SELLER - Contract in ROFR

TinkAgainU

Trust In The Pixie Dust
Joined
Dec 11, 2021
Messages
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So.... I will update as I learn more, but as the Seller, my VGF contract DVC Right of First Refusal / ROFR was "not waived" by DVC yesterday. Sadly, all my notarized documents were sitting at Escrow so it could have closed for the Buyer and myself as soon as ROFR came thru, BUT... with DVC exercising ROFR all that now stops.

I was forwarded an email from the Broker saying they were no longer involved (note, they will still get their full commission), but DVC is to send me their required documentation by email, with a PIN to open those documents by mobile Text. Nothing received, so I tried to ask by Chat - Chat told me to call Member Admin - called MA (the lady I spoke with seemed confused by the whole ROFR theory and put me on hold), then she came back on the line and told me my only option is to email my question to Member Administration. I emailed, and received stock response ... "Your request is very important to us and we will make every effort to respond within the next seven days. Requests are answered in the order they are received and our response time may vary based on the nature of your correspondence."

This, my friends, is why I am selling my contracts. Disney and DVC are simply too difficult to deal with for "me" anymore. YMMV

P.S. I will update this this whenever I finally get done jumping thru hoops with DVC. Really looking forward to my Epic Universe trip, and Norwegian Cruise next year... there IS life after Disney ;)

//// UPDATE HERE ///

1) So it's going to be tough to share info on this since the VERY FIRST DOCUMENT they are having me sign is attached here - a FULL LIABILITY AND CONFIDENTIALITY RELEASE (it is in docusign, so FORCED to sign all or none of the pages they sent). And they go to great length explaining if you've not returned all the documents by scheduled closing date, you owe brokers fees, their processing fees, and DVC can back out at their sole option, and would still need to go thru a new ROFR for any resale. As expected, DVC is holding all the cards and playing them like no body has attorneys like they do (fair guess). I'm sharing this and have NOT signed that Release, but may be forced to, obviously. This reminds me a lot of the heavy-handed documents provided at Direct Purchase (which I personally, declined to sign after reading them).

2) They did offer Notary service, but the only open dates are for a few days AFTER this was to close per the Purchase Agreement. And they are clear (see #1 above) any delay can have terrible consequences. Sneakily played.

3) Last, they state to expect funds approximately two weeks AFTER documents are received. Cammy's escrow could have sent the funds the same day, of course. But Disney will build in use of money delays is my guess - that's pretty common if marginally ethical - by big businesses.

And I'll reiterate here, no way to reach them except by email, which stock response indicates a 7 day turn around. No response to my first email, obviously.
 

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When mine got taken in 2022, DVD didn’t get me documents until about 2 weeks prior to closing date.

They do not rush the process. We didn’t close until the day listed in the contract.

Not sure if that is still the case but it was over 2 months between getting RoFRd and the closing date

Hopefully they go faster these days! Don’t know which NCL ship you are doing by I am touring the Aqua next week! Can’t wait to see this new ship!
 
If they ROFR, can you rescind the sale? I guess you’d still owe commissions…..

I think it would be tough because DVD, as a buyer, has the money to force a sale.

So, you’d owe the commission and who knows what else DVD could do to while they fiight it.

Plus, it’s not like you tried to sell it again until after the closing date because it’s a valid contract…which would be going back to DVD again anyway.
 
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They took our AKV recently. I received the documents about 2 weeks before closing date and scheduled with their online notary. Honestly they made it super easy.
 
I think it would be tough because DVD, as a buyer, has the money to force a sale.

So, you’d owe the commission and who knows what else DVD could do to while they fiight it.

Plus, it’s not like you tried to sell it again until after the closing date because it’s a valid contract…which would be going back to DVD again anyway.
I just remember the former owner of DIS on a DVC Fan podcast mentioned that one of his BRV contracts got ROFR’d and he rescinded the sale when they called to ask what he wanted to do about a reservation he had on the contract.

Maybe he had a special situation because of his previous affiliation with World of DVC and they didn’t charge him back the commission.
 
//// UPDATE HERE /// Added to first post.

1) So it's going to be tough to share info on this since the VERY FIRST DOCUMENT they are having me sign is attached here - a FULL LIABILITY AND CONFIDENTIALITY RELEASE (it is in docusign, so FORCED to sign all or none of the pages they sent). And they go to great length explaining if you've not returned all the documents by scheduled closing date, you owe brokers fees, their processing fees, and DVC can back out at their sole option, and would still need to go thru a new ROFR for any resale. As expected, DVC is holding all the cards and playing them like no body has attorneys like they do (fair guess). I'm sharing this and have NOT signed that Release, but may be forced to, obviously. This reminds me a lot of the heavy-handed documents provided at Direct Purchase (which I personally, declined to sign after reading them).

2) They did offer Notary service, but the only open dates are for a few days AFTER this was to close per the Purchase Agreement. And they are clear (see #1 above) any delay can have terrible consequences. Sneakily played.

3) Last, they state to expect funds approximately two weeks AFTER documents are received. Cammy's escrow could have sent the funds the same day, of course. But Disney will build in use of money delays is my guess - that's pretty common if marginally ethical - by big businesses.

And I'll reiterate here, no way to reach them except by email, which stock response indicates a 7 day turn around. No response to my first email, obviously.
 

Attachments

  • Release Agreement.jpg
    Release Agreement.jpg
    76.1 KB · Views: 21
Pretty much my experience and that they hold all the cards given that our contracts include the right of DVD to ROFR

There is one title company that does hold seller funds until it is verified all info is correct when the buyer has their account set up and points loaded.

What was ironic when they took mine is that I got paid in about 7 days, and the contract didn’t actually get removed from my account until at least a week after that!

We didn’t use online notary so we had them back ASAP.

Good luck!
 
Pretty much my experience and that they hold all the cards given that our contracts include the right of DVD to ROFR

There is one title company that does hold seller funds until it is verified all info is correct when the buyer has their account set up and points loaded.

What was ironic when they took mine is that I got paid in about 7 days, and the contract didn’t actually get removed from my account until at least a week after that!

We didn’t use online notary so we had them back ASAP.

Good luck!
Thank you so much! Will take the documents to a regular notary, but I know with the newer forms it requires both a Notary and a witness (at the Notary at the same time) so a little more of a project - but doable. Have not gotten the copies of the documents to notarize yet, have to sign that nasty full release first lol.

It's sad/funny - I was so irritated when Florida and Disney went at it, thinking Disney brought so much joy to so many... Since then, I've had a number of bad/sad Disney personal interactions, so might be cheering on the next person with the funds to pay an attorney to give them a little grief. To be clear, I still find 99% of the people who work for and visit at Disney to be exceptionally kind. But the big business side has me ready to spend my money elsewhere.
 
Thank you so much! Will take the documents to a regular notary, but I know with the newer forms it requires both a Notary and a witness (at the Notary at the same time) so a little more of a project - but doable. Have not gotten the copies of the documents to notarize yet, have to sign that nasty full release first lol.

It's sad/funny - I was so irritated when Florida and Disney went at it, thinking Disney brought so much joy to so many... Since then, I've had a number of bad/sad Disney personal interactions, so might be cheering on the next person with the funds to pay an attorney to give them a little grief. To be clear, I still find 99% of the people who work for and visit at Disney to be exceptionally kind. But the big business side has me ready to spend my money elsewhere.

My documents didn’t come, as I said, until about 2 weeks before closing date

We are fortunate that our bank provides both so it was easy.
 
//// UPDATE HERE /// Added to first post.

1) So it's going to be tough to share info on this since the VERY FIRST DOCUMENT they are having me sign is attached here - a FULL LIABILITY AND CONFIDENTIALITY RELEASE (it is in docusign, so FORCED to sign all or none of the pages they sent). And they go to great length explaining if you've not returned all the documents by scheduled closing date, you owe brokers fees, their processing fees, and DVC can back out at their sole option, and would still need to go thru a new ROFR for any resale. As expected, DVC is holding all the cards and playing them like no body has attorneys like they do (fair guess). I'm sharing this and have NOT signed that Release, but may be forced to, obviously. This reminds me a lot of the heavy-handed documents provided at Direct Purchase (which I personally, declined to sign after reading them).

2) They did offer Notary service, but the only open dates are for a few days AFTER this was to close per the Purchase Agreement. And they are clear (see #1 above) any delay can have terrible consequences. Sneakily played.

3) Last, they state to expect funds approximately two weeks AFTER documents are received. Cammy's escrow could have sent the funds the same day, of course. But Disney will build in use of money delays is my guess - that's pretty common if marginally ethical - by big businesses.

And I'll reiterate here, no way to reach them except by email, which stock response indicates a 7 day turn around. No response to my first email, obviously.
Are you able to strike the clause about confidentially on the docusign? It seems rather unnecessary.
 
Thank you so much! Will take the documents to a regular notary, but I know with the newer forms it requires both a Notary and a witness (at the Notary at the same time) so a little more of a project - but doable. Have not gotten the copies of the documents to notarize yet, have to sign that nasty full release first lol.

It's sad/funny - I was so irritated when Florida and Disney went at it, thinking Disney brought so much joy to so many... Since then, I've had a number of bad/sad Disney personal interactions, so might be cheering on the next person with the funds to pay an attorney to give them a little grief. To be clear, I still find 99% of the people who work for and visit at Disney to be exceptionally kind. But the big business side has me ready to spend my money elsewhere.
Are you completely getting out of DVC? I agree the membership admin email only is so archaic, annoying, and unnecessary if you have any questions or discrepancies
 
So.... I will update as I learn more, but as the Seller, my VGF contract DVC Right of First Refusal / ROFR was "not waived" by DVC yesterday. Sadly, all my notarized documents were sitting at Escrow so it could have closed for the Buyer and myself as soon as ROFR came thru, BUT... with DVC exercising ROFR all that now stops.

I was forwarded an email from the Broker saying they were no longer involved (note, they will still get their full commission), but DVC is to send me their required documentation by email, with a PIN to open those documents by mobile Text. Nothing received, so I tried to ask by Chat - Chat told me to call Member Admin - called MA (the lady I spoke with seemed confused by the whole ROFR theory and put me on hold), then she came back on the line and told me my only option is to email my question to Member Administration. I emailed, and received stock response ... "Your request is very important to us and we will make every effort to respond within the next seven days. Requests are answered in the order they are received and our response time may vary based on the nature of your correspondence."

This, my friends, is why I am selling my contracts. Disney and DVC are simply too difficult to deal with for "me" anymore. YMMV

P.S. I will update this this whenever I finally get done jumping thru hoops with DVC. Really looking forward to my Epic Universe trip, and Norwegian Cruise next year... there IS life after Disney ;)

//// UPDATE HERE ///

1) So it's going to be tough to share info on this since the VERY FIRST DOCUMENT they are having me sign is attached here - a FULL LIABILITY AND CONFIDENTIALITY RELEASE (it is in docusign, so FORCED to sign all or none of the pages they sent). And they go to great length explaining if you've not returned all the documents by scheduled closing date, you owe brokers fees, their processing fees, and DVC can back out at their sole option, and would still need to go thru a new ROFR for any resale. As expected, DVC is holding all the cards and playing them like no body has attorneys like they do (fair guess). I'm sharing this and have NOT signed that Release, but may be forced to, obviously. This reminds me a lot of the heavy-handed documents provided at Direct Purchase (which I personally, declined to sign after reading them).

2) They did offer Notary service, but the only open dates are for a few days AFTER this was to close per the Purchase Agreement. And they are clear (see #1 above) any delay can have terrible consequences. Sneakily played.

3) Last, they state to expect funds approximately two weeks AFTER documents are received. Cammy's escrow could have sent the funds the same day, of course. But Disney will build in use of money delays is my guess - that's pretty common if marginally ethical - by big businesses.

And I'll reiterate here, no way to reach them except by email, which stock response indicates a 7 day turn around. No response to my first email, obviously.
If it helps any, regular sales can go south, too. I just closed on a contract ONE MONTH after the date on the contract due to--what I would call--a less than fabulous title agent who made MULTIPLE errors.
 
Just did a resale after getting ROFR’d on a purchase a month ago. Contract had close date for end of month. Two days after ROFR passed both ourselves and seller had documents returned to broker, did wire next day, and two days later received email that close was completed, just one week after ROFR passed.

It seems really out of line that you should be dealing with what you are for DVC to take the points back.
 
Just did a resale after getting ROFR’d on a purchase a month ago. Contract had close date for end of month. Two days after ROFR passed both ourselves and seller had documents returned to broker, did wire next day, and two days later received email that close was completed, just one week after ROFR passed.

It seems really out of line that you should be dealing with what you are for DVC to take the points back.
I'm dead set against signing that full release - I'm to release Disney and all its affiliates from all liability for any reason forever ***. Does anyone know if Florida or California have a timeshare oversight department I can file a complaint with?

Note: I did just file a complaint at https://www2.myfloridalicense.com/ but any other suggestions welcome. Thanks!
 
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I was just going to ask if that release is solely in connection with the contract sale (the wording I’d like to see at the end of that clause) or for any liability.

I believe timeshare is heavily regulated in FL (why you get the 10 day period to rescind a purchase) so there most be a state regulatory agency.
 
I was just going to ask if that release is solely in connection with the contract sale (the wording I’d like to see at the end of that clause) or for any liability.

I believe timeshare is heavily regulated in FL (why you get the 10 day period to rescind a purchase) so there most be a state regulatory agency.
The wording is surprisingly heavy handed. I would have assumed it was only in relation to DVC.
 
I'm still trying to sort out if the Attorney General (the site you gave me) would be a second complaint other than the one I filed today at https://www2.myfloridalicense.com/... looks like both are legit ... if anyone has any input, it's appreciated. I guess I can try both approaches but I'm a bit out of my league here. But I feel like if I just "roll over" every time Disney oversteps that's not meeting my own ethical standards and also letting down the rest of my peeps ;)
 

















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