I can not believe this!!

[kimberh]

I would void the contract also. When we bought resale, I had Disney run a point verification...after ROFR to make sure this exact thing didn't happen. There are more contracts out there. All was fine with mine, you are very lucky to know before closing.

 

[PottersMom]

I love the disboards!

OK our options were- because what happened constitutes a breach of contract- we can get all of our money back plus deposit without penalty. We could also re-write the contract for less $$ per point and submit to ROFR again, but as someone else pointed out, it would unlikely pass. We could also request the seller pay us in some way for the points we cant use: the broker suggested maybe have them cover the maint. fees (which isn't worth 40 points IMO) or cover the price of renting 40 points- or my idea was pay me the DVC rate for the equivalent of the reservations we were planning on making with those 40 points.

As of this morning we were opting to scrap the whole deal, get all of our $$ back- go to WDW in Sept anyway on the free dinning promo, and look for another contract next year.

Then my agent called. The DisVeterans here were right- it was an honest mistake: The sellers made a ressie with points from another contract and Disney pulled his banked points from both contracts, instead of using points from his primary contract. The seller asked to transfer points back into the contract I am buying, but Disney wont transfer points between contracts held by the same member #- only between different member #'s. So now, the seller can only transfer the points back into the contract after we close.
This is a little tricky, because technically after we close, he has no obligation to us. So it will be interesting to see where it goes from here. Of course we will get everything in writing.
How long does it take for a point transfer to go throgh? I was thinking I would have a set date by which they had to have the transfer complete so I can still make my ressies for my vacation in Sept. (its getting close!)
Thanks you guys are the best!

 

[castleri]

It would take some level of trust here which may be hard for you to do at this point but how about having him make the reservation for you for September instead of worrying about the point transfer? I know they still control the points so it could be cancelled but it might be one way to solve the issue.

 

[Sorcerer's Dad]

You asked how long it takes for a transfer to go through.

I requested one this past Monday, the 23rd, and it was in the other member's account within 24 hours. Some may go quicker, but this one involved different use years and different resorts and member services said it had to be done manually.

 

[Delaware Mike]

There is one option to possibly consider...

If, and I do mean "if" Disney is to source of all this contract confusion, why don't they offer to make things right? I'm not saying they'd step up to making things right, but hey, you or your agent can always ask, right?

If you don't ask, the answer is always "no". But if you ask, the answer might turn out to be "yes".

If it was a glitch, why doesn't Disney replace the points expected in the contract yet now missing, before the contract closes. If this is a glitch, the seller is not a fault, the buyer is not at fault, the agency isn't at fault....but the buyer is left with a choice of either going forward with an purchase that isn't what they intended to buy, or, get their money back. (I"ll still hold onto my thinking that any agreement outside of the contract isn't holding to the spirit of the contract.)

But...

...if Disney were to make things right, because of a glitch, everyone would be happy. If this thing passed ROFR, the seller gets their money, the buyer gets their points, Disney gets their annual MF, the agency gets their cut, everyone wins. Disney would be the biggest winner since they'd do something to rectify a problem they made, along with the goodwill they'd provide. A happy customer comes back for more later....

...just thinking out loud.

(Nomex suit is on...)

 

[disneynutz]

There is one option to possibly consider...

If, and I do mean "if" Disney is to source of all this contract confusion, why don't they offer to make things right? I'm not saying they'd step up to making things right, but hey, you or your agent can always ask, right?

If you don't ask, the answer is always "no". But if you ask, the answer might turn out to be "yes".

If it was a glitch, why doesn't Disney replace the points expected in the contract yet now missing, before the contract closes. If this is a glitch, the seller is not a fault, the buyer is not at fault, the agency isn't at fault....but the buyer is left with a choice of either going forward with an purchase that isn't what they intended to buy, or, get their money back. (I"ll still hold onto my thinking that any agreement outside of the contract isn't holding to the spirit of the contract.)

But...

...if Disney were to make things right, because of a glitch, everyone would be happy. If this thing passed ROFR, the seller gets their money, the buyer gets their points, Disney gets their annual MF, the agency gets their cut, everyone wins. Disney would be the biggest winner since they'd do something to rectify a problem they made, along with the goodwill they'd provide. A happy customer comes back for more later....

...just thinking out loud.

(Nomex suit is on...)

I agree with the above post. If MS made the mistake, they will fix it. The problem is getting to the right person at MS. Our points have been screwed up since we joined. They got worse after we bought AKV. Insist on talking to a Manager. If that doesn't work, work your way up the line until you get the problem resolved. Good Luck.

 

[PottersMom]

The problem is- I cant talk to anyone at Disney b/c I am not a member. From what i understand, the seller did go through all of that already with Disney, and is furious because they wont budge.
If they cancelled their reservation would that put the points back the way they were before this mess? I have to screw up someone else's vacation though.

 

[dianeschlicht]

The problem is- I cant talk to anyone at Disney b/c I am not a member. From what i understand, the seller did go through all of that already with Disney, and is furious because they wont budge.
If they cancelled their reservation would that put the points back the way they were before this mess? I have to screw up someone else's vacation though.

Actually, as soon as you close, the reservation made by them with those points will be cancelled anyway, unless it has already occured, or will before closing.

 

[Dean]

Actually, as soon as you close, the reservation made by them with those points will be cancelled anyway, unless it has already occured, or will before closing.

This is an important point. The broker and/or closing company needs to talk with DVC directly to get this straightened out. I also agree that if it were DVC's fault they can adn will fix it without losing the reservation.

 

[DBBN]

The seller asked to transfer points back into the contract I am buying, but Disney wont transfer points between contracts held by the same member #- only between different member #'s. So now, the seller can only transfer the points back into the contract after we close.
This is a little tricky, because technically after we close, he has no obligation to us. So it will be interesting to see where it goes from here. Of course we will get everything in writing.
How long does it take for a point transfer to go throgh? I was thinking I would have a set date by which they had to have the transfer complete so I can still make my ressies for my vacation in Sept. (its getting close!)
Thanks you guys are the best!

As noted a transfer before closing won't work in this case. Ask the seller to call MS back and ask for a point reallocation. MS has done this in the past. In this instance a point reallocation helps both you and the seller. You get what you want and the seller gets to sell their contract AND possibly more important they get to keep their existing reservation. Good luck.

 

[PottersMom]

Now they have put an addendum to the contract stating that the buyer is to transfer "40 points" to us after closing. The title company will hold the funds until they can confirm that the transfer has occured. If the seller hasn't completed the transfer withing 2 weeks of the transfer of ownership (meaning I am entered into the DVC system) then the seller must reimburse me $10 per point.
Sounds all well and good, but I specifically requested that the points transfered be "current use year points".
Am I correct in thinking that transfered points keep their "characteristics" - for example- if someone transfers banked points to me, the same restrictions that applied to them in the first contract will apply to me after they are transfered. Is that right?
I don't want them to transfer me banked points that expire too quickly, or points they put in holdong or something and now I cant use them the way Iwant.
Am I being too picky or is this an important detail?
I called the agent handling it and told her I wanted her to change the language(again) but she is out of the office today. I will just fax over the contract as is if this is a mute point.
Can anyone explain about point transfers? Am I headed into dangerous territory?

 

[johde]

According to Disney rules only current points are allowed to be transfered. Disney will not let them transfer Banked points or Holding points. The points should retain the home resort and use year from the contract being transfered. So for example if they transfer September OKW points they should stay September OKW point.

 

[LisaS]

Banked points cannot be transferred, but transferred points can be banked. I think the seller could transfer "holding" points and those points would retain the "holding" status when placed in your account. So you are right to be concerned that the wording should specify that you get points that do not have any restrictions on them.

 

[dis-happy]

I would also be concerned about the UY of those points and how they line up with your contract's UY. Since points retain their original UY you could very well end up with "current points" out of their contract expiring before you would use them. Do you know which dates you'll want to use points for? If so, be specific.