ROFR Thread January to March 2019 *PLEASE SEE FIRST POST FOR INSTRUCTIONS & FORMATTING TOOL*

[z71tray]

Congrats to you. Sometimes you have to go big or go home and your price point is not necessarily others. It Is a great feeling not to play the waiting game.

Thanks!

 

[Darth Poppy]

Another day of lurking the forum and waiting..... hopefully today will be the day for me

 

[DduzDis]

Another day of lurking the forum and waiting..... hopefully today will be the day for me

Same...

 

[espov]

Same...

same here... refreshing the email continuously

 

[meekey7197]

How do we link directly to a post in another forum here? Over in DVC member services on page 81 of the lawsuit thread they are talking about the new POS. It sounds like they may have backpedaled a *tiny* bit on the resale restrictions.

 

[crvetter]

How do we link directly to a post in another forum here? Over in DVC member services on page 81 of the lawsuit thread they are talking about the new POS. It sounds like they may have backpedaled a *tiny* bit on the resale restrictions.

https://www.disboards.com/threads/w...20-reallocation.3726101/page-81#post-60260785

This is the post you are talking about? Some of us are contacting DVC to understand their interpretation of this section.

 

[meekey7197]

https://www.disboards.com/threads/w...20-reallocation.3726101/page-81#post-60260785

This is the post you are talking about? Some of us are contacting DVC to understand their interpretation of this section.

Yup that one thanks!

 

[bwvBound]

THANK YOU for bringing this forward! I had stopped reading the lawsuit thread long, long before page 81. The point made in the linked post is a surprisingly welcome change in recent events!

How do we link directly to a post in another forum here? Over in DVC member services on page 81 of the lawsuit thread they are talking about the new POS. It sounds like they may have backpedaled a *tiny* bit on the resale restrictions.

https://www.disboards.com/threads/w...20-reallocation.3726101/page-81#post-60260785

This is the post you are talking about? Some of us are contacting DVC to understand their interpretation of this section.

 

[crvetter]

THANK YOU for bringing this forward! I had stopped reading the lawsuit thread long, long before page 81. The point made in the linked post is a surprisingly welcome change in recent events!

DVC has yet to actually confirm this interpretation be interesting to see what they say it means.

 

[crvetter]

DVC has yet to actually confirm this interpretation be interesting to see what they say it means.

I currently have a call into Quality assurance as a first step. They are looking at that exact paragraph and will get back to me. If I don’t get an “answer” I’ll just go up the line.

 

[Frederic Civish]

Interesting -- so the seller essentially refused to sign the final paperwork? that was something I hadn't considered. Is there nothing, absent suing for specific performance, that can be done? I guess I should have added choice of venue into the contract too.

Most of the time, if the Seller doesn't sign the final paperwork, or if the Seller changes their mind, the Seller still has to pay the brokerage their Sales Commission.

In most Real Estate contracts, it doesn't specify that the sale must be complete, for the broker to get their money. It only specifies that the broker must produce a client who is, "Ready, willing and able," to purchase. If there is such a client trying to purchase and the seller backs out for any reason, then the broker still gets paid because they have done their part. If it were not so, then there are many people who would put property on the market, just to see what kind of price they got. And if they got a really good price, maybe they would sell, but if they only got an average price, then they would back out of the sale.

Provisions like these, about "Ready, willing and able," are to protect the broker from exactly that kind of problem. It doesn't usually require legal recourse on the part of the broker. The seller will already have signed contracts stipulating this. However, for you as a purchaser, you probably have little recourse, since a sale isn't done until it is done. At any time up until then, the seller can usually back out, UNLESS they already have OTHER contracts and agreements in place to force compliance, because, for instance, they previously signed a contract stipulating that they WOULD sell the property.

 

[JereMary]

Yup that one thanks!

Wow!!! Well, that might certainly change some things for those of us who submitted contracts before the deadline, but lost our contracts to ROFR after the deadline. I resubmitted immediately, but perhaps our contract will be grandfathered in. Honestly, the Riviera doesn't seem to interest me, but it would be nice to have the option.

 

[mustinjourney]

Most of the time, if the Seller doesn't sign the final paperwork, or if the Seller changes their mind, the Seller still has to pay the brokerage their Sales Commission.

In most Real Estate contracts, it doesn't specify that the sale must be complete, for the broker to get their money. It only specifies that the broker must produce a client who is, "Ready, willing and able," to purchase. If there is such a client trying to purchase and the seller backs out for any reason, then the broker still gets paid because they have done their part. If it were not so, then there are many people who would put property on the market, just to see what kind of price they got. And if they got a really good price, maybe they would sell, but if they only got an average price, then they would back out of the sale.

Provisions like these, about "Ready, willing and able," are to protect the broker from exactly that kind of problem. It doesn't usually require legal recourse on the part of the broker. The seller will already have signed contracts stipulating this. However, for you as a purchaser, you probably have little recourse, since a sale isn't done until it is done. At any time up until then, the seller can usually back out, UNLESS they already have OTHER contracts and agreements in place to force compliance, because, for instance, they previously signed a contract stipulating that they WOULD sell the property.

Yeah -- but the broker is in the same position as the buyer. Are they really going to sue the seller for two thousand dollars? In another state? Unlikely.

 

[Ashley Strathern]

I currently have a call into Quality assurance as a first step. They are looking at that exact paragraph and will get back to me. If I don’t get an “answer” I’ll just go up the line.

If this is true and I don't pass ROFR, I would likely submit another resale if it was grandfathered in.

 

[moxiemom]

Was the $155 one Disney took at VGF? @z71tray

 

[carli_h]

Wow, I hope this is accurate! I will definitely offer on another if ours is taken.

Still waiting... day 29...

 

[DduzDis]

Just checked in with my broker and still no word on ours either...

 

[carli_h]

Okay, I’ve given in and emailed my broker. Fingers crossed.

 

[DduzDis]

Okay, I’ve given in and emailed my broker. Fingers crossed.

It looks like Disney's ROFR momentum got derailed somewhere. Good luck!

 

[carli_h]

It looks like Disney's ROFR momentum got derailed somewhere. Good luck!

Thanks. I just would like to hear either way now given most on 1/16 have been notified. So frustrating.