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

[Stargazer65]

This wouldn't hurt so bad if I hadn't just gotten the rug pulled out from under what would have been an amazing vanity post.

So did they accept first, and then decline and ghost you? What happened?

 

[CaptainAmerica]

So did they accept first, and then decline and ghost you? What happened?

Don't want to elaborate yet, it might not be dead.

 

[Ginamarie]

This wouldn't hurt so bad if I hadn't just gotten the rug pulled out from under what would have been an amazing vanity post.


Are there any legal ramifications to that? In "normal" real estate, if you make an offer that doesn't explicitly say "this expires on X date," and the seller accepts, you've got a contract.

You don’t have a contract without consideration. Offer and acceptance is not enough. (First semester law school stuff).

 

[CaptainAmerica]

You don’t have a contract without consideration. Offer and acceptance is not enough. (First semester law school stuff).

The consideration is "I give you dollars, you give me points." The consideration doesn't have to actually be exchanged to bind the parties.

 

[Sandisw]

This wouldn't hurt so bad if I hadn't just gotten the rug pulled out from under what would have been an amazing vanity post.


Are there any legal ramifications to that? In "normal" real estate, if you make an offer that doesn't explicitly say "this expires on X date," and the seller accepts, you've got a contract.

I know I made it part of my offer because I didn't want to wait. But, honestly, until both seller and buyer sign, nothing else counts. A seller can back out of a verbal acceptance at any time.

 

[Ginamarie]

The consideration is "I give you dollars, you give me points." The consideration doesn't have to actually be exchanged to bind the parties.

No signature, no consideration.

In NY, even if you sign a "binder" with a real estate agent, there's no contract yet. You have to sign actual contracts of sale for real estate. In FL, for a timeshare, you have to sign an agreement to purchase/sell.

 

[wnielsen1]

The consideration is "I give you dollars, you give me points." The consideration doesn't have to actually be exchanged to bind the parties.

I may give CaptainAmerica some consideration to negotiate the purchase of Aulani contracts on my behalf.

 

[hglenn]

Gosh - we haven't seen a ROFR response since Saturday... (one was posted Monday but it was from 4/28)... Is anyone still 30-40+ days waiting on a response? Perhaps there was just an influx of contracts submitted and they're catching up now?

 

[Chuckdlc]

Are there regular intervals at which disney sends out ROFR decisions? I realize that it use to be a much less relaxed 30 days which would've required them to address them daily. That said, with things being more relaxed now, does anyone know if they send decisions every Thursday or something like that?

Edit: I'm only on day 12 so I'm not anywhere near getting a decision yet.

 

[HIRyeDVC]

I don't think I like AUL subsidized. With the price premium, it could be 20 years before you break even.

Your point has merit, especially if there is a price difference of $30pp or more. I paid $125pp for mine. If I had bought a non-sub contract for $100pp, it would take me 11.6 years to make up for the difference in annual dues. Still worth it IMO. The biggest draw for me is the ability to sell it again. I don’t know about you but there are a TON of AUL listings in the market right now and I have no idea how sellers expect to sell them for what they’re listing. At least with a sub contract, it stands out more and is likely to sell faster. Just my take on it.

 

[HIRyeDVC]

They have different strategies when it comes to listing. I think when people are more in a rush to sell/need the cash, Fidelity suggests going in at a lower price. They also have never given me any issues with “lowball” offers and will at least present them. Resale Market has the most contracts on the market and probably gets the most internet traffic. They use that as a tool for sellers to say “you can do better.” I have encountered some good brokers there but also some whose tactics I don’t like.

At the end of the day some sellers don’t want to go below a certain price and others are happy to unload their contracts as quickly as possible. So sometimes the broker doesn’t factor in as much as you’d think. I have had a couple of occasions with the board sponsor though where sellers flat out refused to counteroffer me or countered like a dollar under the listing price and 2-4 weeks later came back around because they were sitting unsold. In fact the contract I offered on back in February is still sitting there!

Totally agree. resale market will market it by saying they are looking out for both the sellers and the buyers to pass ROFR. I think Fidelity could care less, though in reality, the resale market probably doesn’t care either. Resale market probably loves Disney taking back contracts because the buyer essentially will be looking to buy another one so it’s a double or triple sale for them. Resale market is definitely where you go if you’re trying to sell and time is on your side. Fidelity is definitely more buyer friendly. Both has its place.

 

[lkpat1983]

Gosh - we haven't seen a ROFR response since Saturday... (one was posted Monday but it was from 4/28)... Is anyone still 30-40+ days waiting on a response? Perhaps there was just an influx of contracts submitted and they're catching up now?

I was wondering the same!

 

[prncssjas]

Gosh - we haven't seen a ROFR response since Saturday... (one was posted Monday but it was from 4/28)... Is anyone still 30-40+ days waiting on a response? Perhaps there was just an influx of contracts submitted and they're catching up now?

Hi hglenn, it's like you knew how my morning went, lol.

prncssjas---$129-$20,640-160-SSR-Dec-0/21, 160/22, 160/23- sent 3/31, taken 5/11

This took 42 days and Disney took it. FINE...trying again:

prncssjas---$180-$27720-154-VGF-Dec-0/21, 154/22, 154/23- sent 5/11

 

[Sandisw]

Totally agree. resale market will market it by saying they are looking out for both the sellers and the buyers to pass ROFR. I think Fidelity could care less, though in reality, the resale market probably doesn’t care either. Resale market probably loves Disney taking back contracts because the buyer essentially will be looking to buy another one so it’s a double or triple sale for them. Resale market is definitely where you go if you’re trying to sell and time is on your side. Fidelity is definitely more buyer friendly. Both has its place.

I will just add that having listed and sold with them I got no pushback or even recommendation to list higher when I said I wanted a quick sale.

We reviewed instant offer and I set the price lower then market.

I am an experienced seller though. Had I been know I would have asked for different feedback and in the past with other brokers I took their recommendation and went with it.

In the end , it’s still a seller who decides what to do! And some may just not be in any rush like I was. Of course, DVD took it so now I am waiting anyway! Lol

 

[CaptainAmerica]

Your point has merit, especially if there is a price difference of $30pp or more. I paid $125pp for mine. If I had bought a non-sub contract for $100pp, it would take me 11.6 years to make up for the difference in annual dues. Still worth it IMO. The biggest draw for me is the ability to sell it again. I don’t know about you but there are a TON of AUL listings in the market right now and I have no idea how sellers expect to sell them for what they’re listing.

Yeah buying Aulani unsub for $125 right now, which is where most of them are sitting, ain't gonna happen.

At least with a sub contract, it stands out more and is likely to sell faster. Just my take on it.

It *should*, but most of the brokers don't do a very good job of marketing them as something special IMO.

 

[HIRyeDVC]

In the end , it’s still a seller who decides what to do! And some may just not be in any rush like I was. Of course, DVD took it so now I am waiting anyway! Lol

Completely agree that it ultimately lies with the seller. I just think it interesting that listings on the sponsors site are generally always more expensive than other sites. As for you waiting for Disney, oh the irony. In the end, you always end up waiting when it comes to resale.

 

[CaptainAmerica]

Completely agree that it ultimately lies with the seller. I just think it interesting that listings on the sponsors site are generally always more expensive than other sites. As for you waiting for Disney, oh the irony. In the end, you always end up waiting when it comes to resale.

I definitely think there's a celebrity aspect to it. They have Marissa and Derek, and Melissa and Derek are YouTube-famous within this little niche community.

 

[Stargazer65]

Hi hglenn, it's like you knew how my morning went, lol.

prncssjas---$129-$20,640-160-SSR-Dec-0/21, 160/22, 160/23- sent 3/31, taken 5/11

This took 42 days and Disney took it. FINE...trying again:

prncssjas---$180-$27720-154-VGF-Dec-0/21, 154/22, 154/23- sent 5/11

We all just need to keep putting in offers, taking these contracts at the rate they are, they have to run out of money soon!

 

[jjenni22]

Whomp, whomp...

BLT

jjenni22---$165-$17285-100-BLT-Feb-0/21, 114/22, 100/23, 100/24- sent 4/5, taken 5/2
jjenni22---$164-$19082-110-BLT-Feb-0/21, 96/22, 110/23, 110/24- sent 4/7, taken 5/8
jjenni22---$164-$18671-110-BLT-Feb-0/21, 38/22, 110/23, 110/24- sent 4/7, taken 5/8

 

[prncssjas]

We all just need to keep putting in offers, taking these contracts at the rate they are, they have to run out of money soon!

LOL! My broker told me that Disney is just coming after all the SS contracts right now! Ugh, it would not be so bad if the wait wasn't so long. But I was READY to go--at least during the wait, you can pick out the next contract.