Resale Contract Closed, but not getting contracted loaded until after 7/8/2022 over 60 days from closing? Advise wanted

[Sandisw]

I know you mentioned this before but man this makes me super uncomfortable.

If he stops paying maintenance fees, you don't have much recourse. I mean, sure, you could go after him but attorney fees would be way more than you'd recover. I'd probably make sure I'm setting money aside to pay the maintenance fees. Also, how does the seller have access to your account to set up the monthly payment information?

The contract closed. That means the MFs for 2022 had to be paid in full or it could not close. So, not a worry there.

Anyone who has a monthly plan has to pay balance before the closing.

 

[sndral]

Thanks! I reached out to the Title Company to see if there were any documents that were signed (Because none of mine said anything about a delayed transfer) discussing a delayed transfer. They wouldn't answer the question, and referred me back to the broker and agent. Which is weird being I paid for the service with the title company.

Sounds like you have your answer.
Send an email to the title company repeating your verbal questions - did the transfer request they sent to DVC include an instruction to delay transfer until after 7/7/22?
I’ve never sold a contract, but in looking at the documents used in gratuitous transfer cases DVC requires that a transfer request signed by the person transferring (seller) plus a copy of the deed be sent to DVC. For those who have sold contracts did you sign transfer request documents?
The problem I see is that if MA has a transfer request that instructs them not to transfer ownership rights until after 7/7/22 they have no way of knowing whether the parties contracted for that or not.

My email to DVC would basically be a demand letter, worded something like this:
On May 3, 2022, I became the legal owner of XYZ when my deed was recorded in Orange County, Florida. When ownership of my property was not transferred into my membership ABC in a timely fashion I asked Title Co. X, Broker Y, and DVC MA what was causing this delay and thus far have not received an explanation for this unlawful failure to transfer my ownership interest into my membership.
The failure to transfer my ownership of XYZ into my membership ABC in a timely manner has caused me material harm and interfered with my planned usage of my ownership interest in deed XYZ. It also has exposed me to potential liability from unauthorized use of my ownership of XYZ.
Since no explanation of or legal authority for delaying the transfer of my ownership has been provided to me by any party, I hereby demand that you transfer my ownership of deed XYZ into my membership ABC immediately to mitigate further diminution of the value of my lawful ownership of said property.
Thank you for your prompt attention to the resolution of this matter.
Sincerely
JGINPL

You want a paper trail because you should report the agent & broker to the relevant licensing authorities. By doing so you’ll perhaps cause them to correct their practices & save future buyers from being dealt with dishonestly.

 

[JGINPL]

Verification from Title Company that the only special language is:
No. The contract, in special instructions reads points are not available until 2024.

 

[Robbie Cottam]

This all still comes back to how big of a stink you are personally comfortable making.

It seems the way the paperwork was complete and submitted to Disney has tied Disney's hands.
You now have two choices:

a. sit back and wait,
b. Force Disney's hand,

Disney is going on the paperwork the was presented to them, phone calls are all well and good but don't actually do much. Presenting Disney's the proper paperwork to stake you claim will untie their hands and allow them to fix this for you.

However, it will also force them to cancel the standing reservation.

The contract just say there are not point available until 2024, it make not reference to a pending vacation because they would have had to delayed closing. Someone wanted this deal closed for whatever reason. They did not follow the proper procedure. They may have broken the law.

This is a real estate transaction plain and simple, you bought a house and the former owner hasn't moved out. If you want to let them stay, then you have to wait until they are done to book you next vacation. If you want to use your membership well you need to stand up for yourself and have them removed.

The seller's legal beef is going to be between him and the broker. He can't go into court and say I transferred the deed but I still wanted to use the property.

Well, I mean this is America (s)he can do that, but it will not be very productive.

Here is the title change form.
https://disneyvacationclub.disney.g...gespecific/eng/faq/LTRTRANSRevised8-17-16.pdf

Email it to :
wdw.dvc.member.administration@disney.com

Include a copy of the controller website showing the transfer of deed,
Include a letter stating.

This deed was transfer on ...... For what ever reason the membership was not transferred into may name. I have made numerous calls to the broker, title company and member administration. Someone has lied to me.
I now formally demand you transfer the membership to me account, so that I may use my membership.

Good luck with whatever course of action you take.

 

[RoseGold]

Yes, my letter would be the same as @sndral

 

[JGINPL]

I am reaching out to Member Administration today to get any paperwork that they had received and to try to get some of my questions answered. I will be pushing to try to transfer the reservation out of the contract so I can get access to the contract.

 

[cm8]

Good luck OP!

 

[RoseGold]

If you get points off of this, I'm pretty sure they will handle the OTU point issue...

 

[JGINPL]

Disney called me and we talked. They need to research it a little more they stated. I reiterated I don't want the reservation cancelled, but is there a way to move the reservation out of that contract so I could get access to the contract. I will keep everyone posted with what they say.

 

[Disneykate605]

I'm so glad you finally seem closer to a resolution. This situation has certainly been stressful for you and the lack of communication all around has only added to any frustration. Hopefully, you will have access to your contract any day now!
Good luck!

 

[Suzabella]

Great news! Hope they can help in some way.

I'd still be filing a complaint on broker with state. There's mention of this happening with this broker to another poster in this thread. There are likely more and you won't be the last as long as they get away with it.

 

[Sandisw]

Disney called me and we talked. They need to research it a little more they stated. I reiterated I don't want the reservation cancelled, but is there a way to move the reservation out of that contract so I could get access to the contract. I will keep everyone posted with what they say.

They can definitely find a way to get that reservation moved if they want to....even if it is moved to your membership with the contract and you just let it stay there. Good luck!!!

 

[sndral]

Great news! Hope they can help in some way.

I'd still be filing a complaint on broker with state. There's mention of this happening with this broker to another poster in this thread. There are likely more and you won't be the last as long as they get away with it.

100% agree with this. Behavior doesn’t change unless bad actors have to deal w/ consequences.

 

[vicarrieous]

100% agree with this. Behavior doesn’t change unless bad actors have to deal w/ consequences.

Agree. My biggest annoyance is with the broker. I feel like many get away with whatever because they are just pushing a sale through. Communications and follow through generally lack across many I have encountered.

 

[RKS03]

Even if the op winds up getting the contractual terms, there has already been a delay in getting access to the account and a lot of extra steps would have been required. Sure seems like there should be some compensation or at least an apology and explanation.

 

[vicarrieous]

Even if the op winds up getting the contractual terms, there has already been a delay in getting access to the account and a lot of extra steps would have been required. Sure seems like there should be some compensation or at least an apology and explanation.

Exactly. The fact that the broker didn't own it and at least apologize is beyond me.

When we bought, our broker made a minor mistake (forwarded on documentation of a deceased party/owner on the deed without double checking that it was the correct document) and as a result ROFR was delayed. When I did a follow up after 30 days of no response, they realized their mistake, owned it, apologized profusely and made corrections immediately. Same day we had confirmation that Disney passed on it once they sent the right form and they waived a small fee for the inconvenience. I was understanding as we can all make mistakes, but it was how they handled it which made the difference.

 

[Sandisw]

Even if the op winds up getting the contractual terms, there has already been a delay in getting access to the account and a lot of extra steps would have been required. Sure seems like there should be some compensation or at least an apology and explanation.

And, by the time they investigate it all, it’s possible that it ends up delayed until after the trip.

 

[RoseGold]

Disney called me and we talked. They need to research it a little more they stated. I reiterated I don't want the reservation cancelled, but is there a way to move the reservation out of that contract so I could get access to the contract. I will keep everyone posted with what they say.

Wow. I would never do that. I would expect it canceled. Someone lied here.

 

[Sandisw]

Wow. I would never do that. I would expect it canceled. Someone lied here.

I would tell them if they can find a way to let it stand, great. But, I’m with you…I would not accept a delay in transfer if they can’t because in the end, the buyer expected access by now.

 

[JGINPL]

Wow. I would never do that. I would expect it canceled. Someone lied here.

I do understand where you are coming from. I'm trying to get more out of Disney with regards to when the reservation took place, who signed the forms that were turned into Disney for the delayed transfer. I'm very irritated with the whole thing but want more answers as to what went wrong, and how it happened.