refund me my money. Today. Not Tomorrow. Tomorrow, I’ll have an attorney contact you.”

 

[Toonses]

Not sure how much money would be at risk if OP is deemed to be at default, but attorney costs may end up being similar or higher. Perhaps OP can try to leverage regulatory agencies to get the agents to resolve this.

LAX

perhaps - depends on the attorney. This should be pretty straightforward for any contract law attorney, though. If it goes to court, then yes, it can get very pricey, but I think you can seek to recoup attorney fees in that scenario? Most businesses don’t want to do that anyway, since it’s just as, if not more expensive for them, so they’ll usually settle. I’m not an attorney, so I freely admit I could be wrong, but I do have family members that are/were.

 

[Toonses]

“This is your last chance to make things right, void this contract that wasn’t broken by me, and refund my money. If I don’t receive satisfaction today, not only will I hire an attorney, you have my solemn word that I will make it my mission in life that you will not only refund my money, but you’ll pay my legal fees as well. The absolute cheapest, by far, that you can settle this is for you to recognize that this is a seller default and refund me my money. Today. Not Tomorrow. Tomorrow, I’ll have an attorney contact you.”

I’d be careful not to specify time frames or get too specific with repercussions. Frequently the uncertainty of not knowing exactly what you’re going to do is more effective. People fear the unknown - it’s sort of a hard wired thing - but if they can plan, they’re not nearly as freaked out. The other reason for not getting too specific is that you don’t want to lock yourself into a box because you restrict your options at that point. I’d prob say something more along the lines of:

‘If this matter is not promptly and properly resolved, I will be forced to escalate and pursue legal council.’

 

[starry_solo]

If you send a strongly worded letter, I suggest you note the seller's and agent's failures
- to disclose the pending reservation
- to return the documents a timely manner
- to disclose the true number of points in the contract

Things that show that the seller is the one that breached the contract.

 

[heynowirv]

If you send a strongly worded letter, I suggest you note the seller's and agent's failures
- to disclose the pending reservation
- to return the documents a timely manner
- to disclose the true number of points in the contract

Things that show that the seller is the one that breached the contract.

Facts, facts and more facts. The more that you can provide and remind them that it's all in emails the more cornered they will feel.