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

So a recent closing was transferred in 8 days, but your broker or title company is saying it will be a minimum of 30 days?

When I hear things like this and really long ROFR respones, I wonder if we are wrong in blaming Disney. There is really no way of knowing when the broker/title company, actually submits docs for ROFR or transfers.
I bought before Covid and got a similar estimated timeline. This is just the broker trying to not get your hopes up, with conservative timeframes. No big deal.

That's very different than the hot cluster of no ethics happening in this thread.
 
So, in this case, MA only held out off transferring because the broker asked them to hold off. IMO, MA should not have done it but canceled the trip, and transferred it, especially since there was nothing from the buyer it was to be delayed.
Bingo. The broker has no legal standing, or contractual privity with regard to the disposition of the recorded deed.
 


So a recent closing was transferred in 8 days, but your broker or title company is saying it will be a minimum of 30 days?

When I hear things like this and really long ROFR respones, I wonder if we are wrong in blaming Disney. There is really no way of knowing when the broker/title company, actually submits docs for ROFR or transfers.
My title company did say to expect Disney to take 3-4 weeks after being notified (they sent the notification the day after closing) to get the account setup and another 14 days for the points to be loaded. It happened a lot faster than the title company expected and I specifically called and asked about loading the points as we were hoping to set an October reservation.
 
My title company did say to expect Disney to take 3-4 weeks after being notified (they sent the notification the day after closing) to get the account setup and another 14 days for the points to be loaded. It happened a lot faster than the title company expected and I specifically called and asked about loading the points as we were hoping to set an October reservation.
This October?
 


I bought before Covid and got a similar estimated timeline. This is just the broker trying to not get your hopes up, with conservative timeframes. No big deal.

That's very different than the hot cluster of no ethics happening in this thread.
Yep, sorry, I thought I was responding to a similar post on the ROFR thread, my point being we really don’t know for sure, where the delays happen. I don’t think there is anything nefarious about it. I do think some brokers/title Companies are more efficient than others, which leads to some needing to estimate longer timelines.

This situation though I agree is unethical and in Disney’s case could even be illegal. At this point it’s Disney that is denying the OP the use of their legally owned property. Even worse, Disney is allowing a reservation to take place without releasing them of the terms and conditions of the reservation. I find it hard to believe that Disney’s legal department would be OK with this. If they are OK with it, then they clearly have two sets of rules they go by. When they take a contract through ROFR they have been pretty clear they are not going to delay their ownership/use of any contract.
 
When talking to the Vice President from the Broker company, it sounds like hopefully we will come to some resolution. I sent the email I sent to Disney to him then explained the situation on the phone. I think he will try to make things right. I am supposed to hear by tomorrow. So fingers crossed.
 
When talking to the Vice President from the Broker company, it sounds like hopefully we will come to some resolution. I sent the email I sent to Disney to him then explained the situation on the phone. I think he will try to make things right. I am supposed to hear by tomorrow. So fingers crossed.
What kind of solution is he proposing?
 
What kind of solution is he proposing?
Well that is a good question. I told him how this is interfering with a planned trip, how the non disclosure would have changed how I bid on the contract, and how all of this wasn’t in the sales agreement or the purchase documents. So I feel he is taking this more seriously than the original broker. So i am hoping to hear some good news tomorrow. But I guess I cannot hold my breath either. He wanted to do some more research to see what Disney and or the Broker company can do to try to make it right.
 
Well that is a good question. I told him how this is interfering with a planned trip, how the non disclosure would have changed how I bid on the contract, and how all of this wasn’t in the sales agreement or the purchase documents. So I feel he is taking this more seriously than the original broker. So i am hoping to hear some good news tomorrow. But I guess I cannot hold my breath either. He wanted to do some more research to see what Disney and or the Broker company can do to try to make it right.
Few things. 1) Definitely report the broker and brokerage to FREC for breach of duty; 2) file suit immediately, would independently sue the seller for specific performance, and also sue brokerage and possibly even DVC for any realized damages and ask for major punitive damages for fraudulent listing/transaction. 3) contact state FL AG to report this conspiracy of all involved...they may be more victims then you realize and real estate fraud is easy to prove. Also - if you wired the money, a federal wire fraud charge is possible and very easy to prove...if you used the federal USPS postal system to mail a check, mail fraud is a possibility. YOU have the power here, not some used DVC contract saleman. They perpetuated a major fraud against you, which cannot stand. Don't not let them try to manipulate you into submission for their own financial gain.
 
sue the seller for specific performance
On what basis? The seller performed and the contract closed, didn't it?
Well that is a good question. I told him how this is interfering with a planned trip, how the non disclosure would have changed how I bid on the contract, and how all of this wasn’t in the sales agreement or the purchase documents.
But you didn't tell him how to make it right. What's an acceptable solution for you? You need to tell him what you want. I think you want the transfer to go through immediately, so he needs to remove any obstacle. Perhaps if he secures the reservation you want, that would be acceptable, but I don't think that's really going to work out for you. Set expectations, or his solution is going to be what is easy and will likely leave you unsatisfied.
 
Well that is a good question. I told him how this is interfering with a planned trip, how the non disclosure would have changed how I bid on the contract, and how all of this wasn’t in the sales agreement or the purchase documents. So I feel he is taking this more seriously than the original broker. So i am hoping to hear some good news tomorrow. But I guess I cannot hold my breath either. He wanted to do some more research to see what Disney and or the Broker company can do to try to make it right.
I wish you luck and hope your nightmare ends soon. When this all done I hope you really consider contacting Florida’s real estate regulators and filing a complaint. Help protect those coming after you.
 
In edition to the transfer going through and securing your reservation, I think you should also ask for some additional compensation. Perhaps they could refund you both your closing costs and their commission, to which they might be amenable if they thought you were going to pursue legal action. They could also provide you complimentary rental points to cover your vacation.

For me, the problem with actually following through on legal action is both the additional time and money involved. I think it works better as a threat.
 

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