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

[JGINPL]

I don't know what you are really expecting from the broker right now. The documents are what they are -- except whatever they submitted to Disney, which I would very much like to see. At this point, it's not like they can do anything. MA either cancels the reservation or not. It's not like they can control that. But Disney can.

Yes this is what I'm asking to see if they submitted something that said delayed transfer or anything. Because I didn't sign that.

 

[robinb]

Agree with @Sandisw - MA can fix this. OP isn't asking to cancel the seller's trip, - she just wants BOOKING ACCESS to a contract she legally owns. There may not be any points available until the 2024 use year, but those points can be borrowed NOW to book vacations in 2023. If this situation caused me to miss booking a popular time because I couldn't book I'd be livid.

IMO, the broker should at least return the admin fee - for doing a horrible job!

Thank you all I'm going to push the broker some more on this as I hadn't heard back from them today yet, like they said they would. I'm also making it known I was going to be using some of the 2024 points on a 2023 trip that I was booking and will not have to use OTU points.

If the OP didn't have any immediate plans, I would probably advise patience until the previous owner's trip was done even if they were not aware of the delay. Someone messed up and I would have sympathy for the seller.

But that is not the case.

No way in H-E-Double-Hockey-Sticks would I incur the cost of $19 per point booking my vacation with One Time Use points instead of the points I already legally own. I think that is the key in this whole deal. The delay in transferring the contract is prohibiting the OP from using their membership which, by all accounts, is legally theirs.

 

[RamblinWreck]

Yes this is what I'm asking to see if they submitted something that said delayed transfer or anything. Because I didn't sign that.

I would just ask that question of MA.

The broker is going to stall.

 

[Suzabella]

I would just ask that question of MA.

The broker is going to stall.

Or stop answering calls and/or emails.

 

[JGINPL]

Or stop answering calls and/or emails.

You are right they quit answering emails. I'm giving them until 11:00 am today before I email the MA again and Bill to see if I can get anywhere.

 

[xdan0920]

You are right they quit answering emails. I'm giving them until 11:00 am today before I email the MA again and Bill to see if I can get anywhere.

You are being far too nice. I would have gone scorched earth long ago.

 

[RamblinWreck]

You are right they quit answering emails. I'm giving them until 11:00 am today before I email the MA again and Bill to see if I can get anywhere.

Their silence should tell you all you need to know. They know they screwed this up.

 

[JGINPL]

Please let me know what you guys think about a letter to MA and Bill:
Hello my membership number is XXXXXXXXXX.

I'm writing this email because I need clarification from DVC as to when a transfer of ownership will take place. I purchased a DVC resale contract in April of 2022 with the deed being recorded on 5/3/2022 in Florida. I understand it can take time to move the contract into the membership, but I have a few memberships/contracts and the longest it has taken was 3-4 weeks. I called in and was told that there is an existing reservation on this contract. I never agreed to a delayed closing or delayed transfer when I signed my documents. I do not know if this is a mix-up with the Broker but the broker is not returning my emails. There will be an upcoming reservation that I'm going to be making and I was going to be borrowing some of the points to make a reservation.

Please clarify DVC's stance on not granting access to contracts that have been closed with deeds recorded in Florida. I was told I will not be able to access this contract for over 60 days after closing and recording of the deed.

Please clarify DVC's stance on who would be liable for this room reservation if damage takes place, being in the eyes of Florida I own this contract.

Regards,

 

[pianomanzano]

Please let me know what you guys think about a letter to MA and Bill:
Hello my membership number is XXXXXXXXXX.

I'm writing this email because I need clarification from DVC as to when a transfer of ownership will take place. I purchased a DVC resale contract in April of 2022 with the deed being recorded on 5/3/2022 in Florida. I understand it can take time to move the contract into the membership, but I have a few memberships/contracts and the longest it has taken was 3-4 weeks. I called in and was told that there is an existing reservation on this contract. I never agreed to a delayed closing or delayed transfer when I signed my documents. I do not know if this is a mix-up with the Broker but the broker is not returning my emails. There will be an upcoming reservation that I'm going to be making and I was going to be borrowing some of the points to make a reservation.

Please clarify DVC's stance on not granting access to contracts that have been closed with deeds recorded in Florida. I was told I will not be able to access this contract for over 60 days after closing and recording of the deed.

Please clarify DVC's stance on who would be liable for this room reservation if damage takes place, being in the eyes of Florida I own this contract.

Regards,

I’d personally be a little more direct/assertive and hint at lawyers getting involved. Phrases like “I understand that…” and “I don’t know…” sound weak and put the ball in their court to direct the message of the outcome. You know exactly what happened: Seller/broker failed to identify an upcoming trip, MA will not transfer until the trip (which could theoretically be cancelled, further delaying the contract transfer and complicating the transfer itself--imagine a scenario where seller cancelled/push trip out, MA might be confused as to the rightful owner of the contract because it should've transferred immediately after closing like 100% of all other resales). Clarify that the existing reservation was not disclosed properly by the seller or broker, not that you "didn't agree to a delayed closing".

Good luck!

 

[Sandisw]

Please let me know what you guys think about a letter to MA and Bill:
Hello my membership number is XXXXXXXXXX.

I'm writing this email because I need clarification from DVC as to when a transfer of ownership will take place. I purchased a DVC resale contract in April of 2022 with the deed being recorded on 5/3/2022 in Florida. I understand it can take time to move the contract into the membership, but I have a few memberships/contracts and the longest it has taken was 3-4 weeks. I called in and was told that there is an existing reservation on this contract. I never agreed to a delayed closing or delayed transfer when I signed my documents. I do not know if this is a mix-up with the Broker but the broker is not returning my emails. There will be an upcoming reservation that I'm going to be making and I was going to be borrowing some of the points to make a reservation.

Please clarify DVC's stance on not granting access to contracts that have been closed with deeds recorded in Florida. I was told I will not be able to access this contract for over 60 days after closing and recording of the deed.

Please clarify DVC's stance on who would be liable for this room reservation if damage takes place, being in the eyes of Florida I own this contract.

Regards,

It definitely sounds good, but remember, it may take 3 to 5 days, if not more, to get an answer. If they want to just run out the clock, they can. IMO (and feel free to ignore it), if you want the contract transferred ASAP, I'd call them and tell them that you expect this transferred and not held back because of a trip, because you never agreed to that. The contract closed, it is yours and that you expect it.

I would then tell them that if they want to find a way to transfer the previous owners reservation to your membership, you would agree to that so they don't lose it, but waiting until the first week of July to access your account is not acceptable when you know that other people who closed around the same time as you have had their contracts transferred, and that title to the contract has officially been transferred to you at this time.

I have been around a long time and other than in 2020 when things were pretty slow, contracts transfer when they are recorded within a few weeks. You closed on 5/3....that means, you are already 4 weeks in and plenty of time for the transfer to happen. Again, the broker and the title company have nothing to do with this any longer...it is MA who has the responsibility to see the transfer takes place ASAP for you.

 

[RamblinWreck]

Please let me know what you guys think about a letter to MA and Bill:
Hello my membership number is XXXXXXXXXX.

I'm writing this email because I need clarification from DVC as to when a transfer of ownership will take place. I purchased a DVC resale contract in April of 2022 with the deed being recorded on 5/3/2022 in Florida. I understand it can take time to move the contract into the membership, but I have a few memberships/contracts and the longest it has taken was 3-4 weeks. I called in and was told that there is an existing reservation on this contract. I never agreed to a delayed closing or delayed transfer when I signed my documents. I do not know if this is a mix-up with the Broker but the broker is not returning my emails. There will be an upcoming reservation that I'm going to be making and I was going to be borrowing some of the points to make a reservation.

Please clarify DVC's stance on not granting access to contracts that have been closed with deeds recorded in Florida. I was told I will not be able to access this contract for over 60 days after closing and recording of the deed.

Please clarify DVC's stance on who would be liable for this room reservation if damage takes place, being in the eyes of Florida I own this contract.

Regards,

I'll agree with pianoman on this one.

You don't have to mention anything about lawyers, but you should maybe say something along the lines of "as there is no documentation that says this was to be a delayed closing or delayed transfer, I must insist that you transfer this contract to me as soon as administratively feasible, given that it has already been over a month since the deed was recorded and ownership was transferred."

You may also CC the broker on it.

And then also what Sandisw said. Call in shortly after sending the email and start insisting that they do what they are supposed to do.

 

[DonMacGregor]

Again, the broker and the title company have nothing to do with this any longer...it is MA who has the responsibility to see the transfer takes place ASAP for you.

Well, they may not be able to affect any resolution, but they certainly still have something to do with it, as the nexus of the problem occurred long before anything was sent to DVC. If I run into your car in the parking lot, and your initial recourse is to chase my insurance, the carrier may be the most direct entity empowered to make you whole, but it doesn't negate the fact that it was me who smashed your car, and that other avenues remain for remedy. I'd back-burner them for now, but leave them on low simmer. I do agree that the fight is focused on DVC now though.

I agree that stronger, more affirmative language is in order. I'd go with "There was no disclosure regarding an outstanding reservation or delayed closing delineated in the sales agreement, nor did I agree to either condition in writing".

 

[mcdieselsauce]

I would CC the title/escrow company as well, they handle all the legal paperwork and are responsible for making sure the terms of the paperwork are satisfied by both parties. Since timeshare law in Florida is so strict and only a few title/escrow companies are in the space I'm sure they would want to know the seller/broker closed without being able to transfer the membership possibly breaking some part of the signed agreements.

 

[RamblinWreck]

Well, they may not be able to affect any resolution, but they certainly still have something to do with it, as the nexus of the problem occurred long before anything was sent to DVC. If I run into your car in the parking lot, and your initial recourse is to chase my insurance, the carrier may be the most direct entity empowered to make you whole, but it doesn't negate the fact that it was me who smashed your car, and that other avenues remain for remedy. I'd back-burner them for now, but leave them on low simmer. I do agree that the fight is focused on DVC now though.

I agree that stronger, more affirmative language is in order. I'd go with "There was no disclosure regarding an outstanding reservation or delayed closing delineated in the sales agreement, nor did I agree to either condition in writing".

I might specify that you didn't agree to either condition either verbally or in writing, just to be clear.

 

[DonMacGregor]

I might specify that you didn't agree to either condition either verbally or in writing, just to be clear.

Or by handshake, blood oath, or pinkie swear.

I only state "in writing" as that establishes up front that that is the only form of acknowledgement of agreement acceptable to me. It takes any verbal agreement argument they might run up the flag pole off the table.

 

[MamaBelle4]

It seems like you may be either trying the catch more flies with honey than with vinegar approach or you are not, perhaps, being demanding because the person who your email is directed did not cause these issues. And both of those things are valid.

But there's a difference between being forceful and aggressive. You are owed your contract. You've paid for it. I agree with the changes pps have made to your letter. I think if you make it clear that you want access to what is yours, you are leaving very little wiggle room for Disney or the broker to further manipulate you to make things easier on them.

This shouldn't be easy on them. They were either deceitful or they messed up big time. Either way they owe a clear and quick resolution to you.

 

[disneyland_is_magic]

I think it sounds great! You have handled this well and have given everyone a chance to fix this or acknowledge and apologize.

The only thing I would suggest changing is the part about…. “in the eyes of Florida I own this contract”

I don’t think that’s an matter of opinion based on one parties’ perspective. It is is legally your contract so I would say so more firmly.

 

[DonMacGregor]

I think it sounds great! You have handled this well and have given everyone a chance to fix this or acknowledge and apologize.

The only thing I would suggest changing is the part about…. “in the eyes of Florida I own this contract”

I don’t think that’s an matter of opinion based on one parties’ perspective and Disney could counter you don’t.
It is is legally your contract so I would say so more firmly, maybe attach a copy of the deed or paperwork?

"I am the legal owner and holder of title" might be a good option.

 

[RoseGold]

I would send the email and pick up the phone. Disney needs to fix this.

I would also demand whatever documentation was send directly to Disney.

You are much nicer than I would be in this situation. I would say straight up I don't consent to anyone using my points and demand access to my account right now.

 

[DonMacGregor]

I would send the email and pick up the phone. Disney needs to fix this.

I would also demand whatever documentation was send directly to Disney.

You are much nicer than I would be in this situation. I would say straight up I don't consent to anyone using my points and demand access to my account right now.

Exactly. At this point it's like me selling you a car outright, then deciding to keep a spare key and continuing to stop by your house to use the car for a couple of extra months (I do love my analogies).