ROFR Thread July to Sept 2022 *PLEASE SEE FIRST POST FOR INSTRUCTIONS & FORMATTING TOOL*

[Sandisw]

Wow, wouldn't they have already signed the contracts when the offer was accepted? Can they even back out after that original 10 days is past??

When original contract is signed, it can be done docusign, but the closing requires notary.

Maybe when it came time to follow through they changed their mind?

 

[mbroc]

Ugh so sorry this happened to you! Do you get any dispensation from the seller for backing out after all this time?

No, there is no provision for that in the contract except taking them to court. Without going into too much detail, it seems to be a "difficult" family matter (if you catch drift) so I decided to try and practice some compassion. Believe me, it's super annoying that they wasted a lot of my time and killed (I mean "stalled") my dreams/plans for next year but in the end, I think my time is best served by hunting and catching another deal. Besides, it's just means that I get to obsess over this forum and commiserate with all of you.

 

[mbroc]

Better to be you than the seller who DID want to sign. I'd love to hear how THAT conversation went...

yeah, it was a sticky situation for the one who did want to sign.

 

[mbroc]

When original contract is signed, it can be done docusign, but the closing requires notary.

Maybe when it came time to follow through they changed their mind?

Exactly. Two signatures requiring notary on the sellers' end. My only recourse is to go to court but it's a waste of time for me. Unfortunately, I get the feeling that the seller who did not want to sign did all of this on purpose to make life difficult for the one who did sign. Anyway, yes, this case is a little too "spicy" for me and not worth my time (other than sharing on this forum hahaha).

 

[pianomanzano]

Exactly. Two signatures requiring notary on the sellers' end. My only recourse is to go to court but it's a waste of time for me. Unfortunately, I get the feeling that the seller who did not want to sign did all of this on purpose to make life difficult for the one who did sign. Anyway, yes, this case is a little too "spicy" for me and not worth my time (other than sharing on this forum hahaha).

So sorry that happened! Do you get any of what the seller has to pay in commission as penalty? I forget what contracts generally say about that for the buyer.

 

[Stargazer65]

Exactly. Two signatures requiring notary on the sellers' end. My only recourse is to go to court but it's a waste of time for me. Unfortunately, I get the feeling that the seller who did not want to sign did all of this on purpose to make life difficult for the one who did sign. Anyway, yes, this case is a little too "spicy" for me and not worth my time (other than sharing on this forum hahaha).

I don't blame you, I wouldn't want to wade into that drama over a resale contract either. Better to walk away.

 

[Sandisw]

So sorry that happened! Do you get any of what the seller has to pay in commission as penalty? I forget what contracts generally say about that for the buyer.

Typically, if a buyer fails to follow through, deposit is lost, and seller gets a portion of it,

There is typically nothing that happens the other way around, because the broker may have a difficult time to get the commission from the seller, without proceeding in court as well.

 

[M_T]

M_T---$137-$14450-100-AKV-Jun-0/21, 162/22, 100/23, 100/24- sent 9/6

Passed 9/26

 

[Stargazer65]

There is typically nothing that happens the other way around

They can give long distance stink-eye.

 

[Disdreaming479]

yeah, it was a sticky situation for the one who did want to sign.

I’m curious how many people on the sellers deed? I’m currently waiting on sellers to sign and there are more than just a few names on the deed. Other contract I purchased has closed already. Was the broker the page sponsor?

 

[DonMacGregor]

Typically, if a buyer fails to follow through, deposit is lost, and seller gets a portion of it,

There is typically nothing that happens the other way around, because the broker may have a difficult time to get the commission from the seller, without proceeding in court as well.

In the past, I have had people stiff me on relatively small transactions, and I've filed small claims actions against them, just to be "that guy". On each occasion, I didn't get anything initially beyond a default judgement (it's amazing how many people just blow small claims off), but it felt good knowing my little public record judgement was sitting on their credit reports and messing with their lives sorta surreptitiously. A true "gift that keeps on giving". One guy actually did pay me about 5 years later when he wanted to refinance his house. $50 well spent even if I never saw a penny.

 

[Maryrachel713]

Congrats!
This gives me some hope! Looks like after closing and dues yours is around $134 per point, ours is exactly $135

Excuse the probably dumb question—when people talk about their cost per point is it just the cost per point or averaging in the closing and dues? Or does it vary?

 

[arich35]

Excuse the probably dumb question—when people talk about their cost per point is it just the cost per point or averaging in the closing and dues? Or does it vary?

I think most people just talk about price per point not including dues but in my response I was averaging it with the closing and dues

 

[cdobert]

So, update to my original post above . . . I sign the closing docs, get the remaining funds ready to be wired and then . . . 1 of the 2 sellers on the deed decides to NOT sign. Ugh. It's taken a few days to get over. No, it's not normal - especially having passed ROFR. Yes, it has happened in the past but rare (so I am told). No, I'm not going to go to court over it. I'm not a lawyer and don't have the time to fight. Just super disappointed. Taking it as a sign that it just wasn't meant to be. No, I'm not completely over it yet . . . though I did start shopping again.

I'm worried that I might be in the same boat. Divorcing couple must sell, but the male has dragged his feet on everything. One week now since ROFR and crickets from him.

 

[Paul Stupin]

Jlo85---$103-$18025-160-AUL-Feb-0/21, 0/22, 201/23, 160/24- sent 9/24

A soon-to-be fellow Aulani owner! Congrats! Great price!

 

[Sunnyore]

Excuse the probably dumb question—when people talk about their cost per point is it just the cost per point or averaging in the closing and dues? Or does it vary?

If you like to look more in depth what the normalized cost per point for each contract, the dvcstats.com website uses the info here to calculate the data. It factors in the loaded points and missing points as well so you can see more clearly what may passing ROFR lady instead of just the agreed upon price per point.

 

[ccv_fam]

ccv_fam---$110-$37389-330-BRV@WL-Jun-0/21, 284/22, 330/23, 330/24-seller pays MF '22- sent 9/6, passed 9/19

Updated string!

 

[TheSkis]

TheSkis---$155-$25540-160-BCV-Oct-0/21, 230/22, 160/23, 160/24- sent 9/27

 

[hayesdvc]

hayesdvc---$190-$5258-25-VGF-Aug-0/21, 21/22, 25/23, 25/24- sent 9/23

 

[TikiRoomMania]

TikiLover---$150-$23360-150-PVB-Dec-0/21, 85/22, 150/23- Seller pays 22 maint -sent 9/9, passed 9/27

Woohoo!