I cannot believe it's happening to us too....

[vbird]

We were purchasing a 50 point loaded contract from the company many people are having problems with. Everything seemed to be going well. In fact, I kept reading other's posts, thinking "Whew, I'm glad we haven't had that experience."

Well.....we made it through ROFR 2 weeks ago so I sent an email at the beginning of the week just checking on closing documents and I got a message today on my HOME phone,( when I expressedly asked to be called on my CELL phone with any problems) that there is an issue. It seems that these points belong to an estate and all of a sudden it may have to be probated. WHAT?!!? You didn't know that before??? The family didn't know that before???

Both my mother and my mother in law have passed away and we knew about probate etc. I also know how long it can take!!!!

Needless to say I got the message after hours so I have sent a semi-nasty gram to the timeshare company about all of this.

What are my options? Can we back out at this stage?
Thanks!!!!

 

[paults]

I believe because they caused the problem that you can back out now with no loss.
Hope somebody else can give you more info.

 

[DougEMG]

Something similar happened to us. It wasn't till after we passed ROFR and things were moving real slow that I was told that the closing was being held up in probate. This ended up adding about 3 weeks extra to the process. So while it was annoying and I wished I had of been told ahead of time, it was a good deal so it was worth while.

 

[PurpleTurtle]

Something similar happened to us. It wasn't till after we passed ROFR and things were moving real slow that I was told that the closing was being held up in probate. This ended up adding about 3 weeks extra to the process. So while it was annoying and I wished I had of been told ahead of time, it was a good deal so it was worth while.

I think that 3 weeks would be a walk in the park. When my dad passed away our FL probate took FOREVER! Now, I have no idea if that was my lawyer's fault or not, but I would have been thrilled with 3 weeks. OP, I'd say run in the other direction. This could be a LONG wait for you.

 

[JimMIA]

These people are doing nothing but taking orders. They are publishing listings with no clue what the contracts actually contain, and leaving it up to the purchaser and the title company to straighten out.

I'm undecided whether their conduct is unethical, just incompetent, or both. I suspect both.

But some of you folks need to be reporting them to the Florida Department of Business and Professional Regulation, Timeshare Division.

 

[disneynutz]

I believe that Disney still has a business relationship with them to sell Disney's small contracts. Shouldn't we be reporting some of these issues to Disney?

Bill

 

[CruznLexi]

I was considering doing a 50 point contract from off property and decided I would forfeit 15 points and go with what I know so in 30 min time we did an add on at HH.

 

[Dean]

We were purchasing a 50 point loaded contract from the company many people are having problems with. Everything seemed to be going well. In fact, I kept reading other's posts, thinking "Whew, I'm glad we haven't had that experience."

Well.....we made it through ROFR 2 weeks ago so I sent an email at the beginning of the week just checking on closing documents and I got a message today on my HOME phone,( when I expressedly asked to be called on my CELL phone with any problems) that there is an issue. It seems that these points belong to an estate and all of a sudden it may have to be probated. WHAT?!!? You didn't know that before??? The family didn't know that before???

Both my mother and my mother in law have passed away and we knew about probate etc. I also know how long it can take!!!!

Needless to say I got the message after hours so I have sent a semi-nasty gram to the timeshare company about all of this.

What are my options? Can we back out at this stage?
Thanks!!!!

Your choices are to cancel, likely for no penalty depending on contract or to wait it out. Otherwise you'll lose your option of a resale with retail benefits.

 

[rock_doctor]

See if they have another contract that is close or acceptable. I would not wait it out. (your choice) It is a shame the owners did not care enough to let the agent know what was going on but this is likely why they had the contract. Remember most are convinced that most of the contracts they have are distressed sales i.e. pre-foreclose, pre-probate (if there is such a thing), divorce and so on and that is why they are several dollars per points cheaper then the rest and are generally loaded contracts. You have to tolerate a lot during the purchase but you get more in return once everything is done. Like i said, i would jump ship and move onto another contract. There is a owner here that fell into the same situation. While in probate nobody was paying on the note and maintenance fees so once it cleared probate Disney just foreclosed on it leaving the waiting buyer high and dry.

 

[Dean]

See if they have another contract that is close or acceptable. I would not wait it out. (your choice) It is a shame the owners did not care enough to let the agent know what was going on but this is likely why they had the contract. Remember most are convinced that most of the contracts they have are distressed sales i.e. pre-foreclose, pre-probate (if there is such a thing), divorce and so on and that is why they are several dollars per points cheaper then the rest and are generally loaded contracts. You have to tolerate a lot during the purchase but you get more in return once everything is done. Like i said, i would jump ship and move onto another contract. There is a owner here that fell into the same situation. While in probate nobody was paying on the note and maintenance fees so once it cleared probate Disney just foreclosed on it leaving the waiting buyer high and dry.

If they have a pre 3/21 contract, they will lose the retail status. Personally I'd rather have cheaper than the retail options but I know it's important for many.

 

[vbird]

It's not a pre-3/21 contract.
I've talked to the timeshare company and the representative says that the lawyers told them it was already probated. It was when the title company was getting everything ready for us, they found it had not been. (The title company says this is true too) The rep says they are furious because they have 4 contracts from this estate.
I don't know if this is true or not. We are trying to decide what to do.
Those of you who live in Fla. How long does probate take? The title company has the paperwork that the estate has filed in probate court on Tuesday.
Vbird.

 

[Dean]

It's not a pre-3/21 contract.
I've talked to the timeshare company and the representative says that the lawyers told them it was already probated. It was when the title company was getting everything ready for us, they found it had not been. (The title company says this is true too) The rep says they are furious because they have 4 contracts from this estate.
I don't know if this is true or not. We are trying to decide what to do.
Those of you who live in Fla. How long does probate take? The title company has the paperwork that the estate has filed in probate court on Tuesday.
Vbird.

I'd wait it out if it works for you otherwise. You can always pull the plug later. You could go ahead and look for another contract and if you find one that is as good or better, make an offer and if accepted, cancel this one.

 

[vbird]

Here's the history:
Bid 3/25
Contract sent and signed 3/28
Sent out to ROFR 4/5
Passed ROFR 4/22
Found out it was not probated 5/12
Passed probate 6/7
Got closing contracts TODAY

All this for a 50 point SS contract. Thank goodness we got a great price but WHEW and we are not quite done yet....

I will say the communication with Sharon at Fidelity has been GREAT esp since the probate problem. We talked every monday and she kept me updated on everything.

Here's to hoping it's smooth sailing until we get the DVC points in our accout!!! ***fingers crossed***

 

[lugnut33]

Ooops, guess not so much now.

 

[disneychic]

Wow, I'm glad I'm reading all of this info. It really makes me think twice about resale. We've done 3 add ons directly through DVC (over the course of our 10 year membership). I know this is more expensive but it does spare us the headaches and stress. We're looking to add on another 75-100 in the next year or so but we'll probably just go through our guide.

 

[Jilian]

I'm glad it seems to be working out. I've been hearing about so many problems with that company, their deals are so good but it seems like they don't do much homework on the properties they sell.

 

[wendy774]

I'm glad it all worked out and didn't take too long. I don't know if I could have waited-I have very little patience for something like that! Congrats on your new purchase!

 

[JimMIA]

Wow, I'm glad I'm reading all of this info. It really makes me think twice about resale. We've done 3 add ons directly through DVC (over the course of our 10 year membership). I know this is more expensive but it does spare us the headaches and stress. We're looking to add on another 75-100 in the next year or so but we'll probably just go through our guide.

There are at least 4 resale brokers who specialize in DVC. This type of issue occurs with only one of those.

This is not a resale problem, it's a broker problem.