ROFR Thread Oct to Dec 2022 *PLEASE SEE FIRST POST FOR INSTRUCTIONS & FORMATTING TOOL*

[Sunnyore]

Yes, exactly. I actually decided to not work with the broker - not because of their view on disclosing/not disclosing the international seller status but simply because they didn't have a deal at a price that I was interested in at the time. Point being, for me - if there's a really good deal on the table - I'm interested regardless of whether the seller is international or not. On a side and as an additional data point, out of the 5 brokers I've dealt with, only 1 had this view of not disclosing international seller status.

Now I’m curious if this is the same broker that refuses to let me choose my own escrow company even though I would be paying closing costs. It didn’t sit well with me and so I didn’t move forward with that bid.

 

[DonMacGregor]

This may well vary from broker to broker, and it may depend on the specific contractual details of the listing agreement. It is possible that this broker's listing agreement is written in a way that they genuinely cannot share that information.

Of course, they might have just decided it is better for their business to not disclose it, even though they can, and this is the easiest way to tell you "I won't tell you."

We might want it, and it might help us make valuation/purchase decisions, but that's not the same as being entitled to it. If (not) having that information is make-or-break, just shop elsewhere.

But a property owner's legal address is, by law (with few very clearly defined exceptions like jurists, law enforcement, etc.), public record. It's a ridiculous game to play as once an offer is made and a sales contract drawn up, the seller's name will be made known, and their location easily found through a records search prior to signing the contract and committing to the purchase.

I suppose the seller could have set up a trust or LLC to purchase the contract and keep the address onshore, but that's gotta be a real stretch for a relatively small financial transaction.

 

[mbroc]

Now I’m curious if this is the same broker that refuses to let me choose my own escrow company even though I would be paying closing costs. It didn’t sit well with me and so I didn’t move forward with that bid.

it probably is. that said, it is not unusual for brokers to limit the number of title companies they prefer to do business with as is their prerogative. that's why I always ask ahead of time which title compan(ies) they use (and hope they use my favorite) and what is the max on a CC that they will take (gotta cash in on those points/miles).

 

[mbroc]

ROFR seems super silent lately. No?

 

[Mrsjoneslilac]

Anyone else seeing rumors of a new direct price increase coming in December to $214 or $217 pp? Will probably impact resale and ROFR prices too. Will probably see another price increase in March in preparation for VDH pricing?

Yes. They are going up on December 1. The ones I know for sure are Riviera and Grand Floridian to $217 and AKL to $210. My guide said “most of the resorts are going up”.

 

[Cheetara03]

ROFR seems super silent lately. No?

Yes!

 

[Cheetara03]

it probably is. that said, it is not unusual for brokers to limit the number of title companies they prefer to do business with as is their prerogative. that's why I always ask ahead of time which title compan(ies) they use (and hope they use my favorite) and what is the max on a CC that they will take (gotta cash in on those points/miles).

Now I have to ask what companies you like!

 

[Brian Noble]

It's a ridiculous game to play as once an offer is made and a sales contract drawn up, the seller's name will be made known, and their location easily found through a records search prior to signing the contract and committing to the purchase.

Fine. But, it's not the broker disclosing it prior to agreement, and such disclosure (a) might be prevented by the listing agreement or (b) just something they don't want to do. I can be unhappy about that, but I can't make them change it if they can't/don't want to.

 

[LadybugsMum]

But a property owner's legal address is, by law (with few very clearly defined exceptions like jurists, law enforcement, etc.), public record. It's a ridiculous game to play as once an offer is made and a sales contract drawn up, the seller's name will be made known, and their location easily found through a records search prior to signing the contract and committing to the purchase.

I did a search on my international sellers and I found their deed. However, their address was listed as the DVD address in Celebration, FL . So searching for the deed may not yield the information you want. I was not going to back out; so it didn't matter to me.

 

[mbroc]

Now I have to ask what companies you like!

similar to many others on this board and with respect to title companies, I prefer to use Cammy at Mason (if I have a choice). A good deal, however, trumps title company choice.

 

[Cheetara03]

similar to many others on this board and with respect to title companies, I prefer to use Cammy at Mason (if I have a choice). A good deal, however, trumps title company choice.

Yay! Mine is Mason (if I pass ROFR)

 

[Slippery Yak]

ROFR seems super silent lately. No?

It seems quiet, but the sample size is small. Here’s to hoping mine is coming soon.

 

[Tymeece]

I think the ROFR lady really love loaded contracts. Sorry for your loss.

Boo…my last one and current one is similar.
I’m sure I’ll get the same news

 

[DonMacGregor]

Fine. But, it's not the broker disclosing it prior to agreement, and such disclosure (a) might be prevented by the listing agreement or (b) just something they don't want to do. I can be unhappy about that, but I can't make them change it if they can't/don't want to.

I get that. My point is that they have a listing agreement hill that they are apparently willing to die on that works for about 15 seconds, right up until I place an accepted offer, get the sellers name on the sales agreement, then rescind my offer. You don't need to make them change anything because their policy is pointless and moot.

 

[Brian Noble]

I guess. For me it is too much sugar for a dime to play the offer/rescind game. If my offer is contingent upon the fine-grained closing times to be a "good" or a "bad" offer, I'm probably skating closer to the line than I am comfortable being.

The good news is that you aren't spending my money, and vice versa, so we can do it differently.

 

[softballmom3]

Regarding the not disclosing international seller or domestic (that was the original post of mine), I wanted an international one specifically due to less chance of it being taken back. I didn't need the points anytime soon. I think it's silly not to tell a potential buyer that, but hey that's their prerogative and I'll just keep my eye out somewhere else. It really threw me because I didn't realize it was a big deal. For me, I won't deal with that company regardless at this point because that's the way I am lol!

 

[harmon54]

badeacon---$138-$21391-150-OKW(E)-Jun-0/21, 0/22, 150/23, 150/24-I am the seller- sent 8/30, passed 9/15

Just informed by broker that buyer is backing out due to "change in circumstances". Will split the deposit with broker, so at least get something.

Are you allowed to share who the broker that seems like a nice one to work with.

 

[DonMacGregor]

I did a search on my international sellers and I found their deed. However, their address was listed as the DVD address in Celebration, FL . So searching for the deed may not yield the information you want. I was not going to back out; so it didn't matter to me.

Well, according to Chapter 695.26 of the Florida Statures, both the Grantor and Grantee's mailing addresses must be listed on the deed.

(a) The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument;

A "post-office address" is that physical address where an individual or other entity receives the bulk of their mail. (Or where you or a court would send notices, subpoenas, collections, etc. or other correspondence related to the real property). I wasn't aware that DVD was in the post office box business, nor was I aware that DVD acts as agents for buyers or sellers. Interesting.

 

[DonMacGregor]

I guess. For me it is too much sugar for a dime to play the offer/rescind game. If my offer is contingent upon the fine-grained closing times to be a "good" or a "bad" offer, I'm probably skating closer to the line than I am comfortable being.

The good news is that you aren't spending my money, and vice versa, so we can do it differently.

Not the point. I wouldn't waste my time doing it either, I'm simply pointing out that it is legal pedantry that COULD easily be circumvented. And it isn't the closing time that would potentially be of concern (no one needs DVC points THAT badly), but the tax issues of any additional steps and financial exposure required of the buyer (transferee) under FIRPTA that are of legitimate concern for some people.

 

[Shelle88]

Well, according to Chapter 695.26 of the Florida Statures, both the Grantor and Grantee's mailing addresses must be listed on the deed.



A "post-office address" is that physical address where an individual or other entity receives the bulk of their mail. (Or where you or a court would send notices, subpoenas, collections, etc. or other correspondence related to the real property). I wasn't aware that DVD was in the post office box business, nor was I aware that DVD acts as agents for buyers or sellers. Interesting.

I looked up one of the deeds we sent to ROFR. I'd forgotten to ask if it was an international seller - being in the UK I didn't want international with all the tax stuff. It also listed DVD under the address.

ETA: Maybe they're financed and owned by DVD til paid in full