ROFR Thread April to June 2022 *PLEASE SEE FIRST POST FOR INSTRUCTIONS & FORMATTING TOOL*

[Mexacajun]

Has your broker checked on it? My broker checked on mine yesterday since it was beyond 30 days and we got the "pass" email later in the afternoon....

I am on 44. I email them daily. I am sure they are tired of seeing my emails.

 

[CaptainAmerica]

one would expect Captain America to do the same?

Captain America likes to be reimbursed for ATM fees.

 

[BeachClub2014]

one would expect Captain America to do the same?

Nicely done!

 

[mejones1115]

I am on 44. I email them daily. I am sure they are tired of seeing my emails.

I emailed them last week and again this week. Today is day 43 for us. And the response I got is that Disney has slowed to 35-45 days. Even though I had out in the email that our other contract that we submitted on the 28th had already passed. It's so frustrating. Our second contract was only for an extra 50 points so that doesn't do too much without a big contract since this is our first time with DVC. Hopefully we'll hear soon but I'm not counting on it.

 

[RamblinWreck]

If Disney is going to start slowing to 35+ days, someone should try insisting that the contract not get sent to Disney for ROFR until there is only 31 days left until the closing date.

Don't you only have to give them 30 days?

 

[jessica9785]

Has your broker checked on it? My broker checked on mine yesterday since it was beyond 30 days and we got the "pass" email later in the afternoon....

I sent an email to the concierge team yesterday and got “hang in there”.

 

[mejones1115]

I sent an email to the concierge team yesterday and got “hang in there”.

We've done that already and we're past the point of hanging in there.

 

[Ruttangel]

I think I’m now in 40+ day club, ive gone past stage 1. EXCITED! past stage 2 Disappointed to Stage 3 Carefree and a little bit delirious

 

[mejones1115]

I just got another response from our concierge saying they have over 60 contracts over 30 days now.

 

[jessica9785]

We've done that already and we're past the point of hanging in there.

Amen

 

[kkediana]

kkediana---$115-$28005-220-OKW-Sep-46/20, 220/21, 220/22, 220/23- sent 4/24

 

[Sandisw]

If Disney is going to start slowing to 35+ days, someone should try insisting that the contract not get sent to Disney for ROFR until there is only 31 days left until the closing date.

Don't you only have to give them 30 days?

Yes they need at least 30 days. But as a seller, I’d never agree to that because as soon as that date passes buyers can walk.

 

[RamblinWreck]

Yes they need at least 30 days. But as a seller, I’d never agree to that because as soon as that date passes buyers can walk.

If Disney didn’t get it back to you by the closing date, wouldn’t you then have recourse against them?

I’m sure you wouldn’t want to have to do that. But from a hypothetical standpoint.

 

[CaptainAmerica]

If Disney is going to start slowing to 35+ days, someone should try insisting that the contract not get sent to Disney for ROFR until there is only 31 days left until the closing date.

Don't you only have to give them 30 days?

Yes they need at least 30 days. But as a seller, I’d never agree to that because as soon as that date passes buyers can walk.

I think what @RamblinWreck is saying is that if Disney doesn't respond in 30 days and the contract closing date hits, you can close even without having heard on ROFR. It's basically deemed to have passed.

But I don't think any of the brokers would actually let you do this.

 

[christophles]

christophles---$130-$6207-40-SSR-Aug-0/21, 80/22, 40/23- sent 4/26

 

[rollnstns]

I think what @RamblinWreck is saying is that if Disney doesn't respond in 30 days and the contract closing date hits, you can close even without having heard on ROFR. It's basically deemed to have passed.

But I don't think any of the brokers would actually let you do this.

30 days is not set in stone. Disney does not have to decide ROFR by 30 days.

 

[RamblinWreck]

30 days is not set in stone. Disney does not have to decide ROFR by 30 days.

And I believe what he is saying that you don't have to allow Disney to take more than 30 days, if your closing date has arrived.

 

[RamblinWreck]

I think what @RamblinWreck is saying is that if Disney doesn't respond in 30 days and the contract closing date hits, you can close even without having heard on ROFR. It's basically deemed to have passed.

But I don't think any of the brokers would actually let you do this.

This sounds vaguely familiar.

Back when I was buying my first contract, Disney was frustrating a lot of people with going well past 30 days.

I actually did convince a broker to draft up a closing date that was only 30 or so days out, based on the things that I was reading here about how it would work. I ended up having to bail on that contract though, so we never actually sent it to ROFR at all.

 

[CaptainAmerica]

30 days is not set in stone. Disney does not have to decide ROFR by 30 days.

That is not correct. This is a common misconception.

Closing must be set at least 30 days out from the date the contract is submitted to ROFR. Disney can choose to exercise ROFR any time from the day it's submitted until the closing date. If you set closing 30 days out, Disney has 30 days. If you set closing 90 days out, Disney has 90 days. Disney is not under any obligation to affirmatively waive ROFR, nor is a seller obligated to wait for a waiver of ROFR to close. As long as the seller gives Disney at least 30 days notice, and Disney does not exercise ROFR in that time (regardless of whether they affirmatively say "we're not taking it" or if you just never hear from them), the seller is free to close.

 

[jessica9785]

I just hot another response from our concierge saying they have over 60 contracts over 30 days now.

I think what @RamblinWreck is saying is that if Disney doesn't respond in 30 days and the contract closing date hits, you can close even without having heard on ROFR. It's basically deemed to have passed.

But I don't think any of the brokers would actually let you do this.

That’s interesting

That is not correct. This is a common misconception.

Closing must be set at least 30 days out from the date the contract is submitted to ROFR. Disney can choose to exercise ROFR any time from the day it's submitted until the closing date. If you set closing 30 days out, Disney has 30 days. If you set closing 90 days out, Disney has 90 days. Disney is not under any obligation to affirmatively waive ROFR, nor is a seller obligated to wait for a waiver of ROFR to close. As long as the seller gives Disney at least 30 days notice, and Disney does not exercise ROFR in that time (regardless of whether they affirmatively say "we're not taking it" or if you just never hear from them), the seller is free to close.

that makes sense! When I asked the concierge team what’s the longest Disney has to make a decision (60 days?), I was told “they have until the closing date”.