No ROFR????

[DVC Mater]

I was looking thru the DVC auctions on ebay and found this.

http://cgi.ebay.com/Disney-Vacation...ryZ15897QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

The interesting part is in the body....

"Disney Vacation Club does not have the right of first refusal for this time share. I bought it from bankruptcy court and they signed the release when I bought it."

Does anyone know if that is possible? Just wondering if anyone has heard of this situation.

 

[DisDaydreamer]

I guess anything is possible, but what purpose would it serve Disney to do it?

I think it is highly unlikely. Ask the seller to fax/email you a copy of the signed "release" and then IF you get it fax/email it to DVC for verification.

We recently watched DISboarder mattnday go through many months of back and forth communications over a supposed ROFR waiver. I don't' recall if it ever worked out for him.

Please let us know what you find out.

 

[castleri]

I would guess that Disney has ROFR every time a contract changes hands as a purchase. The waiver may have been good for when it was purchased through bankruptcy court but I think this would be a new sale and subject to ROFR. As I said it's just a guess. They even make you do the paperwork for ROFR if you are passing it to a relative as a gift even though they waive on it. I can't see that they would do a waiver for the life of the contract and however many times it might be sold.

 

[JimMIA]

I'm sure Disney retains ROFR. This sounds like a person who just doesn't know what they're talking about.

 

[drusba]

Cannot say if seller is correct but what he says is possible as part of a bankruptcy, e.g., DVC could have had claim for outstanding mortgage loan and current seller could have done a deal approved by the bankruptcy court under which he paid off the loan, gave DVC and the bamkruptcy trustee some extra and DVC agreed not to assert ROFR to his sale. Possible motivation of DVC -- it could have received enough so it was no longer interested in taking back the points and reselling and would save costs and delays of bankruptcies. In any event, I would certainly want the seller to confirm what he says is true.

 

[dianeschlicht]

I re-read the listing, and I think Disney can ROFR this. He had a waiver for ROFR when HE bought it from bankrupcy court. This is a different sale, and should be elegible for ROFR.

 

[wildernessDad]

If it sounds too good to be true...

 

[DisDaydreamer]

I sent the seller message telling him I didn't think the ROFR waiver would convey to his sale. This was his response.
---------------------------------------------
You are right. I had my lawyer look at it and the last line states I need to get another.
I called and talked to a dvc official, and she stated they have been letting all the sales go through.
thanks for your interest.
---------------------------------------------

The eBay sale has been closed.

 

[dianeschlicht]

I sent the seller message telling him I didn't think the ROFR waiver would convey to his sale. This was his response.
---------------------------------------------
You are right. I had my lawyer look at it and the last line states I need to get another.
I called and talked to a dvc official, and she stated they have been letting all the sales go through.
thanks for your interest.
---------------------------------------------

The eBay sale has been closed.

I wonder what "official" he talked to? My guess is it was someone at MS! Not terribly official, but since this is SSR, I do think they leave resales there alone right now.

 

[DVC Mater]

WOW, behold the power of the DIS, able to close questionable ebay auctions with a single thread. It's like a "DVC consumer actionline". GJ DisDaydreamer, you have probably saved some poor prospective DVC member a lot of headache.