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

[DanCali]

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.

I believe its 10 days from signing, not closing. Once it's closed and clears escrow, the deed is filed in Orange County, FL and the property legally belongs to the buyer. That is why they wait 10+ days to file the deed.

@architectonic I am also really hoping they can help you out , but if the agent signed on 6/27/23 I suspect that, unfortunately, you are still probably past the 10 days. It specifically states "10 calendar days", not 10 business days, so 10 days would have ended last Friday (July 7).

You can search this page to see if your deed is filed with the county. Search by "grantee" using your last/first name, and you can narrow it down with dates and using "Disney Vacation Development Inc" in the grantor field. If it is filed, then, at least by their calculation, you are definitely past your right to rescind. They don't always file right after 10 days (ours was filed 17 days after we signed, 14 days after they signed), so if it's not filed I wouldn't interpret that in any particular way, but maybe there is room for a supervisor to pull strings if it happens quickly...

https://selfservice.or.occompt.com/ssweb/search/DOCSEARCH2950S1

 

[Straulin]

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.

My new guide, Robert Gleason, brought up the pay over 90 days thing when I started talking about putting the purchase on my Disney Visa. I was very pleased with him. We had a BCV resale contract with February use year and wanted to buy an August use year at VGF. Getting August was such a non-issue I don’t recall if he even put me on hold to verify with his supervisor. He also asked me about magical beginnings and was going to explain how it worked but I already was aware and we wanted the 2022 points for a trip.

He is based in California so I think his hours are a bit different from the East Coast folks.

 

[starry_solo]

Any updates @architectonic

 

[architectonic]

Any updates @architectonic

Unfortunately, no updates. I'm still waiting to hear back from Quality Assurance, to whom I sent in the letter and notice of rescission. I have receipt that they've received it but haven't heard back yet.

As @DanCali highlighted, I think I may beyond the rescission period. It does say 10 calendar days. What I am unsure of is what they deemed to be "the last of all documents required" for which the first day of rescission period would begin. There was a document that I had signed on 6/30/2023. If that document was one of the "last of all documents required", then that would place me within the final day of rescission period. It's all just confusing and convoluted.

Unfortunately, the real estate interest has closed, been recorded by the clerk and title issued. However, from my research I still have a chance at annulling the contract if it is evident that the terms and conditions were drafted with material information being withheld from me. This is the position that I am trying to swing with. I had specifically asked my guide whether I could have a use year other than February; he said that if he did assign an alternate use year, then I would have to forego some of the incentives/promotions. Upon hearing this, I did not want to lose out on these promotions and accepted the February use year. My argument is that had I been presented with the correct information (i.e. a use year other than February would still entitle me to the same promotions/incentives), then I would have never agreed to a February use year. I know and believe that the conversation was recorded. If this holds evident, then I believe this would qualify as a material aspect that affected the deal.

I'll update everyone once I hear more. I've tried calling around to MA, MS and to a local guide. So far nothing new has transpired. The only disheartening thing that I've heard thus far is from the operator with Member Services. She spoke highly of the guide and was in utter disbelief that he would do that. Seems to me like they are working friends.

 

[geargrinder]

My new guide, Robert Gleason, brought up the pay over 90 days thing when I started talking about putting the purchase on my Disney Visa. I was very pleased with him. We had a BCV resale contract with February use year and wanted to buy an August use year at VGF. Getting August was such a non-issue I don’t recall if he even put me on hold to verify with his supervisor. He also asked me about magical beginnings and was going to explain how it worked but I already was aware and we wanted the 2022 points for a trip.

He is based in California so I think his hours are a bit different from the East Coast folks.

Rob is my guide. In May I added on to my June UY AKL contract. He explained very well about choosing between current year points and magical beginnings. He also mentioned that current points could be banked even though we were well past the banking deadline. He also confirmed that I wanted to match my current UY.

He was great to work with.

 

[DanCali]

Unfortunately, no updates. I'm still waiting to hear back from Quality Assurance, to whom I sent in the letter and notice of rescission. I have receipt that they've received it but haven't heard back yet.

As @DanCali highlighted, I think I may beyond the rescission period. It does say 10 calendar days. What I am unsure of is what they deemed to be "the last of all documents required" for which the first day of rescission period would begin. There was a document that I had signed on 6/30/2023. If that document was one of the "last of all documents required", then that would place me within the final day of rescission period. It's all just confusing and convoluted.

I think I know the document you are referring to, which was also sent separately to me (the Affidavit related to the new FL law taking effect on July 1?). If so, you may have really lucked out with the timing! That was a required document and that was the first time you saw it.

The cover letter it came with literally said that the Affidavit was required to close!

 

[architectonic]

I think I know the document you are referring to, which was also sent separately to me (the Affidavit related to the new FL law taking effect on July 1?). If so, you may have really lucked out with the timing! That was a required document and that was the first time you saw it.

The cover letter it came with literally said that the Affidavit was required to close!

I think you are correct. Thank you highlighting this. The affidavit is now a mandatory aspect of a contract having interest in real property or land. Real property or land cannot be sold without buyers affidavit. This addendum may just be the what I needed.

CONVEYANCES TO FOREIGN BUYERS: Part III of Chapter 692, Sections 692.201 - 692.205, Florida Statutes, 2023 (the “Act”), in part, limits and regulates the sale, purchase and ownership of certain Florida properties by certain buyers who are associated with a “foreign country of concern”, namely: the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic. It is a crime to buy or knowingly sell property in violation of the Act.

At time of purchase, Buyer must provide a signed Affidavit which complies with the requirements of the Act. Seller and Buyer are advised to seek legal counsel regarding their respective obligations and liabilities under the Act.

 

[architectonic]

Received the following email from Stefanie Halsey, Sales Director of DVC. While she doesn’t come out and say that they agree to rescinding the contract, the tone sounds like they inevitably will… Hence why she is seeking feedback of my experience. Do you guys read it the same way? At any rate, trying to set up a time to chat with her.

I hope this email finds you well. I wanted to personally reach out to you through email, per your request, to notify you in writing that we have received your letter in your request to cancel your DVC Contract. We are very sad and sorry to hear about your unpleasant experience with DVC and we take your feedback extremely serious.



We hope to connect with you at your earliest convenience over the phone. Is there a time and date that works best for you?



Thank you again for your feedback it is greatly appreciated. Our team looks forward to talking with you soon.

 

[DanCali]

I think you are correct. Thank you highlighting this. The affidavit is now a mandatory aspect of a contract having interest in real property or land. Real property or land cannot be sold without buyers affidavit. This addendum may just be the what I needed.

CONVEYANCES TO FOREIGN BUYERS: Part III of Chapter 692, Sections 692.201 - 692.205, Florida Statutes, 2023 (the “Act”), in part, limits and regulates the sale, purchase and ownership of certain Florida properties by certain buyers who are associated with a “foreign country of concern”, namely: the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic. It is a crime to buy or knowingly sell property in violation of the Act.

At time of purchase, Buyer must provide a signed Affidavit which complies with the requirements of the Act. Seller and Buyer are advised to seek legal counsel regarding their respective obligations and liabilities under the Act.

I'm not a lawyer but I think if you put the two things below together, you have a strong case claiming you cancelled on Day #10. The fact that the deed was filed before then, may be problematic in some ways, but it shouldn't be your problem.

Rescission instructions:



I looked up that Statute and what 721.07.(6) lists are a bunch of things they need to give you like public offering statements etc. But item 721.07.(6).(e) is:

(e) An executed copy of any document which the purchaser signs.

The affidavit they sent you on June 30 definitely required a signature and the cover letter clearly stated:



I hope it works out for you! It seems to me that it's at the very least a gray area... I hope they just make it right and do it quickly without too much hassle! They are not even losing a sale here... you just want the use year they should have offered you to begin with given your travel habits.

 

[Curiousporpoise]

I’m new to DVC and don’t know how this all works, but it would be smart to let you rescind the contract, buy another contract with the correct use year, and then add on points. I had to sign 2 additional documents for VDH so I wonder what our rescind date would have been. Hope everything works out for you!

 

[we"reofftoneverland]

Received the following email from Stefanie Halsey, Sales Director of DVC. While she doesn’t come out and say that they agree to rescinding the contract, the tone sounds like they inevitably will… Hence why she is seeking feedback of my experience. Do you guys read it the same way? At any rate, trying to set up a time to chat with her.

Lol “serious” should be seriously. But, disappointing grammatical errors aside, it does sound like Disney will fix it for you. I cannot see why they wouldn’t. No money lost for them.

 

[DanCali]

Received the following email from Stefanie Halsey, Sales Director of DVC. While she doesn’t come out and say that they agree to rescinding the contract, the tone sounds like they inevitably will… Hence why she is seeking feedback of my experience. Do you guys read it the same way? At any rate, trying to set up a time to chat with her.

Usually a "Sales Director" is the last person a buyer should talk to when rescinding a timeshare contract since they will likely try to talk you out of it. In your case, I think it can be a very fruitful discussion - they don't want to lose a sale and you want a different use year. You were also lucky to be dealt a stronger hand with the timing of that affidavit.

Definitely reiterate your disappointment with the guide/salesperson. They seem to be pushing February UY, and maybe prioritizing other UYs for existing members who already own those UYs. But there is a difference between pushing something or nudging you towards it, and saying things that are untruthful or selling you a product that was a bad choice for you given your November travel pattern.

If they can give you an August, September or October use year, then problem solved. If they do it for existing members, I honestly can't see why they wouldn't do it in a case like this if it saves the sale. If not, you should rescind this anyway - February is not a good fit for you. Maybe suggest you'd take June UY if they give you an extra price concession for the experience ($7.5/point off would cover 2024 dues...).

 

[Epcot Forever Forever]

I think the odds are good that they know you’re complaining about it publicly too. Which will make them more likely to resolve it in a desirable manner.

 

[sainca11]

@architectonic let us know what happens after you speak to the Sales Director. Like you and others have said, I think you have a strong case because of your affidavit signature date. You were given false information, whether by accident or not and it makes the most sense for you and DVC to be able to re-do your contract with your preferable UY. Good luck and I hope it all works out.

 

[architectonic]

I am happy (and quite relieved) to report that DVC has said they will be doing everything they can to reconcile the issues and satisfy my demands. For the past two days, I've been speaking with Michele Teny-Borsellino (Sales Experience Manager) and she has been nothing short of amazing. Michele listened, came across as relatable, genuinely apologetic, and never once undermined or belittle my position.

She noted that DVC will be doing a "deed buyback", in which they will purchase the contract back from me. Unfortunately, that does take a little extra work and patience from both sides. So, we're not entirely at the finish line just yet. However, I have no doubt that Michele will proactively get everything done. In the meantime, I've been given the contract that I wanted from the start with the ideal use year for my periods of travel.

While she didn't express precisely why DVC was willing to satisfy my demands, I do believe that DVC was astute to the fact that I had sent in my notice to rescind within the deadline. Their acknowledgement of my rescission letter never contested my timing. The affidavit corresponding to Senate Bill 264, restricting select foreign persons from buying real property interest, is now part of the meat of the contract. When I had signed in June, it was a document that they had added last minute for signing because we were closing after July 1st. Now this affidavit is within the meat of the contract, and one must sign it at the same time as the other documents. So, @DanCali was correct in his assessment - its a required document - plain and simple. I got damn lucky! However, I like to think and believe that whether I was within the period of rescission or not, I do have the impression that Michele was there to help in any way she could. I feel confident that she would've gotten what I wanted irrespective of the cancelation period. Needless to say, she's gained my trust as she's demonstrated a lot of compassion.

At any rate, I would like to thank all of you for your support, insights and guidance. Without your inputs, I would've been stuck with a use year that did not coincide well with my periods of traveling. THANK YOU GUYS!

Special thanks and shout out to @DanCali and @starry_solo .

 

[DanCali]

I am happy (and quite relieved) to report that DVC has said they will be doing everything they can to reconcile the issues and satisfy my demands. For the past two days, I've been speaking with Michele Teny-Borsellino (Sales Experience Manager) and she has been nothing short of amazing. Michele listened, came across as relatable, genuinely apologetic, and never once undermined or belittle my position.

She noted that DVC will be doing a "deed buyback", in which they will purchase the contract back from me. Unfortunately, that does take a little extra work and patience from both sides. So, we're not entirely at the finish line just yet. However, I have no doubt that Michele will proactively get everything done. In the meantime, I've been given the contract that I wanted from the start with the ideal use year for my periods of travel.

While she didn't express precisely why DVC was willing to satisfy my demands, I do believe that DVC was astute to the fact that I had sent in my notice to rescind within the deadline. Their acknowledgement of my rescission letter never contested my timing. The affidavit corresponding to Senate Bill 264, restricting select foreign persons from buying real property interest, is now part of the meat of the contract. When I had signed in June, it was a document that they had added last minute for signing because we were closing after July 1st. Now this affidavit is within the meat of the contract, and one must sign it at the same time as the other documents. So, @DanCali was correct in his assessment - its a required document - plain and simple. I got damn lucky! However, I like to think and believe that whether I was within the period of rescission or not, I do have the impression that Michele was there to help in any way she could. I feel confident that she would've gotten what I wanted irrespective of the cancelation period. Needless to say, she's gained my trust as she's demonstrated a lot of compassion.

At any rate, I would like to thank all of you for your support, insights and guidance. Without your inputs, I would've been stuck with a use year that did not coincide well with my periods of traveling. THANK YOU GUYS!

Special thanks and shout out to @DanCali and @starry_solo .

Thanks for the update. That's great news and I'm glad you were able to get what you wanted!

Hopefully the buyback is quick and not too painful... Just to add to all the detail you provided, they probably also realize that all those deeds for which the affidavit was sent on June 30 should probably have never been filed with the county before July 11. The purchase contract states: "WHILE YOU MAY EXECUTE ALL CLOSING DOCUMENTS IN ADVANCE, THE CLOSING, AS EVIDENCED BY DELIVERY OF THE DEED OR OTHER DOCUMENT, BEFORE EXPIRATION OF YOUR 10-DAY CANCELLATION PERIOD, IS PROHIBITED". One more reason to be genuinely apologetic, since the early filing is the reason you now need to go through this extra process.

But at this point it seems like a minor issue compared to where you were earlier in the week... If they didn't give you an extra discount for all this, hopefully they send you some extra swag!

 

[Sammie]

Not going to address the guide issue as I don't know enough about the promotion to comment, but I will say you are going to have this for a very long time and you will change when you vacation over the years. Use years are just a marker. We have an October use year and at first I hated it as we went earlier in the year. But honestly we have gone at least once in every month so it does not affect that.

 

[we"reofftoneverland]

I am happy (and quite relieved) to report that DVC has said they will be doing everything they can to reconcile the issues and satisfy my demands. For the past two days, I've been speaking with Michele Teny-Borsellino (Sales Experience Manager) and she has been nothing short of amazing. Michele listened, came across as relatable, genuinely apologetic, and never once undermined or belittle my position.

She noted that DVC will be doing a "deed buyback", in which they will purchase the contract back from me. Unfortunately, that does take a little extra work and patience from both sides. So, we're not entirely at the finish line just yet. However, I have no doubt that Michele will proactively get everything done. In the meantime, I've been given the contract that I wanted from the start with the ideal use year for my periods of travel.

While she didn't express precisely why DVC was willing to satisfy my demands, I do believe that DVC was astute to the fact that I had sent in my notice to rescind within the deadline. Their acknowledgement of my rescission letter never contested my timing. The affidavit corresponding to Senate Bill 264, restricting select foreign persons from buying real property interest, is now part of the meat of the contract. When I had signed in June, it was a document that they had added last minute for signing because we were closing after July 1st. Now this affidavit is within the meat of the contract, and one must sign it at the same time as the other documents. So, @DanCali was correct in his assessment - its a required document - plain and simple. I got damn lucky! However, I like to think and believe that whether I was within the period of rescission or not, I do have the impression that Michele was there to help in any way she could. I feel confident that she would've gotten what I wanted irrespective of the cancelation period. Needless to say, she's gained my trust as she's demonstrated a lot of compassion.

At any rate, I would like to thank all of you for your support, insights and guidance. Without your inputs, I would've been stuck with a use year that did not coincide well with my periods of traveling. THANK YOU GUYS!

Special thanks and shout out to @DanCali and @starry_solo .

Great to hear that Disney customer service is still strong. Thanks for reporting back.

 

[MagicDVC]

Glad to see a satisfactory resolution. DVC was in their interest to solve your issues since IMHO the best advertising DVC has is word of mouth. I wonder how many uninformed members had to make a UY work because thats the hand they were dealt from their guides and what was selling at the time.

 

[Epcot Forever Forever]

The downside for DVC to a positive resolution was minimal since you still wanted it, just not that one.

I’m glad they figured it out for you.