Selling DVC Privately

[toddp3]

I am planning on selling my points privately to my friends who want to add on

Does anyone have a sample contract?

I've got some things by searching but some of the posts are older.

I do plan on calling dvc and make sure I have what they need.

Thank You
Todd

 

[KAT4DISNEY]

I am planning on selling my points privately to my friends who want to add on

Does anyone have a sample contract?

I've got some things by searching but some of the posts are older.

I do plan on calling dvc and make sure I have what they need.

Thank You
Todd

I'm not positive if they still have them listed but they used to have a document or two that was necessary for transferring listed on the member website. You do have to submit it for ROFR too.

 

[Deb & Bill]

I'm not positive if they still have them listed but they used to have a document or two that was necessary for transferring listed on the member website. You do have to submit it for ROFR too.

So don't price it too low or Disney will take it.

 

[stewart715]

So don't price it too low or Disney will take it.

If you planned on giving your friend a discount, perhaps best to sell it to your friend for market price and then give them a nice monetary gift after the sale completes..........

 

[Deb & Bill]

If you planned on giving your friend a discount, perhaps best to sell it to your friend for market price and then give them a nice monetary gift after the sale completes..........

I don't think you can do that. It would be illegal.

 

[BillPA]

It will be a resale, the new owner will NOT be able to claim all the DVC perks if you had them.

 

[Jason@dvcstore]

I am planning on selling my points privately to my friends who want to add on

Does anyone have a sample contract?

I've got some things by searching but some of the posts are older.

I do plan on calling dvc and make sure I have what they need.

Thank You
Todd

If you needed our services we can assist. If you come with your own buyer instead of paying an 8.5% commission you would simply pay a $500 commission. I hope all goes smoothly and Disney doesn't buy it back.

 

[Marv_barr]

We are considering buying a contract from a family member is there anyway we could retain their contract privileges. Is there a difference when purchased from a family member? I'm assuming it still has to go ROFR.
TIA

 

[Spork24]

We are considering buying a contract from a family member is there anyway we could retain their contract privileges. Is there a difference when purchased from a family member? I'm assuming it still has to go ROFR.
TIA

Any purchase has to go to ROFR and voids existing benefits.

Gifts to family members don’t go to ROFR, and I think if it’s a direct family member you can retain the perks. (Not sure what the requirements are to retain perks for gifts). I would imagine someone will chime in for details.

Gifting money in exchange for the points would technically be illegal.

 

[Deb & Bill]

I wonder if they could just add you to the deed and you take over any payments.

 

[Frederic Civish]

I'm not positive if they still have them listed but they used to have a document or two that was necessary for transferring listed on the member website. You do have to submit it for ROFR too.

So don't price it too low or Disney will take it.

If you planned on giving your friend a discount, perhaps best to sell it to your friend for market price and then give them a nice monetary gift after the sale completes..........

I agree, that if you give them a Sweetheart Deal, that Disney will snap it up in a heartbeat, through ROFR. And, since they aren't family, it MUST go through ROFR, even if you are GIVING it to them.

I don't know about the legality of any 'side agreements,' though I suspect they are in violation of some law, as Deb & Bill said. But then, who is to really know, in order to enforce that.

The idea of adding other people to your contract is intriguing. I don't know if it can be done. I had to submit it to Disney and get their waiver when I added my adult children to a couple of my contracts. But, if they allow it, then it could be a way to start the switchover process.

 

[Jerry@dvcstore]

I am not sure if you have already received the information you were looking for, but our office can assist you if need be. If you have your own buyer we can prepare, process , and handle the contract just as we normally would with a sale, but instead of charging you a commission at closing, we can do a paperwork fee. If would like additional information, please feel free to call the office at 1-800-550-6493 or send an email to sales@dvcstore.com and we would be happy to help you.

 

[SL6827]

I don't know about the legality of any 'side agreements,' though I suspect they are in violation of some law, and Deb & Bill said. But then, who is to really know, in order to enforce that.

Exactly.

 

[Belle861]

I am planning on selling my points privately to my friends who want to add on

Does anyone have a sample contract?

I've got some things by searching but some of the posts are older.

I do plan on calling dvc and make sure I have what they need.

Thank You
Todd

Wondering if you completed sale privately? If so, where did you obtain contract info? Did you use an attorney and title company? Thanks, We’re possibly doing the same thing.

 

[dvc lover 1970]

We are considering buying a contract from a family member is there anyway we could retain their contract privileges. Is there a difference when purchased from a family member? I'm assuming it still has to go ROFR.
TIA

If close family member like parent or grandparent, have them add you to their contract, then you retain their benefits. I am going to add my kids to my contract in the next year - but I am keeping my name on the contract. I will eventually gift one of the contracts to my kids, but that will be a few years down the road.
If its a matter of adding a name to a contract or gifting it is not the same ROFR as it is not a sale, just change of name deed. This info is if it is not a sale, but just adding names to contract.
If you are actually buying from a family member, then yes, it goes through the ROFR process.

 

[ocdb8r1]

I don't think you can do that. It would be illegal.

I don't know about the legality of any 'side agreements,' though I suspect they are in violation of some law, as Deb & Bill said. But then, who is to really know, in order to enforce that.

Let's be clear, while it may be a shocker to some of us, Disney does not make laws. The ROFR provisions of the DVC contracts indicates the full terms of the deal should be included and thus if there are terms directly connected to the sale they should be included in ROFR. Failing to do this is not breaking the law, it's breaking the terms of the contract which could give DVC grounds to invalidate the contract.

How about offering your friends a very generous commission or finders fees for finding the buyer of the contract? The benefit is that then if DVC exercises, they still have to pay the commission.

I would personally reach out to one of the reputable closing companies talked about at length on this board. They handle the full process OTHER THAN the sales contract. The folks at the DVC Store who posted above are also well known and if they offer a cost effective option just to document, that also seems like a reasonable approach. While it's not impossible to do alone, someone will have to deal with all the deed filing formalities which are quite pedantic.

 

[CarolynFH]

Wondering if you completed sale privately? If so, where did you obtain contract info? Did you use an attorney and title company? Thanks, We’re possibly doing the same thing.

This thread is four years old, so if the person you quote doesn’t respond, that could be the reason.

LT Transfers, https://www.lttransfers.com/, can handle sales as well as gratuitous title transfers of DVC contracts (and other timeshares). My family has used them for gratuitous transfers, but I believe they have a sales contract you can use. Their charges are very reasonable.

 

[crisi]

Let's be clear, while it may be a shocker to some of us, Disney does not make laws. The ROFR provisions of the DVC contracts indicates the full terms of the deal should be included and thus if there are terms directly connected to the sale they should be included in ROFR. Failing to do this is not breaking the law, it's breaking the terms of the contract which could give DVC grounds to invalidate the contract.

How about offering your friends a very generous commission or finders fees for finding the buyer of the contract? The benefit is that then if DVC exercises, they still have to pay the commission.

I would personally reach out to one of the reputable closing companies talked about at length on this board. They handle the full process OTHER THAN the sales contract. The folks at the DVC Store who posted above are also well known and if they offer a cost effective option just to document, that also seems like a reasonable approach. While it's not impossible to do alone, someone will have to deal with all the deed filing formalities which are quite pedantic.

Let's be clear, violating a contract between two private parties is a violation of civil law - which is why you can sue and go to court. In some cases, it may cross into criminal law as fraud - which is why you can get prosecuted ala Billy McFarland.

 

[Sandisw]

Let’s not get into posts about how to sell a contract that doesn’t involve following the procedure set up by DVD.

Any contract being sold needs to include a contract with actual detials and is subject to ROFR.

 

[ocdb8r1]

Let's be clear, violating a contract between two private parties is a violation of civil law - which is why you can sue and go to court. In some cases, it may cross into criminal law as fraud - which is why you can get prosecuted ala Billy McFarland.

Let's be clear, you're talking about something completely different from what was discussed here. Breach of contract is absolutely not a violation of civil law; it is not "illegal" to breach a contract and a court's ability to adjudicate a contract and award some form of remedy does not make it a crime. It's contract law 101 that one should in fact breach a contract when the economic terms (including the potential remedy for breach) are no longer justified. You're confusing two concepts.

It's not relevant to the conversation as the purpose was to illustrate that people throw out terms like "illegal" or "you could end up in court" to scare people into thinking they'll get in big trouble or go to jail if they breach a contract when in fact the contract outlines precisely what could happen. Scaremongering people into thinking they could be committing a criminal offense such as fraud for breaching a DVC contract because they didn't elucidate every possible term in an ROFR waiver is case in point. Absurdity.