Questioning what DVC agent said

So not to be the voice of dissention but there can be shady (or perhaps confused) sellers that may list/sell a contract without the correct availability of points. Normally this is caught by Disney during ROFR (this happened to us) and then requires a new contract to be signed by both the seller and buyer with the correct info reflected (we backed out because the contract was of no interest to us being that it was stripped). However In extremely rare cases (I've only seen a few threads in the past few years) something is either not caught during ROFR/estoppel or the seller tries to pull a fast one during the closing process. By no means am I saying this normal or common but obviously there is a small risk of this happening. That is why some brokers (like DVCresalemarket) have stipulations in their contract that penalize the seller stiffly if any points listed are used before the buyer gains access to the points. Honestly if I were ever to buy resale again in the future I would insist that clause be added if it weren't already in the contract. An honest seller should have no problem with that-I wouldn't.
 
Makes my blood boil, will they say anything? DVC check your contract before closing, your sales contract contains a clause that if claimed points are missing you can cancel or they'll knock a sum (in my case $18 a point, very profitable) off the resale price. Finally the title company, in my case Magic Vacation Title, do not release the funds until all points are in your account. The man was talking baloney, I'd have hoped Disney wouldn't engage in this behaviour, you should report it.
Not all resale companies' contracts contain such a clause-I think they all should and perhaps they all will at some point. Honestly I would insist on that going forward and recommend to any buyer to do so.
 
So not to be the voice of dissention but there can be shady (or perhaps confused) sellers that may list/sell a contract without the correct availability of points. Normally this is caught by Disney during ROFR (this happened to us) and then requires a new contract to be signed by both the seller and buyer with the correct info reflected (we backed out because the contract was of no interest to us being that it was stripped). However In extremely rare cases (I've only seen a few threads in the past few years) something is either not caught during ROFR/estoppel or the seller tries to pull a fast one during the closing process. By no means am I saying this normal or common but obviously there is a small risk of this happening. That is why some brokers (like DVCresalemarket) have stipulations in their contract that penalize the seller stiffly if any points listed are used before the buyer gains access to the points. Honestly if I were ever to buy resale again in the future I would insist that clause be added if it weren't already in the contract. An honest seller should have no problem with that-I wouldn't.

I think I recall one time it was reported that the seller transferred out points after the sale closed but before Disney transferred the contract. Usually if the seller has been confused it is caught before that and even that is relatively rare.

None of this sounds like what the Guide said though. They said most in an attempt to create fear of resale and procure a sale.
 
I think I recall one time it was reported that the seller transferred out points after the sale closed but before Disney transferred the contract. Usually if the seller has been confused it is caught before that and even that is relatively rare.

None of this sounds like what the Guide said though. They said most in an attempt to create fear of resale and procure a sale.
Oh I definitely agree it is extremely rare and the guide is trying to make a sale but not impossible they way many here made it seem. I also follow other message boards/face book groups and had seen one or two other shady situations occur-somehow MF not up to date and Disney refusing to transfer the contract until it was resolved, seller basically backing out at the last minute and not sending in the closing documents, seller not having the authority to sell the contract (in the case of multiple owners) -again by no means normal or to be expected but I would say it does seem that there are posts occasionally where buyers encounter issues during the sale which either requires them to renegotiate, accept the contract as is (with error in points) or cancel the sale (sometimes losing significant time involved in the process). My point was that it is different than buying from Disney. You can save a ton of money but there can be lengthy delays or disappointments (due to uninformed sellers), and unfortunately in EXTREMELY rare cases shady sellers.
 

I'd recommend DVC Resale Market for protection reasons, you get that clause in the contract for $18 a point (more fool the seller if they use them) or the ability to back out, AND the Title Company they use holds the cash until the points are confirmed. Have to stress though problems seem incredibly rare anyway, not most (in fact virtually none) being fraudulent etc as was suggested the salesman has said.

www.dvcresalemarket.com
 
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Oh I definitely agree it is extremely rare and the guide is trying to make a sale but not impossible they way many here made it seem. I also follow other message boards/face book groups and had seen one or two other shady situations occur-somehow MF not up to date and Disney refusing to transfer the contract until it was resolved, seller basically backing out at the last minute and not sending in the closing documents, seller not having the authority to sell the contract (in the case of multiple owners) -again by no means normal or to be expected but I would say it does seem that there are posts occasionally where buyers encounter issues during the sale which either requires them to renegotiate, accept the contract as is (with error in points) or cancel the sale (sometimes losing significant time involved in the process). My point was that it is different than buying from Disney. You can save a ton of money but there can be lengthy delays or disappointments (due to uninformed sellers), and unfortunately in EXTREMELY rare cases shady sellers.
Yes but if any of these rare occurrences happen, the buyer will not have lost anything but time. It is very safe buying DVC Resale (as long as a well known agent is used) due to the Title Company, Escrow account etc.
 
Even in that one instance where the Seller transferred the points outside of DVC via RCI exchange after closing (Buyer was waiting for Disney to complete the process by transferring the points into Buyer's account), it is highly likely that it was resolved to Buyer's satisfaction (probably with some non-disclosure requirement). Disney, or broker, probably realized their legal responsibility/liability in that case. Or more likely DVC realized the publicity would have brought too much exposure to the resale market and would negatively affect direct sales.
 
The estoppel is suppose to freeze the account. That's what estoppel means. That one case was an anomaly where someone didn't do what they were supposed to do.
 
Stories like these just kill me. Our guide was sooooo good. Just the other day I had a conversation with a tour-guy (not the guide but the one that sits at the desks at the resorts) that got really real and honest and not salesy at all. Awesome. Too bad we have some random guide now that we've never met.

I was sold on resale until the agent said resale contracts were more often than not tied to fraud of some sort.

Wowzers.

His main selling point was that you could be told that the contract is loaded with current year points but there is no guarantee until you actually purchase and receive your points form Disney. He said most were stripped but sold as loaded and you were stuck once you purchased and found out the truth. Is this even remotely true?

"Most"...omg.

Apparently he doesn't trust the Disney process of checking things out very much! :)


In his defense though, he was not acting like a used car salesman. He was very nice and never once tried to pressure us into making an expensive decision that day. He said he got paid either way because they were not commission and that we had time to think about it. He did throw in the special deal of last years points if we called back by April.

That's the brilliance of the GOOD used car salesman; to not act like one while still totally being one. Lies aside, he was trying to sell you something you don't need (paying a huge amount for a resort that won't work for your plans and causing you to *have to* do 7 month bookings for as long as you own your points!), and that's really just not OK.
 
We are in the process of purchasing BLT resale. Our contract, as others have mentioned, has a stipulation in it that if all of the points aren't in the account, the seller will be penalized $18/point.
In regards to "most being stripped", you will find a mixed bag here. Some contracts are stripped. But some are loaded. Others fall somewhere in the middle. But you will be able to see this as you are looking at the contract. It won't be some crazy surprise at the end of your purchase.

If you do buy resale, just make sure you use a reputable broker and title company. Otherwise, you may be stuck in a nightmare situation.
 
I was sold on resale until the agent said resale contracts were more often than not tied to fraud of some sort.

This is an outright lie and should be reported. While the chances of fraud in a resale closing do exist, I would estimate that it is less than half of a percent of resale purchases. To suggest that fraud occurred "more often than not" is reprehensible and should not go unreported.

His main selling point was that you could be told that the contract is loaded with current year points but there is no guarantee until you actually purchase and receive your points form Disney.

The first part of this is true in so much as it could happen. However, there are guarantees (or at least protections) as discussed previously in this thread.

He said most were stripped but sold as loaded and you were stuck once you purchased and found out the truth. Is this even remotely true?

No, no, no, no, no, no, no. Not even remotely true. In fact, not only is it not remotely true, it's patently false. Ok seriously, I'm starting to get mad now. Many resale contracts are sold stripped, but that is clearly advertised and sometimes reflected in the price.

If fidelity or timeshare store says a contract is loaded, can it be a lie or do they have the full info and have the points locked somehow so they couldn't be used once they are for sale?

These are legitimate companies that make their money by connecting buyers and sellers of Disney (and other) timeshares. They have full access to point summaries from Disney and they know exactly what they are dealing with and how to handle discrepancies.


I felt like he was just making it dark and scary.

Good observation. You can throw in "outright lying" as well. If what you say is true, your salesperson went beyond the gray area and outright lied.

When it was time to ask questions I casually mentioned if there were special perks to buying direct. That is when he laid it out.

There are perks to buying direct, and to some people they are worth paying the extra money. Here is where he could have made his sale, by convincing you that what you are giving up by buying resale is not worth the savings. Many disagree, but each is entitled to their own opinion and he's within his rights to try to do this, provided he is straightforward and discloses that perks are not guaranteed and can go away at any time.

In his defense though, he was not acting like a used car salesman.
Yes, he was.

He was very nice and never once tried to pressure us into making an expensive decision that day. He said he got paid either way because they were not commission and that we had time to think about it. He did throw in the special deal of last years points if we called back by April. I did read that everybody gets the special deal.

Again, addressed above. If by "special deal" you mean "what you are legally entitled to" then yes, he did offer you a special deal. The only thing special about the deal is that you would be allowed to bank your points even though the banking window has passed. But not doing that is the equivalent to selling a new car without tires. So they let you bank (put tires on the car) because to not do so would be bad for so many reasons.

During our presentation he kept pushing Poly and when we said we loved the 1BR we'd been staying in and couldn't see staying in a studio every visit (and couldn't afford a bungalow), he kept telling me all the 1BRs are always open to book and you'll have no trouble finding one at 7 months. This was after telling him we travel in the fall. Research > sales man.

The red flag here is that he said "always". The fact is that 1BRs are historically the last room category to book, so his assertions about availability are not entirely inaccurate. The bigger question is, if you prefer 1BR units, why is he trying to sell you Poly? Answer: because that's what's being sold right now. If you truly have your heart set on buying direct and staying in 1BR units, at least demand that he sell you one of the "sold out" resorts where you can have the advantage of booking at the 11 month window. You may have to go on a wait list, but at least you'll be getting something more appropriate to your needs.
 
We are in the process of purchasing BLT resale. Our contract, as others have mentioned, has a stipulation in it that if all of the points aren't in the account, the seller will be penalized $18/point.
In regards to "most being stripped", you will find a mixed bag here. Some contracts are stripped. But some are loaded. Others fall somewhere in the middle. But you will be able to see this as you are looking at the contract. It won't be some crazy surprise at the end of your purchase.

If you do buy resale, just make sure you use a reputable broker and title company. Otherwise, you may be stuck in a nightmare situation.
You'd be daft not to use one of the half dozen or so specialist DVC resellers to buy. Stick with them and you won't have problems.
 
In regards to "most being stripped", you will find a mixed bag here. Some contracts are stripped. But some are loaded. Others fall somewhere in the middle. But you will be able to see this as you are looking at the contract. It won't be some crazy surprise at the end of your purchase.

Most contracts might be stripped, but he actually said more than that. He said "most were stripped but sold as loaded". And that's just a nope.

Ok seriously, I'm starting to get mad now.

Right? That's how I felt reading the OP's post!

There are perks to buying direct, and to some people they are worth paying the extra money. Here is where he could have made his sale, by convincing you that what you are giving up by buying resale is not worth the savings. Many disagree, but each is entitled to their own opinion and he's within his rights to try to do this, provided he is straightforward and discloses that perks are not guaranteed and can go away at any time.

Absolutely.
 
https://www.disboards.com/threads/q...sale-website-the-former-dvc-salesman.3524087/

I know this happened to someone here, and from personal experience the broker did enact a substantial policy regarding points listed for all future contracts.

Regarding the DVC salesman, when I went on a tour in 2015 (my BF just wanted ice cream, a private van trip and FPs & I just wanted to see Aulani's rooms :laughing:) our guide told us all sorts of shenanigans...buy 25points (not possible) take out a mortgage (very not possible, I don't own a home, but thanks for caring about me) and resales never come around, they are hard to find!! My BF asked about them, I should have briefed him about things not to ask, but I didn't and that was the answer he got.
 
If you do buy resale, I'd ask for a new guide, this one sounds shady at best.

I think some must be rewarded with points. Our guide (who obviously lives in Florida), kept talking all the resorts he owns at and how he has 900 points and books MK view during 4th of July every year. My ears just heard "I get points on commission".
In the timeshare sales world it's common for the sales staff to claim they own when they don't. I'm not sure I can point to a specific situation of this with DVC but I've seen MANY examples in the timeshare world in general.
 
In the timeshare sales world it's common for the sales staff to claim they own when they don't. I'm not sure I can point to a specific situation of this with DVC but I've seen MANY examples in the timeshare world in general.

Ahh yes, that is a good point. We had an offer accepted on a resale (we're in ROFR now *fingers crossed*), so we'll see who our guide ends up being!
 
Ahh yes, that is a good point. We had an offer accepted on a resale (we're in ROFR now *fingers crossed*), so we'll see who our guide ends up being!
You'll likely have the one you toured with but you may want to request a change with your experience so far.
 
Wow, thanks everybody for all the replies and info. I'm back fully on the resale bandwagon. I have been pouring through all the old topics on here too and have learned a ton. Now I just have to decide where and how much.
 
Wow, thanks everybody for all the replies and info. I'm back fully on the resale bandwagon. I have been pouring through all the old topics on here too and have learned a ton. Now I just have to decide where and how much.
Glad this was helpful. It's always nice to be able to help people coming on here looking for information. To be clear, I wasn't trying to steer you one way or another, simply trying to provide accurate information on both sides of the issue so that you can make an informed decision. Especially given the fact that your salesperson did not do that. While I personally think that resale is the best way to go, (with the possible addition of 25 direct points to get AP savings, etc.) I respect the opinion of others who feel differently for whatever reasons are important to them.

To me the biggest factor to be considered in a DVC purchase is risk. More important than home resort, use year, perks, membership card, member cruises, etc. etc. etc., in my opinion risk is the standard that a DVC purchase should be measured by. If you buy resale and two years later you no longer want to own (due to financial problems, divorce, illness, sudden allergy to giant mice, etc), you can get most of your money back by simply putting your contract back on the market. Sure there is a commission and prices could possibly go down, but your risk is very low. Conversely, if you buy direct and find yourself in the same circumstances, you are looking at anywhere between 20-60% of your money being lost. People don't typically buy timeshares with the thought of making money or with the thought that catastrophe is soon to strike, but that doesn't mean one should ignore the immediate and steep depreciation of their asset that happens when one buys direct and the associated pitfalls. If the resale market didn't exist, I would probably still own DVC just at a lower level, because there is value to the product (although at today's direct prices I would argue that the value is not there). But I cannot ignore the existence of a financially safer option, which is what led me to buy resale for every contract we own.
 















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