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

[MamaBelle4]

At this point, it would seem your recourse would be to email the broker one more time. I would email them and say if this is not completely resolved and I do not have access into my account within the next 24 hours, I will have no choice but the file a complaint with the attorney general in my state, in the state of florida, and to contact my attorney to see what the next steps are. I am not sure if the next steps would be a lawsuit or filing criminal charges, because you own the contract according to the State of Florida so by refusing you access to your contract they are, in a very real sense, stealing from you.

Sorry for any typos, I will fix it when I get home I'm doing voice to text.

 

[pianomanzano]

At this point, it would seem your recourse would be to email the broker one more time. I would email them and say if this is not completely resolved and I do not have access into my account within the next 24 hours, I will have no choice but the file a complaint with the attorney general in my state, in the state of florida, and to contact my attorney to see what the next steps are. I am not sure if the next steps would be a lawsuit or filing criminal charges, because you own the contract according to the State of Florida so by refusing you access to your contract they are, in a very real sense, stealing from you.

Sorry for any typos, I will fix it when I get home I'm doing voice to text.

OP gave enough chances for the broker to respond and it seems the broker’s “strategy” is to ignore and wait for the reservation to hopefully go as planned. I’d be filing the complaint right now, it’s a shame we can’t just out this broker since it’s not the first time something like this has happened (based on earlier posts in this thread). I’d think twice and would want to seen screenshots/proof of points if I ever decide to buy from them.

 

[BruinEd03]

Remind me on any more purchases that I need to get it spelled out in writing if there is any delay in the transfer of ownership.

Here’s the info to file complaints for time shares. You can even call:

http://myfloridalegal.com/pages.nsf/main/9161973ee14fdb1a85256cc900600947!opendocument

 

[Robbie Cottam]

Except the Title companies don’t notify MA that there will be a delayed closing ahead of time except during ROFR.

They simply don’t close the contract until after the trip..i have done 4…MA was notified that the contract changed hands after it closed.

I think what happened is that the delayed closing got missed, title company closed the contract because they were not aware as paperwork didn’t include it, sent it to MA, and then it was caught when MA saw the trip, contacted title company or broker and it was decided to hold off the transfer.

We can agree to disagree.

The op has said a few times that nothing in her paperwork said anything about a delayed closing.


And if I’m not mistaken you don’t pay until the actual closing date.
This isn’t a delayed closing that simple got missed.

 

[Robbie Cottam]

This is just a classic response. We know that people are getting ownership transferred in 7-10 days so that 60 day response is ridiculous. I'm on day 15 of waiting on my membership account to be setup and I'm getting nervous that there is something with my contract that is holding it up.... ugh... Thanks for keeping us updated on the info you're getting.

I will say i recent did a transfer for someone and it was 4 weeks. That was a very simple transfer too. However, they did one for me in minutes To make life easier on them.

 

[Suzabella]

Report him to the Florida Real Estate Commission

Something ..ok several things...about this have been bothering me. I'd be interested to know the name on that reservation. (I know there's no way DVD will disclose). I'm just wondering if someone that the broker/agent/agency knows might be taking a vacation on those points since seller didn't disclose.

I wouldn't be surprised.

 

[Sandisw]

We can agree to disagree.

The op has said a few times that nothing in her paperwork said anything about a delayed closing.


And if I’m not mistaken you don’t pay until the actual closing date.
This isn’t a delayed closing that simple got missed.

The OP has already confirmed with MA that they received the paperwork that the contract had closed, went to transfer and noticed the reservation. They contacted the broker to inquire why there was still a reservation and the broker asked them to not transfer until after that was done…so now MA won’t do it.

The OP also pay end of April, so it indeed did get missed. As you said, with delayed closing buyer does not pay until the contract Is close to closing…and closing documents don’t come until a few weeks before a trip is happen.


So, someone messed up because there was nothing indicating a delayed closing or they title company would have held documents until June…they didn’t, they collected funds, paid the seller, snd closed the deal. That is not the way it works.

Either the seller didn’t disclose it, moved it to later at some point hoping it wouldn’t impact things or the broker/title company failed to disclose it not only to the buyer, but proceeded to close the contract anyway.
.

 

[hglenn]

I will say i recent did a transfer for someone and it was 4 weeks. That was a very simple transfer too. However, they did one for me in minutes To make life easier on them.

Well I will be super bummed if it takes 4 weeks. I did get to speak with someone today who said she would check to see if they even had it yet but did confirm that my name was not in the system....

 

[Robbie Cottam]

Well I will be super bummed if it takes 4 weeks. I did get to speak with someone today who said she would check to see if they even had it yet but did confirm that my name was not in the system....

Sorry, considering half of the department is still working from home I thought 4 weeks was pretty good.

 

[Robbie Cottam]

HOME RESORT RULES AND REGULATIONS

These happen to be for SSR but I believe they are boiler plate for the OG 14 resorts.
If that statement is incorrect, i would be happy for someone to correct my knowledge.

Section I, paragraph 7.
7. Club Member or Member shall mean the owner of record of an Ownership Interest.

Section II, paragraph 7
7. Increasing Annual Home Resort Vacation Point Allotment with Additional Ownership Interests. Club Members may permanently increase their annual allotment of Home Resort Vacation Points by purchasing an Additional Ownership Interest, or “Add-On.”

Section III, paragraph 2, 2(a)

2. Types of Club Members and Who Can Make a Reservation.
a. A “Purchaser” is any person who is named on the deed conveying the Ownership Interest. Purchasers are also referred to as “Club Members.” The Primary Purchaser is the first person named on the deed. All financial information pertaining to the Club membership, including Annual Dues statements and Form 1098 (reporting mortgage interest), will be mailed to the Primary Purchaser. To designate a different Primary Purchaser, a request must be submitted to Membership Administration and must be signed by all Purchasers. All Purchasers have equal ownership rights to make reservations and all Purchasers receive DVC Membership Identification in form of a physical card or digital identification based on their purchase.

Ok so the OP is the owner of Record. There was an offer, acceptance, consideration, meeting of the minds. I agree the meeting is a little fuzzy, but that is what that paragraph 12 is for in the sale contract. If paragraph 12 included the line “deed will transfer after completion of a July 8th, 2022 vacation, i would feel differently.

The OP was the buyer made an offer, and paid the consideration. The seller accepted the offer, and the consideration.

Both parties agreed to the terms. From what we are being told, and I have NO reason to believe we are being mislead, those terms were the seller would pay the fees for 22 and 23 use year and that there were no points available until 2024.

The deal closed and title transferred. Seller received the proceeds, Buy received a deed.

Section III, Paragraph 2 the OP is the “Club Member”

OP should have access the membership and be able to book the reservation with borrowed 2024 points.

The only reason this can’t happen is because the change of ownership form was filed out differently that the sales agreement.

Have it been filed out correctly the vacation in question would have been canceled and the transfer completed.

Was this an oversight or a deliberate act? That is really the only question here.

Since the contract closed, money was paid and the deed transferred, I’m leaning towards the later. Had the money still been held in escrow, and the deed still in the previous owners name, then I would be t.hi king oversight.


https://disneyvacationclub.disney.g...lations/Home-Resort-Rules-and-Regulations.pdf

 

[Sandisw]

HOME RESORT RULES AND REGULATIONS

These happen to be for SSR but I believe they are boiler plate for the OG 14 resorts.
If that statement is incorrect, i would be happy for someone to correct my knowledge.

Section I, paragraph 7.
7. Club Member or Member shall mean the owner of record of an Ownership Interest.

Section II, paragraph 7
7. Increasing Annual Home Resort Vacation Point Allotment with Additional Ownership Interests. Club Members may permanently increase their annual allotment of Home Resort Vacation Points by purchasing an Additional Ownership Interest, or “Add-On.”

Section III, paragraph 2, 2(a)

2. Types of Club Members and Who Can Make a Reservation.
a. A “Purchaser” is any person who is named on the deed conveying the Ownership Interest. Purchasers are also referred to as “Club Members.” The Primary Purchaser is the first person named on the deed. All financial information pertaining to the Club membership, including Annual Dues statements and Form 1098 (reporting mortgage interest), will be mailed to the Primary Purchaser. To designate a different Primary Purchaser, a request must be submitted to Membership Administration and must be signed by all Purchasers. All Purchasers have equal ownership rights to make reservations and all Purchasers receive DVC Membership Identification in form of a physical card or digital identification based on their purchase.

Ok so the OP is the owner of Record. There was an offer, acceptance, consideration, meeting of the minds. I agree the meeting is a little fuzzy, but that is what that paragraph 12 is for in the sale contract. If paragraph 12 included the line “deed will transfer after completion of a July 8th, 2022 vacation, i would feel differently.

The OP was the buyer made an offer, and paid the consideration. The seller accepted the offer, and the consideration.

Both parties agreed to the terms. From what we are being told, and I have NO reason to believe we are being mislead, those terms were the seller would pay the fees for 22 and 23 use year and that there were no points available until 2024.

The deal closed and title transferred. Seller received the proceeds, Buy received a deed.

Section III, Paragraph 2 the OP is the “Club Member”

OP should have access the membership and be able to book the reservation with borrowed 2024 points.

The only reason this can’t happen is because the change of ownership form was filed out differently that the sales agreement.

Have it been filed out correctly the vacation in question would have been canceled and the transfer completed.

Was this an oversight or a deliberate act? That is really the only question here.

Since the contract closed, money was paid and the deed transferred, I’m leaning towards the later. Had the money still been held in escrow, and the deed still in the previous owners name, then I would be t.hi king oversight.


https://disneyvacationclub.disney.g...lations/Home-Resort-Rules-and-Regulations.pdf

Exactly, which is why the OP should not have to wait. Hopefully they will use this language to share with MA to get them to get them the contract.

 

[Cleeevus]

What a nightmare to be dealing with! This is straight from DVD - it is their ROFR waiver. It clearly states the steps to be done prior to and after closing and says points remaining in the account after closing are to be transferred to the buyer. I would cite this form, their own rules, and demand they make this right asap.

 

[bcuinohio]

That happened to me but the seller stated the closing date on the listing. We bought in Jan 2020. Seller wasn’t able to make their trip due to the resorts being closed. I got a bonus of about 115 points when it transferred in May 2020.

 

[Robbie Cottam]

What a nightmare to be dealing with! This is straight from DVD - it is their ROFR waiver. It clearly states the steps to be done prior to and after closing and says points remaining in the account after closing are to be transferred to the buyer. I would cite this form, their own rules, and demand they make this right asap. View attachment 675178

Seems pretty cut and dry to me.
The sale closed, the title changed hands.
OP should now be the “member”.
The seller needs to take it up with their broker.
The only reason it is listed as pending is some filed the paperwork with MA with the wrong date on it.

 

[Paul Stupin]

Maybe the seller should contact the broker’s boss, if said broker does not own the company that sold him the contract.

 

[RoseGold]

@cleevus got it. It’s Disney’s own rules.

 

[Deeleebaker]

Isn’t this what title insurance is for? Why does the broker have standing?

 

[Robbie Cottam]

Isn’t this what title insurance is for? Why does the broker have standing?

Title insurance is in case there is a lien on the title, that no one picked up on.

 

[sethschroeder]

The response was they would have to check with the Broker at that time to cancel or allow the reservation to extend.

I would say this is unacceptable. What does the broker have to do with any of this at this point.

It's your contract.

I would ask for the paperwork and you will email them everything back they need to finish this.

 

[sethschroeder]

The OP wants to be nice.

That's fine but think about it this way. Not holding the broker and Disney accountable insures this can easily happen again.

If the OP wants to be nice they need to think about it from the position of others who might get screwed over in the future.