ROFR Riviera Should Carry Restrictions

[Dis_Ron]

I wonder if there are any lawyers out there with interest in DVC and time share experience that have thoughts on the Riviera ROFR. It seems really unfair if Disney can buy back Riviera contracts resale and not have to keep the resale restrictions. Might be a case there to force Disney to either accept the same resale restrictions or change the contracts to remove the resale restrictions for everybody.

 

[Sandisw]

The RIV contract is very clear that the resale restrictions do not apply to DVD in anyway.

So, it’s been built into the contract already to exempt them.

There are things in all the resort contracts that exempt DVD or DVC that owners can’t do.

 

[Tumnus]

Disney built the thing, they can absolutely have different rules than me, I'm 100% on board with that.

 

[Dis_Ron]

It just seems like market manipulation to me. They can drive down the resale price and then resale it higher because the restrictions don’t apply to them. It’s taking money from people who need to sell their contracts.

It is analogous to Apple only allowing the apps that come with the iPhone if you resell it, but if they resell it, it can have all the apps again.

 

[Dis_Ron]

The RIV contract is very clear that the resale restrictions do not apply to DVD in anyway.

So, it’s been built into the contract already to exempt them.

There are things in all the resort contracts that exempt DVD or DVC that owners can’t do.

Newbie here, what are some other examples of this (that add restrictions on resale)?

 

[Herding_Cats]

Newbie here, what are some other examples of this (that add restrictions on resale)?

DVC/DVD can ROFR any contract and sell those points and the buyer can get the direct-purchase benefits (with whatever the minimum number of points to get said benefits are)

They can buy back OKW 2042 and sell them as 2057 (OKW-extended)

 

[stat]

DVC/DVD can ROFR any contract and sell those points and the buyer can get the direct-purchase benefits (with whatever the minimum number of points to get said benefits are)

They can buy back OKW 2042 and sell them as 2057 (OKW-extended)

I've read they can also change the use year.

 

[Tumnus]

It just seems like market manipulation to me. They can drive down the resale price and then resale it higher because the restrictions don’t apply to them. It’s taking money from people who need to sell their contracts.

It is analogous to Apple only allowing the apps that come with the iPhone if you resell it, but if they resell it, it can have all the apps again.

It's their market, they can do whatever they want. They can claim every single one and resale at 500 a point only with no exceptions if they want.

 

[AstroBlasters]

I wonder if there are any lawyers out there with interest in DVC and time share experience that have thoughts on the Riviera ROFR. It seems really unfair if Disney can buy back Riviera contracts resale and not have to keep the resale restrictions. Might be a case there to force Disney to either accept the same resale restrictions or change the contracts to remove the resale restrictions for everybody.

They set the rules before it went on sale and everyone who purchased direct and resale signed a document stating that they understood and agree to the terms and conditions.

 

[Sandisw]

Newbie here, what are some other examples of this (that add restrictions on resale)?

Some of the different rules for DVD, aside from resale restrictions, is no rule against commerical use of units like owners. They can transfer their own points to owners via OTU points as much as they want, where owners are restricted to one transfer in/out per UY.

As mentiioned, though, this was set up in the POS before anyone even bought, so we all bought knowing that ROFR doesn't force DVD to keep restrictions.

When they take back a contract, it gets dissolved, and the points simply go back into the bucket of points available for sale for that specfic unit.

 

[davper]

Just out of curiosity, How does DVD handle contracts with stripped points that the take during ROFR?

 

[Sandisw]

Just out of curiosity, How does DVD handle contracts with stripped points that the take during ROFR?

The contract is dissolved and those points..that still existed go back into the unit for future sales.

So, if there are no 2025 points when the contract is bought make, no 2025 points are added…and this DVDs would only be able to sell with 2025 based on what they already had.

This is also why changing UY can’t always happen because it depends what points are still in the units “bucket” for what is needed.

 

[Dis_Ron]

DVC/DVD can ROFR any contract and sell those points and the buyer can get the direct-purchase benefits (with whatever the minimum number of points to get said benefits are)

They can buy back OKW 2042 and sell them as 2057 (OKW-extended)

Okay thank you. I was familiar with the benefits but those some unrelated to the actual using of the resort properties.

The OKW extension sounds fishy unless they are somehow paying what the members would have paid to get the original extension. In form of a discount on the price or something.

 

[Dis_Ron]

To those using the argument it’s in the contract and say it’s fine, just because something is in a contract doesn’t mean it would hold up if challenged in court.

This could result in a large class action lawsuit in favor of all the owners at Riviera and other resort that have this.

 

[TDK44]

To those using the argument it’s in the contract and say it’s fine, just because something is in a contract doesn’t mean it would hold up if challenged in court.

This could result in a large class action lawsuit in favor of all the owners at Riviera and other resort that have this.

I'm no lawyer, but I'm pretty positive this wouldn't even make it to court...