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

[Sandisw]

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 think I was more referring that they don’t hAve anything to do to help with the resolution so continuing to wait for their answers isn’t going to do anything since their position is it will close later.

Contacting MA directly is the only thing at this point will get things moving.

 

[DonMacGregor]

I think I was more referring that they don’t hFe anything to do to help with the resolution so continuing to wait for their answers isn’t going to do anything since their position is it will close later.

Totally understand. Just don't want OP letting them wriggle out of this.

 

[Sandisw]

Totally understand. Just don't want OP letting them wriggle out of this.

Oh for sure! They need to know OP is pushing the issue with MA and requesting it move forward. And then do what needs to be done to hold them accountable for the screw up…and to be honest, the seller may need to as well.

 

[disneyland_is_magic]

I also want to say that I think it’s good you mentioned you own other contracts.

It shows you know the drill and they can’t fool a veteran DVC members and they can’t run down the clock with excuses about setting you up as a new member causing unusual delays.

It also speaks to an existing member getting the customer service they deserve. This isn’t a cold call, type email, this is a DVC member contacting them.

 

[DonMacGregor]

Oh for sure! They need to know OP is pushing the issue with MA and requesting it move forward. And then do what needs to be done to hold them accountable for the screw up…and to be honest, the seller may need to as well.

Anyone and EVERYONE who was a party to the sales agreement.

Is there a forum rule against the OP downloading a copy of their title and sales agreement and posting them as an image here, so as to remove any doubt from the conversation regarding the actual terms of sale? Obviously redacted as thoroughly as necessary to ensure the privacy of the actual parties, etc. (The title document, at least, is in the public domain and accessible by anyone anyway.)

Or, maybe less controversially just the paragraph cropped from the sales agreement defining the terms of sale.

 

[RamblinWreck]

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.

LOL

Fair enough! But while it may be the only one that matters to you, it’s not always the only one that matters in the eyes of the law.

I just think if you only specify writing, and specifically call it out that way, someone who doesn’t have your interests at the forefront could conclude that you just admitted to agreeing to it verbally.

I don’t like to leave anything up to interpretation.

 

[Sandisw]

Anyone and EVERYONE who was a party to the sales agreement.

Is there a forum rule against the OP downloading a copy of their title and sales agreement and posting them as an image here, so as to remove any doubt from the conversation regarding the actual terms of sale? Obviously redacted as thoroughly as necessary to ensure the privacy of the actual parties, etc. (The title document, at least, is in the public domain and accessible by anyone anyway.)

Or, maybe less controversially just the paragraph cropped from the sales agreement defining the terms of sale.

Posting terms from a contract would not violate any boards rules, but not sure I’d do it.

 

[cmarsh31]

Interestingly, I had a non-disclosed delayed closing last year as well. The seller apparently "forgot" about a reservation made with the contract (seemed to be a rental, not a personal reservation). It was right at the end of the MS covid shut down - my best guess, seller had mistakenly thought that ROFR would take longer and the contract wouldn't close before the reservation. He gambled and lost. I found out before the closing though. I refused to pay the "administration fee". The broker & seller split it or something. I didn't care, I wasn't paying for it. They didn't do their job. I also refused to send in my payment until the reservation took place, so they weren't holding my $$$ in escrow for months.

 

[robinb]

Posting terms from a contract would not violate any boards rules, but not sure I’d do it.

I definitely wouldn't do it just to satisfy some DISer's curiosity. I trust that the OP can read the contract that they signed and relate its contents to us accurately.

 

[DonMacGregor]

LOL

Fair enough! But while it may be the only one that matters to you, it’s not always the only one that matters in the eyes of the law.

I just think if you only specify writing, and specifically call it out that way, someone who doesn’t have your interests at the forefront could conclude that you just admitted to agreeing to it verbally.

I don’t like to leave anything up to interpretation.

I absolutely understand where you're coming from and we're on the same page. I'm just focusing on the fact that a written contract does exist, and that that document defines the terms of sale. I'm pretty sure that in Florida, property transactions must be in writing, and in other circumstances oral agreements are only acceptable in lieu of a written contract, not in conjunction with or as an addendum to a written agreement.

We're definitely preaching to the same congregation, and you're right that you can't be too careful. I put many real estate agents one rung up from used car salesmen and personal injury/accident lawyers.

 

[DonMacGregor]

Posting terms from a contract would not violate any boards rules, but not sure I’d do it.

I was thinking, in retrospect, that just the paragraph cropped from the agreement might be helpful, but it's certainly a slippery slope.

 

[JGINPL]

Interestingly, I had a non-disclosed delayed closing last year as well. The seller apparently "forgot" about a reservation made with the contract (seemed to be a rental, not a personal reservation). It was right at the end of the MS covid shut down - my best guess, seller had mistakenly thought that ROFR would take longer and the contract wouldn't close before the reservation. He gambled and lost. I found out before the closing though. I refused to pay the "administration fee". The broker & seller split it or something. I didn't care, I wasn't paying for it. They didn't do their job. I also refused to send in my payment until the reservation took place, so they weren't holding my $$$ in escrow for months.

how did you catch they had a pending reservation?

Below is the part from the contract about the closing.
4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and the closing documents required to be furnished by each party pursuant to this Contract within 65 days of the 'Effective Date". This Contract shall be deemed closed upon performance by Seller & Buyer of all obligations under the Contract and a determination by the Escrow Agent that (a) Title is insurable and/or timeshare is transferable in accordance with the contract (b) The closing documents have been correctly executed and returned to the Escrow Agent.

 

[DonMacGregor]

I definitely wouldn't do it just to satisfy some DISer's curiosity. I trust that the OP can read the contract that they signed and relate its contents to us accurately.

No argument there. There sure are a whole load of "I can't believe that is what happened" and "are you sure there's no delayed closing in the contract" posts further upthread however.

It would, at the very least, help in providing some more accurate suggestions as to how to phrase any communications, and possibly help to close any doors any other parties may try to sneak through. OP came asking for advice (100% non-legal, of course), it certainly wouldn't be to satisfy any passing curiosity.

Simply re-typing the language would suffice.

 

[DonMacGregor]

how did you catch they had a pending reservation?

Below is the part from the contract about the closing.
4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and the closing documents required to be furnished by each party pursuant to this Contract within 65 days of the 'Effective Date". This Contract shall be deemed closed upon performance by Seller & Buyer of all obligations under the Contract and a determination by the Escrow Agent that (a) Title is insurable and/or timeshare is transferable in accordance with the contract (b) The closing documents have been correctly executed and returned to the Escrow Agent.

Thanks for that. What does the paragraph defining the number of points included in the contract, and their availability state?

 

[JGINPL]

Thanks for that. What does the paragraph defining the number of points included in the contract, and their availability state?

12. SPECIAL CLAUSES/MISCELLANEOUS ITEMS: Both the Buyer and Seller agree to the additional provisions listed below, not stated elsewhere in the contract: The Seller has accepted the $XXX per point offer Seller will pay the 195 Admin fee Seller will pay the M/F for the balance of 2022 (he pays monthly) Seller will pay the M/F for 2023


Points Status Year 1: 2024 Points 1: 25 Year 2: 2025 Points 2: 25 Year 3: 2026 Points 3: 25 PLEASE take note, points are not available till 2024 1st Available Usage: 2024

 

[Suzabella]

Interestingly, I had a non-disclosed delayed closing last year as well. The seller apparently "forgot" about a reservation made with the contract (seemed to be a rental, not a personal reservation). It was right at the end of the MS covid shut down - my best guess, seller had mistakenly thought that ROFR would take longer and the contract wouldn't close before the reservation. He gambled and lost. I found out before the closing though. I refused to pay the "administration fee". The broker & seller split it or something. I didn't care, I wasn't paying for it. They didn't do their job. I also refused to send in my payment until the reservation took place, so they weren't holding my $$$ in escrow for months.

Administration Fee? Guess this isn't the first time this Broker has pulled this stunt. Given that, this just got a lot more serious. This isn't an 'oops'. It's a pattern of behavior.

 

[MamaBelle4]

Seller will pay the M/F for the balance of 2022 (he pays monthly) Seller will pay the M/F for 2023

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?

 

[JGINPL]

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?

Closing and everything has already taken place. Disney has all funds for escrow for 2022. I got a credit back for 2023, but will have to make the payments next year. So everything should be fine on that end.

 

[MamaBelle4]

Closing and everything has already taken place. Disney has all funds for escrow for 2022. I got a credit back for 2023, but will have to make the payments next year. So everything should be fine on that end.

Okay good. I guess the "he pays monthly" wording was just confusing to me.

 

[DonMacGregor]

Okay good. I guess the "he pays monthly" wording was just confusing to me.

Pretty sure it just meant that the 2022 fees were not paid in full in January due to monthly payments, and that there was a prorated amount still due (total minus the monthly payments made through closing) that would instead be paid in full by the seller.