Must I use the same guide to add-on? Was my guide deceitful?

[architectonic]

Magical Beginnings needs to be completed 4 days prior to the end of a UY. You can buy 150 direct VGF points with an August UY on 7/27/23 and get the full developer credits while also selling your 2022 UY points back. You would also have 150 2023 UY points ready to book trips on or after 8/1/23.

DVC will bank points past a banking deadline for new direct purchases if you want to keep the current UY points and not sell back with Magical Beginning. Your guide should confirm this, but MS does it no problem. I've personally done it two times.

Thank you. I needed to hear exactly this to reaffirm my suspicions.

 

[architectonic]

what’s a couple of weeks ago, have you signed all necessary documents? are you within the rescission period?

Does the rescind period begin when I signed the purchase agreement (6/21/23)? Or does it begin after Disney agent has signed (6/27/23)? I am under impression that it would be the latter, which I would think that I have till Monday to rescind.

Additionally there was an affidavit that I had to signed on 6/30/23. I real estate interest was not deeded until 7/3/23.

 

[starry_solo]

Does the rescind period begin when I signed the purchase agreement (6/21/23)? Or does it begin after Disney agent has signed (6/27/23)? I am under impression that it would be the latter, which I would think that I have till Monday to rescind.

Additionally there was an affidavit that I had to signed on 6/30/23. I real estate interest was not deeded until 7/3/23.

I'm not sure, but I would expect it to be for all documents that are required to make a contract effective.

I suggest you send an email right now and not wait any further.
Look at all the documents and see what email address you have to send it to. If you have to send it via certified mail, do ASAP but by tomorrow at the latest.

Let them know you are exercising your right to rescind the contract within the 10 days as required by law.

Then re-do the contract with the correct UY.

https://www.nolo.com/legal-encyclopedia/florida-timeshare-foreclosure-right-cancel-laws.html

Right to Cancel a Timeshare in Florida​

If you buy a Florida timeshare, you can cancel the timeshare contract up until midnight of the 10th calendar day following the date you signed the contract or the day on which you received the last of all required documents, whichever occurs later. Under Florida law, this right of cancellation can't be waived. (Fla. Stat. Ann. § 721.10(1)).

 

[PolyRob]

Just adding the contact information if it's needed...

"If you decide to cancel this contract, you must notify the developer in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to Disney Vacation Development, Inc., Attention: Quality Assurance at 1936 Broadway, Suite2200, Lake Buena Vista, Florida 32830. Your notice of cancellation may also be sent via fax to 407-938-6586 or by e-mail at WDWDVCCancelRequests@Disney.com."

 

[CarolynFH]

Does the rescind period begin when I signed the purchase agreement (6/21/23)? Or does it begin after Disney agent has signed (6/27/23)? I am under impression that it would be the latter, which I would think that I have till Monday to rescind.

Additionally there was an affidavit that I had to signed on 6/30/23. I real estate interest was not deeded until 7/3/23.

I’d also recommend copying dvcmembersatisfactionteam@disneyvacationclub.com on all email correspondence and/or sending them an email explaining your situation.

 

[Epcot Forever Forever]

the guide said that she would have to ask her manager, but it wasn't an issue really at all and that is what we were given

As far as I’ve heard, manager approval is always required to sell an existing owner a UY you don’t own already. So nothing unusual there. I think it’s probably more about making sure the guides don’t make a mistake.

 

[Curiousporpoise]

I’m glad you checked in here, the people who post here have a lot of DVC knowledge and experience. I cannot believe your guide sold you a February UY when you travel in November and December. All February UY points need to be banked by September 30. If you ever had to cancel your November/December trips, you wouldn’t be able to bank your points, and you would have a hard time booking a new trip and traveling by January 31. I hope you can cancel your contract and start again with a new guide!

 

[architectonic]

I'm not sure, but I would expect it to be for all documents that are required to make a contract effective.

I suggest you send an email right now and not wait any further.
Look at all the documents and see what email address you have to send it to. If you have to send it via certified mail, do ASAP but by tomorrow at the latest.

Let them know you are exercising your right to rescind the contract within the 10 days as required by law.

Then re-do the contract with the correct UY.

https://www.nolo.com/legal-encyclopedia/florida-timeshare-foreclosure-right-cancel-laws.html

Right to Cancel a Timeshare in Florida​

If you buy a Florida timeshare, you can cancel the timeshare contract up until midnight of the 10th calendar day following the date you signed the contract or the day on which you received the last of all required documents, whichever occurs later. Under Florida law, this right of cancellation can't be waived. (Fla. Stat. Ann. § 721.10(1)).

Thank you for the value insight and guidance. I've submitted a notice/letter to exercise my right to rescind. Whether I am actually within the rescission period or not, I'm still not that certain. I have reason to believe that I am.

 

[architectonic]

Just adding the contact information if it's needed...

"If you decide to cancel this contract, you must notify the developer in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to Disney Vacation Development, Inc., Attention: Quality Assurance at 1936 Broadway, Suite2200, Lake Buena Vista, Florida 32830. Your notice of cancellation may also be sent via fax to 407-938-6586 or by e-mail at WDWDVCCancelRequests@Disney.com."

Thank you for the email address. I've sent them a notice of rescission via email, fax and mail. I've already received an acknowledgement receipt for the email and fax. I have my fingers crossed that things turn out for the better.

 

[architectonic]

I’d also recommend copying dvcmembersatisfactionteam@disneyvacationclub.com on all email correspondence and/or sending them an email explaining your situation.

Thank you. Along with the official email box for cancellations, I did heed our advice and copied DVC member satisfaction as well. I certainly feel deceived by my guide and feel that retraining should be considered.

 

[architectonic]

I’m glad you checked in here, the people who post here have a lot of DVC knowledge and experience. I cannot believe your guide sold you a February UY when you travel in November and December. All February UY points need to be banked by September 30. If you ever had to cancel your November/December trips, you wouldn’t be able to bank your points, and you would have a hard time booking a new trip and traveling by January 31. I hope you can cancel your contract and start again with a new guide!

I am certainly glad as well. Whether it turns out okay or not, its good to know that there are many members who are willing to share their knowledge base. Everyone is much appreciated.

 

[Cfabar1]

I’m genuinely curious to find out if you are in the recision period or not. Please keep us posted.

What you will find with guides is that, like any profession, the quality is varying. Some people just love their guides, and feel their guide goes above and beyond. I personally feel like my guide is competent and will get the job done, but that I have to make sure I know about all the promotions and ask for them to be applied. I felt like they were a salesman, and very pleasant, but trying to keep the purchase as beneficial for them and the company as possible.

 

[intamin]

I’m genuinely curious to find out if you are in the recision period or not. Please keep us posted.

What you will find with guides is that, like any profession, the quality is varying. Some people just love their guides, and feel their guide goes above and beyond. I personally feel like my guide is competent and will get the job done, but that I have to make sure I know about all the promotions and ask for them to be applied. I felt like they were a salesman, and very pleasant, but trying to keep the purchase as beneficial for them and the company as possible.

Likewise. I have to literally reference the promotions or else she fails to bring it up. If I had had another guide I probably would've known about being able to pay for our first contract over 90 days which would've helped us. This is why I don't recommend mine to other people. You have to be someone who is very aware of current DVC info to take advantage.

 

[Sandisw]

Likewise. I have to literally reference the promotions or else she fails to bring it up. If I had had another guide I probably would've known about being able to pay for our first contract over 90 days which would've helped us. This is why I don't recommend mine to other people. You have to be someone who is very aware of current DVC info to take advantage.

I wouldn’t hold suggesting the spread over 90 days against a guide as it’s not common practice and my guide only did it this last time because I brought it up.

I would still recommend my guide to others because when I first bought, I thought the info he provided was good and accurate.

 

[architectonic]

I’m genuinely curious to find out if you are in the recision period or not. Please keep us posted.

What you will find with guides is that, like any profession, the quality is varying. Some people just love their guides, and feel their guide goes above and beyond. I personally feel like my guide is competent and will get the job done, but that I have to make sure I know about all the promotions and ask for them to be applied. I felt like they were a salesman, and very pleasant, but trying to keep the purchase as beneficial for them and the company as possible.

I've submitted a Notice to Rescind. Whether I am actually within that rescission period or not, I am uncertain.

I signed 6/21/23, which would put me well beyond the period of rescission. However, the Disney agent did not signed until 6/27/23. If the rescission begins the day after agent had signed on 6/27/23, then I believe I am within my right to cancel. In typical real estate transactions, it is my understanding that the purchase agreement is not legally binding until both parties have signed. My hope is that the rescission period begins not when I signed but rather after the Disney agent had signed. This aspect of the timeframe is ambiguous to me. The contract does state the following: "You may cancel this contract without any penalty or obligation within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be provided to you... whichever is later." I am uncertain if the required documents to be received must be signed by all parties in the transaction. Additionally, there was an affidavit that I had to complete on 6/30/23 that declared I was not part of the communist party or something along those lines. I'm not entirely sure if this would fall under the "documents required" to be received. There's just a lot of ambiguity.

I think the biggest hurdle is the fact that the purchase has closed and real estate interest has been deeded. Had it not closed, I think things would be more heavily in my favor to force the changes I desire. At any rate, I am making every effort to kick this door down!

My issue with my guide is that I genuinely believe he had access to the accurate information and knew what would be in my family's interests. I do not believe that he was negligent or misinformed. I can deal with mistakes; we all make them. If this was a first year guide and was just an honest mistake by a newbie, I can perhaps forgive and forget. However, my guide was not new. I found his contact on another group forum; and his name has been tossed around as being reliable. By all accounts, he seemed very competent and knowledgeable. I think I let my guard down and trusted the reputation as opposed to doing my personal due diligence. Coupled with the fact that I was on business, the decision was just made too quickly. Lesson to be learned: Next time come on these boards and check here first.

 

[Miffy]

I've submitted a Notice to Rescind. Whether I am actually within that rescission period or not, I am uncertain.

I signed 6/21/23, which would put me well beyond the period of rescission. However, the Disney agent did not signed until 6/27/23. If the rescission begins the day after agent had signed on 6/27/23, then I believe I am within my right to cancel. In typical real estate transactions, it is my understanding that the purchase agreement is not legally binding until both parties have signed. My hope is that the rescission period begins not when I signed but rather after the Disney agent had signed. This aspect of the timeframe is ambiguous to me. The contract does state the following: "You may cancel this contract without any penalty or obligation within 10 calendar days after the date you sign this contract or the date on which you receive the last of all documents required to be provided to you... whichever is later." I am uncertain if the required documents to be received must be signed by all parties in the transaction. Additionally, there was an affidavit that I had to complete on 6/30/23 that declared I was not part of the communist party or something along those lines. I'm not entirely sure if this would fall under the "documents required" to be received. There's just a lot of ambiguity.

I think the biggest hurdle is the fact that the purchase has closed and real estate interest has been deeded. Had it not closed, I think things would be more heavily in my favor to force the changes I desire. At any rate, I am making every effort to kick this door down!

My issue with my guide is that I genuinely believe he had access to the accurate information and knew what would be in my family's interests. I do not believe that he was negligent or misinformed. I can deal with mistakes; we all make them. If this was a first year guide and was just an honest mistake by a newbie, I can perhaps forgive and forget. However, my guide was not new. I found his contact on another group forum; and his name has been tossed around as being reliable. By all accounts, he seemed very competent and knowledgeable. I think I let my guard down and trusted the reputation as opposed to doing my personal due diligence. Coupled with the fact that I was on business, the decision was just made too quickly. Lesson to be learned: Next time come on these boards and check here first.

I don't even own DVC but I'm rooting for you.

 

[architectonic]

I live minutes from Disneyland. Yesterday afternoon, I walked into the DVC sales center to inquire about modifying the contract/deed or rescinding it all together to start anew. At any rate, the guide there was not able to help with the modification and rescission. He was able to confirm other incentives and terms that many here were already aware of. This guide is Julian Osoria, at Grand Cal.

• Julian confirmed that an August, September, October, and December use year is possible and would be eligible for the Magical Beginnings buy back incentive of 2022 points. The banking period is not entirely a factor.

• He was apologetic of my situation, but unfortunately as a new guide, he did not have the authority to make any changes or modifications to the existing contract. He did contact Member Services, and they were unwilling to help. He suggested that I seek to rescind the contract.

• He said that in his training (and bear in mind that he is a relatively new guide) that he was instructed to consider the preferred travel patterns of prospect members. Service before sales, he said. Consequently, Julian was surprised that I was presented with February as my initial option. Julian was able to pull up my family's past travel history to WDW. He took notice that we've been to WDW each year for the past 9 years in the months of November and December. We even went during the pandemic when it reopened. Many of the years we also did a post park cruise on DCL. He seemed rather genuinely upset that a guide would assigned a February use year given our travel history. Points are allocated differently across the use years, but there's ample available that could have been assigned to me in Aug-Dec.

• Members with existing contracts, they are told to assigned them matching use years, unless a request is made.

At any rate, I am still awaiting a response back from my notice to rescind. I'll share with everyone what comes about. Thank you for everyone's input.

 

[Straulin]

It has closed. Trying to reach a rep for further clarity on the issue.

As Starry_solo asked, when precisely did it close? You have 10 days from the closing to rescind the agreement by Florida law. If within the time period, you can revoke the agreement and start anew. If you are already considering adding on, you may also get a better price based upon the number of points bought in addition to the magical beginnings for the 2023 points you would receive with an August or later use year.

***Edit - Nevermind I didn’t make it to the bottom of the thread before responding. I see you have taken care of it.

 

[starry_solo]

I hope this all works out for you @architectonic

 

[intamin]

I live minutes from Disneyland. Yesterday afternoon, I walked into the DVC sales center to inquire about modifying the contract/deed or rescinding it all together to start anew. At any rate, the guide there was not able to help with the modification and rescission. He was able to confirm other incentives and terms that many here were already aware of. This guide is Julian Osoria, at Grand Cal.

• Julian confirmed that an August, September, October, and December use year is possible and would be eligible for the Magical Beginnings buy back incentive of 2022 points. The banking period is not entirely a factor.

• He was apologetic of my situation, but unfortunately as a new guide, he did not have the authority to make any changes or modifications to the existing contract. He did contact Member Services, and they were unwilling to help. He suggested that I seek to rescind the contract.

• He said that in his training (and bear in mind that he is a relatively new guide) that he was instructed to consider the preferred travel patterns of prospect members. Service before sales, he said. Consequently, Julian was surprised that I was presented with February as my initial option. Julian was able to pull up my family's past travel history to WDW. He took notice that we've been to WDW each year for the past 9 years in the months of November and December. We even went during the pandemic when it reopened. Many of the years we also did a post park cruise on DCL. He seemed rather genuinely upset that a guide would assigned a February use year given our travel history. Points are allocated differently across the use years, but there's ample available that could have been assigned to me in Aug-Dec.

• Members with existing contracts, they are told to assigned them matching use years, unless a request is made.

At any rate, I am still awaiting a response back from my notice to rescind. I'll share with everyone what comes about. Thank you for everyone's input.

We're all rooting for you. Best of luck. Talk about a mess that shouldn't have occurred in the first place.