I think it's calendar days. Our contract was submitted on Jan 18th, and we heard back yesterday.
This is a common misperception with DVC ROFR. While in function it may be 30 days, there's no requirement of 30 days and done. The requirement is to give them AT LEAST 30 days before closing. In theory they could step in after 30 days if they wanted. Also, there is no requirement to have or record the ROFR though it's prudent to do so.My resale contract went to ROFR on Jan 24th -
Is the 30 day countdown business days or calendar days ?
I'm thinking I should know something a week from now ?? I Hope![]()
In theory they could step in after 30 days if they wanted. Also, there is no requirement to have or record the ROFR though it's prudent to do so.
While I'm not aware of them exercising their ROFR after 30 days and depending on the listed closing date, they could take 35 days and then take it if they wanted as I read the POS requirements. That's why I'd consider setting a closing date as close to 30 days as feasible, possibly with an automatic extension if needed (which they commonly do anyway).So they could take 35 days if they wanted or whatever ??
I have 8 more days of waiting!!!!
This is a common misperception with DVC ROFR. While in function it may be 30 days, there's no requirement of 30 days and done. The requirement is to give them AT LEAST 30 days before closing. In theory they could step in after 30 days if they wanted. Also, there is no requirement to have or record the ROFR though it's prudent to do so.
Exactly. The wording requires you give them at least 30 days and is vague after that.In the Preamble to the BLT Declaration of Condominium, section 13.1 states that owners wishing to sell their ownership interest must notify DVD in writing no less than 30 days before the proposed closing date. However,
If DVD fails to notify the Owner or Cotenant of its election to exercise its right of first refusal prior to the proposed closing date, then the Owner or Cotenant may proceed to close on the transaction with such bona fide third party.
Although this language is taken from the BLT Declaration, I am sure that it is present in the Declarations of all DVC resorts.
Technically you might be right, Dean, that DVD could step in 35 days after the deed is submitted. The language in Section 13.1 implies that DVD could step in at any time prior to the proposed closing date and buy back the deed. But at the same time, a buyer and seller could go to closing on the 31st day and preclude DVD from dragging out the ROFR period.
We're right with you Laura-K,
Our Realtor said he had sent the contract to ROFR on 1/23, that was a Sunday so I assume 1/24 would be the official date. I am ready to hear back and get the next part of the process under way! It should be any day now......
Fingers crossed for the both of us!
Fingers crossed XXX
What did you Buy ??