Hmm.. Could BBB help?

[Cinderella624]

Just wondering if it would be worth contacting the Florida's BBB to voice concerns of policy change's to those who are in the middle of purchase? Changes were made to contracts signed with no advance notice and basically leaving purchasers "stuck" going thru a process that now may be devalued. At this point most have passed their 10 day point of rescinding their purchase and stand to lose any or all of the money they placed to start the purchase process. Had anyone known of Disney's plan, at least the purchaser would have fully know what they were receiving and could choose to recind, continue the purchase or purchase direct from DVD. I feel this would have been the CORRECT thing to do. At this point Disney should do the right thing and allow those in mid-process to receive " the extras" and let it be known that any contracts sent on or after 4/4/16 would be processed under the new policy changes.
Just a thought

 

[suebeelin]

If there are enough complaints that are unresolved on the bbb boards, there will be ppl watching and researching. It'll hit disneys reputation IMO, resulting in direct purchasers backing out, and possibly scaring away resale buyera

 

[wilkeliza]

Just wondering did your contract actually call out the perks that were taken away? It won't matter much if that is not written specifically in the contract or if they added the wording about extras being subject to change at discretion of Disney Parks or DVD etc.

 

[erionm]

DVD will provide the BBB with the paper work that says all of these programs are not part of the timeshare offering and can be changed/ended with no notice and the case would be closed.

 

[_auroraborealis_]

Changes were made to contracts signed with no advance notice and basically leaving purchasers "stuck" going thru a process that now may be devalued.

DVD will provide the BBB with the paper work that says all of these programs are not part of the timeshare offering and can be changed/ended with no notice and the case would be closed.

Exactly. The contract says very clearly that supplemental benefits are subject to change at any time. So there was no change made to contract.

 

[Cinderella624]

I see. Oh well...just a thought

 

[southerngirl528]

DVD will provide the BBB with the paper work that says all of these programs are not part of the timeshare offering and can be changed/ended with no notice and the case would be closed.

Exactly what I would have written.

I know emotions are running high right now, all the more reason to have a few sleeps before taking action in most cases. And I entirely get the plight of those that were midstream on purchasing resale for a master contract as entry into DVC. But whether any of us like it or not, DVC/DVC was entirely and wholly within their legal rights. The verbiage about perks not being promised and being transient is EVERYWHERE. I know folks are most upset about the AP discount, but as a longtime member, we haven't had the discount but a few years. DVC has to negotiate for that kind of "perk" with WDW. They are 2 entirely different companies. The only reason DVC has been able to snag some of these perks & discounts is because DVC has proven itself as a strong fiscal provider to the parent WD Company.

 

[gr8tdame]

According to 2015 Florida Statutes regarding timeshare purchases under Section. 721.075 Incidental benefits.

Contrary to what some posters are claiming, Disney has not terminated any incidental benefits and thus the supposed disclosure clause in the resale agreement about Disney's right to do so at any time means nothing. All of the incidental benefits continue to be provided by Disney. The only thing Disney has done is to create a special class of purchasers who will not get them. Under current timeshare law, Disney no longer has an absolute right to terminate at any time incidental benefits for all members. Disney is now required to state the specific minimum length of time, which can be any time that is 3 years or less, that incidental benefits will be provided to members who purchase from it, and during that specified time, it cannot terminate any particular incidental benefits for such members unless it replaces them with benefits of like kind and value, or, alternatively, pays the affected members double the value of the incidental benefit being terminated. Thus, that resale contract disclosure about Disney's right to terminate likely cannot be relied upon by the seller or broker to claim rights to your deposit.

Moreover, the action Disney has taken specifically applies to you and it affects your ability to have access to incidental benefits that Disney is otherwise providing. The issue for your right to rescind is not whether Disney can preclude you from using incidental benefits, which it likely can, but instead whether that information about resale purchasers being precluded, which is now provided in an official document called Membership Extras, which itself is now one of the disclosure documents applicable to the timeshare, is something material to your decision to purchase and complete the resale. More has to be done to look into the issue, but my personal sense is that you have a much stronger case to be able to rescind and get back your deposit than others above have asserted, possibly through a legal doctrine that allows a party to rescind when there has been mutual mistake, i.e., both seller and buyer were acting under the incorrect belief that the buyer would have access to the incidental benefits that Disney was providing and continues to provide.

Perks are not contractual but if it were a material consideration to the negotiations, then as a matter of law, the contract may be rescinded. The legal issue is RELIANCE and whether that reliance was and is material.

I need a lawyer that is licensed in Florida that would be willing to take on Disney and set a precedence.

 

[gr8tdame]

Just wondering if it would be worth contacting the Florida's BBB to voice concerns of policy change's to those who are in the middle of purchase? Changes were made to contracts signed with no advance notice and basically leaving purchasers "stuck" going thru a process that now may be devalued. At this point most have passed their 10 day point of rescinding their purchase and stand to lose any or all of the money they placed to start the purchase process. Had anyone known of Disney's plan, at least the purchaser would have fully know what they were receiving and could choose to recind, continue the purchase or purchase direct from DVD. I feel this would have been the CORRECT thing to do. At this point Disney should do the right thing and allow those in mid-process to receive " the extras" and let it be known that any contracts sent on or after 4/4/16 would be processed under the new policy changes.
Just a thought

I will be lodging a complaint with the BBB. But for it to be effective one first has to contact Disney to attempt to allow Disney a chance to make things right. If Disney does not resolve the situation then you contact BBB to lodge a complaint.

 

[ColinBlair]

Sorry, according to the BBB website, Disney is BBB accredited which means that the BBB has already been paid off by Disney. You may as well lodge a complaint with Comcast for all the good it will do you.

Maybe you can get Chris Elliott interested in this, some bad press for Disney might do more good.

 

[gr8tdame]

Sorry, according to the BBB website, Disney is BBB accredited which means that the BBB has already been paid off by Disney. You may as well lodge a complaint with Comcast for all the good it will do you.

Maybe you can get Chris Elliott interested in this, some bad press for Disney might do more good.

Thank you. I have put in a claim with Chris Elliot.

 

[MakiraMarlena]

Likely not with achieving relief, it does not seem to be illegal (a property lawyer would know more), but the complaint would be on record.

Just because the buyer considers the change "material" does not mean the law will...consulting a lawyer may be the best way to get relief, or even find out if it is possible, but lawyers can be expensive.

 

[wilkeliza]

I wonder if it matters that it isn't DVD that offers the perks but rather Disney extending the perks to those who bough direct through DVD. I remember when I was at Disney Store and we were pushing the Disney Chase Visa Rewards Card we had to call it exactly that because it didn't count toward the "product promotion" if we didn't and that we could not mention specific perks you got as those were not given by Chase but rather extended to Disney as a courtesy to Disney Chase Visa Rewards Card holders. The only thing they were guaranteed were 1 point or 2 points per a dollar for qualifying purchases based on what card they had. So if it isn't DVD offering the incidentals but instead Disney Parks extending them to DVD members it could be similar.

 

[DisDadDVC]

Sorry, according to the BBB website, Disney is BBB accredited which means that the BBB has already been paid off by Disney. You may as well lodge a complaint with Comcast for all the good it will do you.

Maybe you can get Chris Elliott interested in this, some bad press for Disney might do more good.

Complaining to the Bibbidi Bobbidi Boutique would be just as useful.

 

[supersnoop]

I think complaining to the BBB is pointless. Complaining to the Florida Attorney General might make more sense.