Gifting from a friend

[dcates]

We are relatively new to all things DVC. We have a close friend who is wanting to get rid of their contract and is willing to gift it to us. Can we submit the contract to go through ROFR without a broker?

 

[Sandisw]

You don’t need a broker but hiring a title company to do everything might be wise.

 

[dcates]

You don’t need a broker but hiring a title company to do everything might be wise.

Yes we are definitely using a title company.

 

[dcates]

Our friend just got off the phone with DVC and they explained to her that since she is gifting it would just be a title transfer and not have to go through ROFR... does this sound accurate?

 

[cruisehopeful]

The seller just got off the phone with DVC and they explained to her both resale and told her that since she already has a buyer it could just be a title transfer and not have to go through ROFR... does this sound accurate? Would it be treated as a gift to family, etc.?

If you are buying it, it won't be considered a gift. Are you paying for the contract? DVC has resale value.

 

[dcates]

No they are gifting it to us.

 

[Add-On-Itis]

No they are gifting it to us...I originally said "sell" as terminology usage.

what nice friends you got! If they are gifting it to you. Then no ROFR

 

[D-Trick]

Plot twist: it's VB.

Jk lol. Welcome home!

 

[JamJam2021]

Plot twist: it's VB.

Jk lol. Welcome home!

Even if it's VB, it'll still be cheaper $/point than most renting.
A good friend either way.

 

[sndral]

Our friend just got off the phone with DVC and they explained to her that since she is gifting it would just be a title transfer and not have to go through ROFR... does this sound accurate?

Yes, if it’s a gift no need for ROFR. Now I’m curious - what resort is it? Most DVC contracts, unlike other timeshares, can be sold for decent money, so, depending on which resort, that’s quite a generous gift.

 

[Genie+]

If originally purchased prior to April 2016 then gratuitous transfer would retain unrestricted points and blue card status

 

[disneylandtour]

If originally purchased prior to April 2016 then gratuitous transfer would retain unrestricted points and blue card status

Is that true? I thought that was only for transfer within family members?

 

[Genie+]

Is that true? I thought that was only for transfer within family members?

I believe anyone (adult) can be the recipient of a gratuitous transfer and a gratuitous transfer retains all the original terms.

After searching quite extensively I could not find anything that directly refutes?

 

[Sandisw]

I believe anyone (adult) can be the recipient of a gratuitous transfer and a gratuitous transfer retains all the original terms.

After searching quite extensively I could not find anything that directly refutes?

I have not seen posts that are clear on this because most of the reports over the years have been family.

Nothing requires them to transfer the benefits but we know they have confirmed they do for family.

Hopefully the OPs will keep the thread updated!

 

[Genie+]

Nothing requires them to transfer the benefits but we know they have confirmed they do for family.

True. Looking from the other end though, isn’t it within the rofr process that gives them the ability to change the original terms?

 

[Sandisw]

True. Looking from the other end though, isn’t it within the rofr process that gives them the ability to change the original terms?

I think the restrictions and how those were implemented give them the ability to not transfer during the change of ownership.

Yes, it’s not technically resale, but it’s a new ownership so it think that gives them the right to deny benefits and where points can be used.

Again, the number of transfers like this between people who are not related is probably very small which is why we may not have reports of what happens.

 

[Wedgeout]

Don’t think we hear much about the ‘DVC Buddy Pass”. Friends are awesome but usually aren’t this awesome!