So dissappointed....

[kjd469]

Just wanted to share my experience (and sadness) with my fellow Dis'ers for a little sympathy My husband and I did an add-on at Aulani last week on the DVC members cruise...we were so excited as we have been waiting for this for a long time and have been anticipating our many trips to Hawaii in the years to come. The guide we used on the ship knew that we live in Mexico, and stated that wouldn't be a problem. Well....I received our contract yesterday and was filling out the paperwork today when I noticed a small error...I called Quality Assurance to ask about it, and the QA lady reminded me that "you need to make sure to get the documents signed at a notary"....huh?? She then stated that it had to be an American Notary and casually told me I should make a trip to the U.S. to visit a Notary or else find an American Embassy...huh?? I told her that a trip to the U.S. is not possible, and the nearest American Embassy is in Mexico City, which is also not possible, so what were we to do, and why weren't we told of this when we purchased....especially since we went to WDW right after the cruise and could have had the documents notarized at that time We did not have to have any documents notarized when we purchased at AKV, but apparently Hawaii law states that all documents must be notarized. So, it looks like we won't be able to purchase our Aulani contract after all and I am super-disappointed. So...if anyone who doesn't live in the U.S. is thinking of buying into Aulani, just be aware of this rule ahead of time to avoid the disappointment we are experiencing.

I guess I will remove my Aulani pic from my signature

 

[bumbershoot]

Aw man, I would be SO annoyed at the guide that didn't make sure of your residence...

They all have to be notarized...we live in the States and had to get a notary for Bay Lake after our paperwork was mailed to us. I think that when you do all the paperwork at WDW you don't *notice* the need, probably because the guides are notaries themselves, and just stamp it instead of making you go find a bank to get their notaries to do it (for instance we went to Wells Fargo and got a notary there to do it).

 

[kjd469]

When I talked to QA I told her we didn't have to have our AKV purchase notarized - which we purchased from here in Mexico - and she said that Florida law states that if you pay cash, which we did, you don't have to have it notarized...she said only California and Hawaii have this rule, even if you're paying in cash. I guess I just wish we had been told up front, and could have had it taken care of while we were there.

 

[disneynutz]

In the past you were required to have the mortgage docs notarized and not the purchase contract, buying from Mexico and/or Hawaii may be the difference.

Are you getting a loan from Disney?

 

[Greysword]

Sorry to hear of your troubles. It was an interesting mini-research project looking up the differences between an American Notary Public and a Mexican counterpart.

Unless you can find an American Notary, you may have to wait until your next trip to the US. As for buying at WDW, I know they notarize the documents there.

 

[kjd469]

In the past you were required to have the mortgage docs notarized and not the purchase contract, buying from Mexico and/or Hawaii may be the difference.

Are you getting a loan from Disney?

Nope...paying cash...guess they don't want my money

 

[kjd469]

Unless you can find an American Notary, you may have to wait until your next trip to the US. As for buying at WDW, I know they notarize the documents there.

I think it's a now or never for us....we purchased on the Member's cruise due to the good incentives they were offering....we aren't planning on returning to WDW at least until this time next year so that's not an option.

 

[WDWLVR]

Did they suggest going to the Embassy because that is where a US Authorized notary would be? Do you have any US based banks near you? They might have notaries that are registered in the United States. Doesn't hurt to ask.

 

[SabresFan]

There may also be US Consulate offices in other cities besides the main Embassy in the capitol city. So I'd look for one of those nearby, and then try to find out if they have a Notary there or not.

 

[TisBit]

OK, I am a little confused on it having to be a US notary? I am aware of the need for the notary, even the UK residents talk about the issue because their notaries are different from ours, making it a real pain/cost.

DVC is selling a large number of contracts in the Asian market and I don't see how they could require everyone to get a US notary. I would possibly call back and see if it truly has to be a US notary, as is often the case, if you call back you can usually get a different answer.

 

[kjd469]

OK, I am a little confused on it having to be a US notary? I am aware of the need for the notary, even the UK residents talk about the issue because their notaries are different from ours, making it a real pain/cost.

DVC is selling a large number of contracts in the Asian market and I don't see how they could require everyone to get a US notary. I would possibly call back and see if it truly has to be a US notary, as is often the case, if you call back you can usually get a different answer.

I asked her if we could use a Mexican notary - we use that when I travel back to Canada with my kids without my husband...both QA ladies I spoke with- one who said she was the supervisor- said it had to be a U.S. notary...I questioned how they expect to sell Aulani to people living outside of the U.S. and she acted like there is a U.S. embassy on every corner of every city. I went to the U.S. Embassy website for Mexico and found a link to a lawyer in my city, so I've emailed him explaining the situation and wondering if he would be able to help us, since he was listed on the Embassy website...we'll see how he responds.

 

[thebigman65]

We live in Canada and had the package mailed to us....I used my "Canadian" Lawyer to noterize the documents.....if the fact is you need to noterize when you live outside the USA.....then you should be able to use a Mexican Lawyer....I think MS is mistaken.

 

[cseca]

Did you get your guide's name and # on the ship?
I would call him/her and have them help you figure it out.
We had a problem with the documents written up on the ship and called QA. The next day our ship guide called me right away and told me if there's any additional problem to give him a call.

Sorry... I would be po-ed too if I were you.

 

[kjd469]

Apparently the issue is with Hawaii law, and they require the U.S. notary. This seems to be a problem specifically with Aulani.

The guide I had on the ship was actually the lady who gave the presentation on Aulani to the DVC members - her business card lists her as DVC event specialist, so as far as I'm concerned someone with her experience should have known better. Apparently, they will pass on the info. to her tomorrow and have her call me.

 

[McCrae]

When I talked to QA I told her we didn't have to have our AKV purchase notarized - which we purchased from here in Mexico - and she said that Florida law states that if you pay cash, which we did, you don't have to have it notarized...she said only California and Hawaii have this rule, even if you're paying in cash. I guess I just wish we had been told up front, and could have had it taken care of while we were there.

We live in California and did not require our contacts to be notarized when we bought BLT. We did not use financing.

Maybe the rules are different if you use credit?

 

[kjd469]

We live in California and did not require our contacts to be notarized when we bought BLT. We did not use financing.

Maybe the rules are different if you use credit?

We are not using credit... we're paying cash. What they told me is if you buy a DVC interest in Florida, you do not have to have the contract notarized, but if you buy Aulani, which is in the state of Hawaii, Hawaii law requires the contract to be notarized by a U.S. notary...this will be the case whether or not you pay cash or finance and will be for everyone that buys at Aulani.

 

[walkdmc]

That would be upsetting.

I'm surprised Disney doesn't have a notary on call for such occasions, even on the cruise ships. I'm a little surprised that they would just tell you to get a notary when you're obviously a great customer to them. It's not good CS, IMO.

 

[2disneydads]

I'm a lawyer and I have handled real estate transactions in many states (not Hawaii, though). Every state whose laws I've researched has a provision dealing with the notarization and acknowledgment of real estate documents outside of that jurisdiction. No state, especially Hawaii, with its substantial international vacation home community, can afford to be so provincial as to require only US notarization. Did every Japanese timeshare owner have to trot down to the US embassy in Tokyo? I doubt it. If I have some time tonight I'll try to look at relevant provisions of Hawaiian law. At a minimum, you should have Member Services - go to Quality Assurance - confer with the lawyers who work on the DVC projects. I think that you'll get a more satisfactory answer.

 

[kjd469]

I'm a lawyer and I have handled real estate transactions in many states (not Hawaii, though). Every state whose laws I've researched has a provision dealing with the notarization and acknowledgment of real estate documents outside of that jurisdiction. No state, especially Hawaii, with its substantial international vacation home community, can afford to be so provincial as to require only US notarization. Did every Japanese timeshare owner have to trot down to the US embassy in Tokyo? I doubt it. If I have some time tonight I'll try to look at relevant provisions of Hawaiian law. At a minimum, you should have Member Services - go to Quality Assurance - confer with the lawyers who work on the DVC projects. I think that you'll get a more satisfactory answer.

Thank you

 

[2disneydads]

Here is an e-mail address for the group at the Hawaii Attorney General's office that handles notarial questions. They might be able to give you some guidance: atg.notary@hawaii.gov. You also might to look at Section 13-16-12 of the Hawaii Administrative Rules. The section seems to indicate that notarization by a foreign notary would be acceptable if the document is accompanied by a certificate of a US consular or diplomatic official in Mexico or a Mexican consular or diplomatic official in Hawaii verifying the foreign notary's authority. That does not sound too helpful, but there has to be a way around this.