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

[JGINPL]

I would contact MA and discuss the issue with them. If the contract has closed, it is yours now and I would think that you have the right to tell them you have not approved the newest trip. They may have been given the impression that it was disclosed to you.

I have bought and sold several delayed closing and they did not happen until the trip was over. It sounds like this trip was planned after the sale.

Ok would you do even though you know you weren’t supposed to have points until 2024? I was aware of that, but I also don’t want people messing with contracts if I own it

 

[Sandisw]

Ok would you do even though you know you weren’t supposed to have points until 2024? I was aware of that, but I also don’t want people messing with contracts if I own it

Personally, yes, I would. When you were to get your first set of points is really immaterial. If the contract closed, you were expecting to take ownership and I would want that.

 

[RoseGold]

Your name is on the Comptroller as the deed owner right?

This makes no sense to me. If you own the contract, you should be able to cancel the reservation. There's no back deal with Disney giving somebody else time in your timeshare after it changes hands.

I'm shocked this made it through like this, actually.

My first call would be to member administration (not services). I would expect Disney to make this right for the owner, that's you. If they don't answer, I'd call MS and get them to transfer me to someone who can handle this.

If Disney isn't answering or whatever, my next call would be the title agent.

I bought a delayed close, VERY clear in the paperwork. The sellers shortened the trip by a day, and I got the points. They actually sent the paperwork from Florida within a couple days of the final trip. Actually, someone staying on your points, you are liable for damages for!! Gah, what a mess.

Edit: There was a case here where a seller booked (and went on maybe?) a trip after close but before Disney completed everything. The title company had already verified and done everything. The seller just stole the points. That's why the contract has a provision for missing points and they take it from the escrow before the release the money to the sellers. Or, maybe the buyer can walk. Depends on the contract.

I'd have to decide whether I wanted to walk away from the whole thing. Wow

This one is going to need an update!!!

 

[CarolMN]

If done correctly, the contract shouldn't have closed until after the trip was completed. Broker/Closing Agent messed up. You paid, contact closed, deed recorded. It's reasonable to assume everyone got their money. That contract now belongs to you.

I would tell broker/closing agent they need to fix this asap! Consider filling a complaint with appropriate Florida State licensing agency and/or BBB. No need to name broker or closing company here. Most of us only know one resale broker that charges an admin fee. If you paid for title insurance, you might seek their help as well. Good luck.

 

[brazzledazzler]

If you closed, you own it. Please keep us updated with this.

I’m so sorry this happened to you!

 

[vicarrieous]

If you paid the money, closed and have a deed, the contract is yours and Disney should be issuing you a member id and log in code. Does it sound like the title company has not sent it on to Disney so you have access?

This all sounds like someone screwed up and trying to cover their butt. I would be worried that you OWN this and yet someone has access to the points and contract who is NOT on the deed.

I would be talking to that broker and getting things straight NOW. If the old owner had a trip plan and didn't disclose it, it would have impacted closing and they shouldn't have been able to close/issue a deed until AFTER that travel.

I would be VERY hesitant to have a deed in hand yet no access to MY contract and account online regardless if points don't come until 2024. Something is off here. Please do some more digging and let us know.

Best of luck

 

[JGINPL]

So I’ve reached out to the broker and title company. The title company said this happens sometimes and isn’t out of the ordinary which alarms me some. (Ha ha) I reached out to Disney and they would only give me access to Disney Administrations email address. So I reiterated my concerns in the email. We will see if I hear back. Broker is supposed to reach back out to me tomorrow to discuss the situation they said. I will keep this post updated on what I learn.

 

[CarolMN]

Ask MA to at least put a note in your file that you are NOT responsible for anything associated with that reservation, including damage to the villa or any unpaid charges. They are NOT your guests, and since they no longer own the contract, that reservation should have been cancelled, or closing delayed until after the reservation was completed. The people listed on the reservation do not have permission to access the contract, nor do they have your permission to make any changes to that contract for any reason. Make sure MA knows the contract closed and that the Florida controller has already listed you as the owner of the contract. Consider copying your broker and the closing company.

 

[Robbie Cottam]

Sound like the previous owner booked a trip with all the 22/23 points, broker disclosed the previous owners trip, but not correctly and hasn’t sent the paper work to MA.

The member administration number is the same member service. 800 800 9800 I think it is extension 3. Make sure you email them a copy of the deed. Disney has no way of knowing that ownership has changed unless someone tells them.

Something to consider,
if the previous owner used the 22/23 points at this point if you get listed as the own Disney will cancel the trip, the points will go into holding. (Depending on the date of the trip) and most likely lost. The previous owner will not be will to pay the dues, AND IT WILL GET UGLY.

Not sure the direction you want to go but, maybe have a long hard conversation with your agent and or the broker.

 

[vicarrieous]

Sound like the previous owner booked a trip with all the 22/23 points, broker disclosed the previous owners trip, but not correctly and hasn’t sent the paper work to MA.

The member administration number is the same member service. 800 800 9800 I think it is extension 3. Make sure you email them a copy of the deed. Disney has no way of knowing that ownership has changed unless someone tells them.

Something to consider,
if the previous owner used the 22/23 points at this point if you get listed as the own Disney will cancel the trip, the points will go into holding. (Depending on the date of the trip) and most likely lost. The previous owner will not be will to pay the dues, AND IT WILL GET UGLY.

Not sure the direction you want to go but, maybe have a long hard conversation with your agent and or the broker.

All of this. The fault here most likely lays with the broker who did not disclose this properly. The other mistake was closing BEFORE this trip and not after.

 

[disneyland_is_magic]

Here is old thread about a delayed transfer due to a non-disclosed pending trip. I am guessing its the same broker as they mention an admin fee as well. In this case they hadn't even gotten as far as you (the sellers were delaying the closing but buyer was paid in full) so the OP was in a very difficult spot. I think you have even more solid footing than they did since you have closed.

Anyways, page 5 shows they were able to get a good resolution, the poster has been off the Disboards since April, but maybe send them a DM? It may forward to their email? Sounds like they know exactly what you are going through and may be able to get you advice of who to speak to at the title company/broker.

https://www.disboards.com/threads/dvc-purchase-pending-reservation-not-disclosed.3800621/

 

[gharter]

We are in the process of selling a contract. We had to submit forms for the points available as well as any upcoming trips that will use points.
We just sent in the final paperwork and had to submit copies from the DVC site of our current points as well as activity from 2020 to 2024.
This prevents the issue you had. However, it sounds like the closing was delayed due to a planned trip. The fact that there are no points until 2024 goes along with this. There is no way that the contract should have been able to close with points still being used for a trip. It should have closed after the trip.
I agree that this should have been pointed out clearly to the buyer. However, with no points coming until 2024, it really doesn't matter how long closing takes as you can't borrow any points until 2023.
If the upcoming trip, really is after the contract closed, that does cause a whole lot of issues for everyone.

 

[RoseGold]

This one is worth finding Bill’s email for. I emailed Terri about my repeated messes with their resale “glitch” and they actually made one particular situation right. So they do fix actual messes. Or go up the phone tree again. Someone actually does have authority to handle this.

Once you figure out what’s going on, then you talk math. I can be bought. I’m sure you can be too.

 

[JGINPL]

We are in the process of selling a contract. We had to submit forms for the points available as well as any upcoming trips that will use points.
We just sent in the final paperwork and had to submit copies from the DVC site of our current points as well as activity from 2020 to 2024.
This prevents the issue you had. However, it sounds like the closing was delayed due to a planned trip. The fact that there are no points until 2024 goes along with this. There is no way that the contract should have been able to close with points still being used for a trip. It should have closed after the trip.
I agree that this should have been pointed out clearly to the buyer. However, with no points coming until 2024, it really doesn't matter how long closing takes as you can't borrow any points until 2023.
If the upcoming trip, really is after the contract closed, that does cause a whole lot of issues for everyone.

True but I could borrow some of the 2024 points for my trip I have planned for 2023. That is why I do not like and want more clarification on this.

 

[gharter]

True but I could borrow some of the 2024 points for my trip I have planned for 2023. That is why I do not like and want more clarification on this.

True. And as noted, the broker should have been upfront about a planned trip for the contract you were purchasing.

 

[Sandisw]

True but I could borrow some of the 2024 points for my trip I have planned for 2023. That is why I do not like and want more clarification on this.

Somebody seems to have not only forgotten to mention the delayed closing, but also went ahead and closed it early. I don't think that reservation would be caught by MA until the info is sent to them....and if the title company has delayed doing that, even though you officially own it, then that would make me more upset...and why I recommend reaching out to MA on your own and at least find out if they got the documents yet...

 

[vicarrieous]

True. And as noted, the broker should have been upfront about a planned trip for the contract you were purchasing.

Exactly. The fact that you PAID for it and signed everything and its in your name yet someone else has access has me uncomfortable....

Somebody seems to have not only forgotten to mention the delayed closing, but also went ahead and closed it early. I don't think that reservation would be caught by MA until the info is sent to them....and if the title company has delayed doing that, even though you officially own it, then that would make me more upset...and why I recommend reaching out to MA on your own and at least find out if they got the documents yet...

Agreed. After reading all of this, I would put money on that the title company is holding out sending it to Disney which doesn't sit well with me. If it goes to Disney though, that trip may be cancelled and then there is more of a mess. Any which way, this is a miss. I feel bad for the OP and would be pissed at the broker for not properly disclosing and the title agent for processing.

 

[JGINPL]

The broker will be contacting me later this morning so we will see what they say on this. I've also emailed Member Administration just asking about the contract. I've emailed the Title Company to see if the documents have been sent to Disney after the closing. I would assume they have as Deed was recorded in early May, Title company originally emailed me stating that they were sending to Disney and it could take 3-4 weeks to transfer, that is what got me checking. It had been over 4 weeks.

 

[Ms Bibbidi]

Recording the deed generally transfers property rights. You posted below you knew the points were not for you.

 

[wilkydelts]

If Disney creates you an account those points will be under your control. Can't you just delete the reservation then?