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

[JGINPL]

I know you have already sent this, but I wanted to just chime in here for something to keep in mind as you move forward.

You used a LOT of very passive language. Passive language is almost never going to inspire anyone to take you seriously or actually get anything done.

I've been following this saga since the beginning and know how much its been bothering you and how worried you are about it affecting your plans. Even though I know this, when I read your draft, I got the impression you didn't really care that much.


Don't be afraid to tell it like it is! You can be both direct and tactful at the same time.

"I was going to be borrowing some points to make the reservation" sounds a lot less serious than "I intend to borrow some of the points on this contract to make a reservation. The 7 month window for this reservation opens on XX/XX/XXXX so I need these points to be available by that date."


"Please clarify DVC's stance on" sounds a lot less serious than "Per the terms in the attached paperwork, I insist that DVC follows through with the transfer of this contract which I now legally own. If DVC refuses to do so, I need a detailed written explanation as to why."

Go get em!

Thanks I like this, I will use some of this language if I do not hear back.

 

[JGINPL]

You should make a complaint against their license. I'd also loop in their leadership because the agent is working under one of the brokers licenses and they will be very motivated to fix this quickly.
https://www.myfloridalicense.com/licenseRelation.asp?SID=&licid=3870902

Thanks for this advice, I'm reaching out to a Vice President of the Broker to try to get some more answers as well.

 

[Straulin]

Being Broker has stopped responding, and I know what MA is telling me this is the draft of the email I will be sending to Bill:

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 XXXXXX.XXX 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, (This will be my 6th contract) 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. There was no disclosure regarding an outstanding reservation or delayed closing delineated in the sales agreement (From Broker) , nor did I agree to either condition in writing. Broker will not return my emails about this issue. When speaking to the nice gentleman at Member Administration he stated that Broker was made aware of the reservation and told not to transfer the contract until the reservation ended. Again, this wasn't disclosed so I'm very disappointed. Failure to transfer this has interfered with my planned usage of my ownership. 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 I own this contract.

Please clarify what DVC is doing to prevent the seller from extending their vacation or editing the vacation to a later date. Please clarify what DVC is doing to prevent the seller from utilizing 2024 points now that they can be borrowed.

Please note if you can transfer the reservation out of contract so I can have immediate access to my membership contract.


I have attached the recorded deed for your reference, I have also added what the ROFR document states with regards to points:
View attachment 675266
Thank you for your prompt attention to the resolution of this matter.

Sincerely,

The transfer of ownership has already taken place. I would reword that section asking when the transfer of ownership will take place.

The MA rep portion I feel is missing something or misstates what you intended to say.

"When speaking to the nice gentleman at Member Administration he stated that Broker was made aware of the reservation and **told not to transfer the contract*** until the reservation ended."

I think the part in asterix was intended as something like **the broker asked not to transfer the contract**

You may want to be a bit more forceful at this point. As written it is more of a request than a demand.

 

[JGINPL]

The transfer of ownership has already taken place. I would reword that section asking when the transfer of ownership will take place.

The MA rep portion I feel is missing something or misstates what you intended to say.

"When speaking to the nice gentleman at Member Administration he stated that Broker was made aware of the reservation and **told not to transfer the contract*** until the reservation ended."

I think the part in asterix was intended as something like **the broker asked not to transfer the contract**

You may want to be a bit more forceful at this point. As written it is more of a request than a demand.

I appreciate this feedback and will have to wait to see if I get a response back as I already have sent the email.

 

[RoseGold]

I would pick up the phone again on Monday and straight up demand someone cancel the reservation. I would make it very clear you do not consent. Then I would put that in writing that Disney has refused to give you access and is allowing an unknown person to use your property without your consent.

Disney’s own ROFR form says those points are yours. I don’t understand why Disney won’t give them to you.

I think youve been too nice and left room for interpretation. I would be crystal clear that I want my contract and its points now, just like the ROFR form says. In writing and on the phone.

I’d also demand the name and address of the person who made an unatuthorized reservation on your account. I’d demand who gave authorization from the broker to make that unauthorized reservation. I doubt Disney will give it to you, but I would absolutely put in writing that they won’t even tell you who they are allowing to use your points or who “authorized” it.

Hell, I’d send a certified letter to DVC and I’d send it in chat to have a triple record.

I’d send another in two days and call it my second demand and so on.

I get that mistakes happen. But the way this has dragged and still isn’t fixed is completely unacceptable to me. This would be my new hobby.

 

[RoseGold]

OP you sound very nice. I get that you don’t want to ruin someone’s trip. But someone lied, and whoever that is caused all of this, not you. You didn’t make the rules. If they had told you straight up, everything would have been different. This shouldn’t be happening to anyone, and everyone involved knows it.

Everyone has had plenty of time to fix this or pay you or put them at all stars or whatever. There were a lot of solutions that could have been figured out by now. Instead they have talked circles and ghosted you. I’m really disappointed in Disney’s response in this. They are all hoping you will just go away. I hope you don’t. For all of us.

 

[disneyland_is_magic]

If Disney doesn’t move the membership, it sets a terrible precedent that former members can piggy back this way, cashing out and yet keep future ressies on file. It also damages their reputation that they not would necessarily honor a legal DVC ownership.

Yes the OP should keep pushing because it makes Disney look worse and worse for not honoring legal ownership. I think their requests are precise and show the unethical side of the other parties. Thousands of views are looking at this thread and the thoughtful and reasonable steps of the OP, just makes Disney look worse and worse.

 

[RoseGold]

I dug through my contracts, and this is in the "TIMESHARE USE CERTIFICATION AND INDEMNITY AGREEMENT" in the final closing documents. Granted, this is from several years ago, and maybe not even your title company.

"The Seller(s) hereby certify that they have not and will not exchange, bank or take any other action in connection with said unit or interest which would prevent the Buyer(s) from using the unit or interest for the current year and subsequent years."

I'd be looking for something similar and asking the title company/Disney about your awful trouble "using the unit."

 

[Theta]

... that Disney has refused to give you access and is allowing an unknown person to use your property without your consent.

^ This!!!

Damage to property while the unknown people are there? Who will be on the hook? We all know the answer to this question.

 

[Straulin]

I appreciate this feedback and will have to wait to see if I get a response back as I already have sent the email.

We officially closed on June 1st for our very first contract. The contract was empty for 2022 with any remaining points banked. I got the emails to setup our account two days ago. I called and told them we were trying to book a trip and they got our 2023, 2024, and 2025 points loaded into the account while I was on the phone. I booked a reservation this morning.

They definitely should of had yours fixed by now.

 

[Mike9865]

I appreciate this feedback and will have to wait to see if I get a response back as I already have sent the email.

You are far too polite and accommodating. In these situations being firm, decisive and clearly articulating your demand is the only way to achieve the desired outcome. You can't be half pregnant.

Instructing DVC to immediately assign ownership to you and cancel the reservation is the only outcome that aligns with the member documents and standard closing procedures. Laws and contracts exist for a reason. If the shoe were on the other foot, neither the broker nor DVC would be doing you any favors.

 

[RamblinWreck]

I appreciate this feedback and will have to wait to see if I get a response back as I already have sent the email.

Have you heard anything back yet?

If not, it might be half past time to go scorched earth!

 

[JGINPL]

I have not heard anything yet and am on a small vacation now. I will be calling within the next few days after I get back home.

 

[PIXIE FREAK]

I just got a closing notice email today on a resale DVC purchase. I'm told that it will be a minimum of 30 days for DVC member services to complete the transfer on their end. I'm not sure how long this will take in actuality. But, sounds like a very very slow process right now.

 

[JGINPL]

Senior MGMT from the broker reached out to me today. I sent my email to the gentleman to review and I told him my issues as info not being disclosed. He is going to do some digging and talk to Disney a little and reach back out to me with a resolution. . . .. hopefully

 

[Straulin]

I just got a closing notice email today on a resale DVC purchase. I'm told that it will be a minimum of 30 days for DVC member services to complete the transfer on their end. I'm not sure how long this will take in actuality. But, sounds like a very very slow process right now.

We closed on June 1st and had our account setup by June 9th. I called the next day and got the points loaded while on the phone. So all of them are not that slow.

 

[Robbie Cottam]

Senior MGMT from the broker reached out to me today. I sent my email to the gentleman to review and I told him my issues as info not being disclosed. He is going to do some digging and talk to Disney a little and reach back out to me with a resolution. . . .. hopefully

I hope this isn’t another delay tactic.

IMHO, I would be asking for compensation in access of their admin fee, I personally would be filing a complaint with the licensing board to help prevent this type of behavior in the future

 

[vicarrieous]

Senior MGMT from the broker reached out to me today. I sent my email to the gentleman to review and I told him my issues as info not being disclosed. He is going to do some digging and talk to Disney a little and reach back out to me with a resolution. . . .. hopefully

That resolution better be waiving some fees and an apology! Best of luck.

 

[Kjdisney]

We closed on June 1st and had our account setup by June 9th. I called the next day and got the points loaded while on the phone. So all of them are not that slow.

I just got a closing notice email today on a resale DVC purchase. I'm told that it will be a minimum of 30 days for DVC member services to complete the transfer on their end. I'm not sure how long this will take in actuality. But, sounds like a very very slow process right now.

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.

 

[Sandisw]

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.

The OP confirmed the contract closed early May. The title company always send the documents to MA once the closing happens. There is no delay.

MA will always say it can take longer to transfer the contract, but they do take place regularly within 30 days.

MA confirmed they received everything. It was then they noticed...not the broker or title company…that there was still a reservation on the contract when they went to do the transfer,

It was then the broker told them to please hold off to transfer until after the reservation.

Delayed closings don’t close early. They don’t actually close until the trip is over, and nothing is sent to MA until then. I have been through several. Deeds recorded after the trip.

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.