Strike 2

[Cinderella624]

I need all thoughts here! I received a call from my broker today. I thought she was calling to inform me about the status of our ROFR. Well no! She told me the seller of the contract "Acidentally" used 42 points of the 120 banked points not the contract I was in the process of purchasing! Apparently Disney discovered that the contract had discrepancies and contacted her about this error. Mind you this Friday would have been 30 since my contract was sent for ROFR. The seller wants to "credit" me $217. For using the 42 points. I have already had this seller not sign contracts in time for the 4/4 deadline and I renegotiated for a lower price....now this! I'm just fed up! My broker graciously informed me that they will allow me to back out of the purchase and fully refund my deposit. I told her I am not feeling comfortable with these sellers and they should credit me $14 a point, just as if they had borrowed them from say Davids DVC rentals. I'm just afraid if I continue with this transaction these sellers my drag it on into mid summer.
Please help with any thoughts or experiences.
Thanks

 

[disneynutz]

Depends on the total price and how badly you want the contract. If you don't care, counter with the larger credit and see what happens.

If it makes you feel any better, we have purchased direct and had Disney screw up the contracts more than once.

Bill

 

[Coamfo]

LOL they want to give you $5.17 per point....that'd be a huge no way from me. If you want to move forward I'd take no less than $12 per point for the 42.

 

[Dean]

I need all thoughts here! I received a call from my broker today. I thought she was calling to inform me about the status of our ROFR. Well no! She told me the seller of the contract "Acidentally" used 42 points of the 120 banked points not the contract I was in the process of purchasing! Apparently Disney discovered that the contract had discrepancies and contacted her about this error. Mind you this Friday would have been 30 since my contract was sent for ROFR. The seller wants to "credit" me $217. For using the 42 points. I have already had this seller not sign contracts in time for the 4/4 deadline and I renegotiated for a lower price....now this! I'm just fed up! My broker graciously informed me that they will allow me to back out of the purchase and fully refund my deposit. I told her I am not feeling comfortable with these sellers and they should credit me $14 a point, just as if they had borrowed them from say Davids DVC rentals. I'm just afraid if I continue with this transaction these sellers my drag it on into mid summer.
Please help with any thoughts or experiences.
Thanks

The value depends on where you are in UY and how the dues are being handled otherwise. All else equal and neutral and you'd have plenty of time to use the contract or rent the points, that's low. If there are only a few months left in the UY and your'e not paying dues on the points anyway, that may be reasonable.

 

[Deb & Bill]

So they are 2015 SSR points. $5.17 is the price for dues on those points.

 

[KAT4DISNEY]

I remember the issues and renegotiation you went thru. This is rather ridiculous without a doubt but personally I think you got a good deal in the renegotiation (looked at the ROFR thread) and are getting the dues paid on the 2016 points also so it still remains a nice deal. There's a decent amount of time you could have used the banked points but I think I'd see about getting $420 credit although I'm also not certain how easily you'd be able to match the deal without it taking a bit of time. Ie, it reduces the value but as its a couple hundred not a couple thousand to consider vs the hassle of starting over.

 

[DizBub]

Oooh, I SO want to tell you to walk away from this contract....but that would mean you would have to start all over. Been there, done that.

If you can negotiate a larger settlement for the "accidentally" used points it may be worth going forward. In my honest opinion when these sellers agreed to sell you this contract those 42 points are legally yours and they should agree to pay you the going rental price.

Best of luck.

 

[Cinderella624]

I remember the issues and renegotiation you went thru. This is rather ridiculous without a doubt but personally I think you got a good deal in the renegotiation (looked at the ROFR thread) and are getting the dues paid on the 2016 points also so it still remains a nice deal. There's a decent amount of time you could have used the banked points but I think I'd see about getting $420 credit although I'm also not certain how easily you'd be able to match the deal without it taking a bit of time. Ie, it reduces the value but as its a couple hundred not a couple thousand to consider vs the hassle of starting over.

I agree it's a good deal but I'm paying 2016 points. I think if they paid 2016 dues and comped me 400 I'd be ok

 

[Cinderella624]

Oooh, I SO want to tell you to walk away from this contract....but that would mean you would have to start all over. Been there, done that.

If you can negotiate a larger settlement for the "accidentally" used points it may be worth going forward. In my honest opinion when these sellers agreed to sell you this contract those 42 points are legally yours and they should agree to pay you the going rental price.

Best of luck.

That's what I thought! I really think I may just walk away. I keep getting weird feelings that more "oopses" May show up

 

[Dean]

That's what I thought! I really think I may just walk away. I keep getting weird feelings that more "oopses" May show up

Offer such that it's win win for you. They say no and you get out whole or if they say yes, you get an even better deal.

 

[Cinderella624]

Offer such that it's win win for you. They say no and you get out whole or if they say yes, you get an even better deal.

Good idea! I have today to think over what would be good and get back to my broker this evening.

 

[CraigInPA]

I'd go back to them and say that I want the full value of those points on the open rental market, $588 ($14 per point). It's unlikely the seller would balk at this, especially since they were the cause of the problem, and they are so close to cashing out.

 

[FirstTimeDisneyVisit]

Agree as well. I would ask for what ever makes you feel better about this deal. The proccess is long and totally understand not wanting to start over.. This sux that it happened I hope it all works out for you . Good luck

 

[Dean]

I'd go back to them and say that I want the full value of those points on the open rental market, $588 ($14 per point). It's unlikely the seller would balk at this, especially since they were the cause of the problem, and they are so close to cashing out.

For SSR banked points that's more than their worth and even then would assume that the buyer were paying dues on the points in question and had plenty of time to use or rent them. The price offered is not unreasonable if they are not paying dues on those points and they are going to be in the middle of the UY when the buyer has direct access. If they reimbursed for 2015 points and/or have a lot of time to use them, it's low but not $14 PP low. But one could offer that and be prepared to walk away if they said no. I wouldn't negotiate further in this situation, I'd state what would be acceptable and hold firm then walk away if not agreed to. I assume it'll have to go back to DVC for ROFR but hopefully will still be grandfathered if applicable.

 

[miTnosnhoJ]

I would walk away. They misrepresented their property. You can offer a lower offer, but I think that that puts it into ROFR again, since Disney gets a shot a taking it on the same terms you do. So I would walk away and start over again.

 

[KAT4DISNEY]

I agree it's a good deal but I'm paying 2016 points. I think if they paid 2016 dues and comped me 400 I'd be ok

Ah - I thought your post on the ROFR thread said seller was paying the 2016.

I'd figure out what would make me happy and place that offer out there. I doubt that Disney will add a bunch of time to the ROFR in this case although one never knows but the price you are getting is still a very decent one for a contract that size and I still think it would take a bit of time to get there again. And this is from someone who did walk away from a contract when the points were not the same as represented. At that time brokers checked with Disney before the contracts went to ROFR so definitely not as far into it but my deal was just the norm and I there was another one right there for me.

 

[cvjw]

If you walk away, are you giving up on a contract that is grandfathered in to the better DVC perks only to purchase a contract without the perks?

That would influence my decision. If the current contract grandfathers you in, I would eat the $200 and keep the contract. For the AP discounts, if nothing else

 

[CMNJ]

If you walk away, are you giving up on a contract that is grandfathered in to the better DVC perks only to purchase a contract without the perks?

That would influence my decision. If the current contract grandfathers you in, I would eat the $200 and keep the contract. For the AP discounts, if nothing else

No her contract was not grandfathered in because the seller didn't send back the documents quickly and it was not submitted for ROFR before 4/4 (that was strike 1)-so she renegotiated the contract but with the belief she was getting the 42 points that she has now discovered were actually used (strike 2).

 

[Cinderella624]

No her contract was not grandfathered in because the seller didn't send back the documents quickly and it was not submitted for ROFR before 4/4 (that was strike 1)-so she renegotiated the contract but with the belief she was getting the 42 points that she has now discovered were actually used (strike 2).

Exactly! So I will try to call and see if the seller will pay 14 a point for the 42 if not I'm dropping the sale and calling it a day.

 

[jedcaum]

It wasn't accidental. I'd remember that in my counter. They are trying to skin you because they felt like you skinned them in the renegotiation. These are tit for tat people, not fun do do real estate transactions with. It also sounds like they are having a little seller's remorse between the delay in signing and now the use of additional points. If you do deal with them more, I'd do so with no mercy and with every intent of walking away if they don't jump to your tune.

When we bought our house in 2011, the seller was a maniac and got angry and resentful about every single thing in a normal transaction (home inspection, requests for credits for deficiencies and code issues, etc.) We found out later that a) she was crazy, like charged with crimes-type crazy and b) was forced to sell the house in a divorce proceeding brought on by her raging crazy.

She balked at every reasonable thing, forced a bidding war once we'd come to terms more than once. We loved the house so we stayed in it, but it was a nightmare. When we finally had a closing date and inspections, she didn't want to do anything, didn't want to pay for any problems she'd tried to hide, etc., etc. It finally came to a head and I lost my cool completely when I went to use the restroom during an inspection visit and the toilet that she swore she'd fix didn't flush. I told my agent I wanted $2000 for the toilet. He told me I was crazy. I told him I was tired of her games and I'd lose the house over it, but that toilet was going to cost her $2000 if she still wanted our check later that week, and if he wanted his commission he'd better communicate our instructions clearly.

She blinked, and I got a $2000 toilet. But she threw a garage door opener at my head at close. So there's that.