ROFR question

[thegortons]

I have found a DVC points contract for sale that I am interested in, but I know the asking price is below the price at which Disney would take it. My question is:

If I make a higher offer for the DVC points PLUS another item (Item X), would Disney still take the points because the value of the points portion of the deal is still below the ROFR line? Also, if Disney decided to ROFR this "package deal", would the seller be contractually obligated to provide Item X to Disney or would Item X still come to me?

Hope that made sense...
Lloyd

 

[RobDoc]

ROFR allows Disney the option of purchasing the contract at the same terms already agreed to in the offer. If you offer $xxx for the contract and item X- Disney would get the same things for $xxx.

It will still depend on the amount of the offer, the resort involved and probably the current number of members on the waitlist for add-ons.

 

[dianeschlicht]

So is "item X" part of the DVC?

 

[Dean]

I don't know what the legal answer is for the state of FL for certain but my feel is that Disney would have to match the exact offer. Having said that, I've actually been there. It was a direct swap of timeshares and the payment was the other person's timeshare and vice versa. DVC came back and asked us to put a value instead. I concidered holding their feet to the fire to see what would happen but decided to place a value on each that was high enough to get by ROFR but fair. While you might get by with this, I doubt the seller would be willing to go through the extra wranglings to make it happen.