**UPDATE** Has this happened to any other resale buyers? Fidelity made it right!

[TheDailyMoo]

This sounds like a screw up by Fidelity and the title company unless the seller sent them a screenshot from another contract. They way those points add up it sounds like they had a cruise booked for sometime after their use year in 2024 began. They probably borrowed 27 points from 2025, used the full allotment of 2024 points and borrowed their full allotment from 2023 which is where the 327 came from. I would not be surprised if the other 151 were transferred in from another contract they owned which might explain where the additional points to get to 478.

The seller may have been unaware that the points could not be transferred back, which might be the case since the rules are so confusing with that stuff, which might also explain why the original listing had 2023 points as well. Either Fidelity looked at something incorrectly and maybe just assumed that the 123 listed for 2025 was really 2024 because it wouldnt make sense to have points taken from 2025 on what they were told was a loaded contract or the seller sent them something from a wrong contract. My guess is this was a fidelity screw up more than anything and a poor job done by the title company

I think you're spot on about this. And Fidelity hasn't responded to any of my emails the last few days so it just seems more and more that they screwed up pretty badly here. Going to file a complaint with Florida AG and see where things go from there. In the meantime everyone who deals with Fidelity make sure you confirm the sellers points as it seems that Fidelity isn't exactly on top of their game right now.

 

[intamin]

I think you're spot on about this. And Fidelity hasn't responded to any of my emails the last few days so it just seems more and more that they screwed up pretty badly here. Going to file a complaint with Florida AG and see where things go from there. In the meantime everyone who deals with Fidelity make sure you confirm the sellers points as it seems that Fidelity isn't exactly on top of their game right now.

I'm so glad I never worked with them. It's funny that they had the man power to make those educational DVC videos on youtube but they can barely do their job.

 

[CarolynFH]

Going to file a complaint with Florida AG and see where things go from there.

Good for you. I'd also file with the real estate brokers' licensing agency, whatever that is for Florida, because you did not receive the real property you bought. I think there's also an entity that regulates timeshares, but they may not have anything to do with sales/resales.

 

[NorCalFanatic]

.

 

[HyperspaceMountainPilot]

What a disaster. I have nothing but sympathy for you (and a bit of horror too, I guess), and I cannot believe that Fidelity is now ghosting you. It’s one thing to make an error or get conned by a seller, it’s another thing not to make it right.

 

[TheDailyMoo]

What a disaster. I have nothing but sympathy for you (and a bit of horror too, I guess), and I cannot believe that Fidelity is now ghosting you. It’s one thing to make an error or get conned by a seller, it’s another thing not to make it right.

I'm making one more attempt to reach out tomorrow to see if I can at least speak to someone who cares. It's been over a week now. I shouldn't have to be begging for contact in such a negligent breach of contract case. They should be wanting to get this cleared up as quickly as possible. Of course if they messed up I'm sure they're trying to figure out what to do or what to say. After tomorrow it's straight to the Time Share board complaint, Florida AG, BBB, and then speak to a lawyer to begin some sort of litigation. And to also make sure everyone knows that Fidelity is at fault and to be very wary when looking to purchase DVC from them. And as highly as I've spoken about Cammy I will not recommend her anymore either. I have heard other closing agents verify points right before closing and it is absolutely worth going with someone a little slower but more thorough and careful.

 

[DonMacGregor]

I think you're spot on about this. And Fidelity hasn't responded to any of my emails the last few days so it just seems more and more that they screwed up pretty badly here. Going to file a complaint with Florida AG and see where things go from there. In the meantime everyone who deals with Fidelity make sure you confirm the sellers points as it seems that Fidelity isn't exactly on top of their game right now.

I'd be sending letters to the seller, DVC Title, and Fidelity, putting them on notice that I am in the process of retaining legal counsel, and contemplating seeking remedy in the courts. Time to start rattling cages.

 

[AnnaS]

(sorry did not get a chance to catch up with all the pages). Are they on FB? Can you make a comment for them to contact you? You have been trying to reach them.....how about posting as a potential buyer? Hopefully they answer and you can talk to them.

 

[LittleBitGoofy]

I'm making one more attempt to reach out tomorrow to see if I can at least speak to someone who cares. It's been over a week now. I shouldn't have to be begging for contact in such a negligent breach of contract case. They should be wanting to get this cleared up as quickly as possible. Of course if they messed up I'm sure they're trying to figure out what to do or what to say. After tomorrow it's straight to the Time Share board complaint, Florida AG, BBB, and then speak to a lawyer to begin some sort of litigation. And to also make sure everyone knows that Fidelity is at fault and to be very wary when looking to purchase DVC from them. And as highly as I've spoken about Cammy I will not recommend her anymore either. I have heard other closing agents verify points right before closing and it is absolutely worth going with someone a little slower but more thorough and careful.

As someone above mentioned, also contact the real estate board there in FL.

 

[DisneyMimiUSMC]

I'd be sending letters to the seller, DVC Title, and Fidelity, putting them on notice that I am in the process of retaining legal counsel, and contemplating seeking remedy in the courts. Time to start rattling cages.

This is the way. This should motivate them to respond. They're probably hoping you give up.

 

[mkatsy]

I'm making one more attempt to reach out tomorrow to see if I can at least speak to someone who cares. It's been over a week now. I shouldn't have to be begging for contact in such a negligent breach of contract case. They should be wanting to get this cleared up as quickly as possible. Of course if they messed up I'm sure they're trying to figure out what to do or what to say. After tomorrow it's straight to the Time Share board complaint, Florida AG, BBB, and then speak to a lawyer to begin some sort of litigation. And to also make sure everyone knows that Fidelity is at fault and to be very wary when looking to purchase DVC from them. And as highly as I've spoken about Cammy I will not recommend her anymore either. I have heard other closing agents verify points right before closing and it is absolutely worth going with someone a little slower but more thorough and careful.

I'm all about giving people a chance to make it right, but at this point it's starting to sound like a timeshare scam. I'd call these folks and put fidelity on blast. https://www.wftv.com/news/take-action/286689824/

 

[Cfabar1]

Mistakes happen, but the fact no one is willing to be accountable is a big problem.

 

[DonMacGregor]

This is the way. This should motivate them to respond. They're probably hoping you give up.

This IS the way...

 

[pianomanzano]

FWIW, a previous buyer of a Fidelity contract posted here with a similar issue and they were able to get the seller to pay the $25/pt. (https://www.disboards.com/threads/fidelity-strikes-again-help.3900648/). I know there's a couple more instances of this with this particular broker in other threads. I'd look for the other posts if you're trying to build up a case for your filings OP. The fact that this isn't even the first instance is really concerning about what kind of QA/QC they do before listing contracts, you'd think they'd learn from these egregious errors!

Edit: here's another one (https://www.disboards.com/threads/contract-addendum-help.3889538/) that links to two other previous instances with this broker.

 

[RichVIII]

It’s frustrating that often times it takes a letter from attorney to get action. Back during the start of the pandemic, I had an event contract with a hotel. As the world started shutting down, they stopped responding and said their property was open so the event could still happen. After they got a letter from my attorney - they suddenly wanted to talk and be good partners. Despite me having good luck with them, potential buyers need to be aware of their sloppy work. This will cost them more than just making it right.

 

[Disneykate605]

I'm confused how you can be billed by DVC for membership fees on points they know you didn't get. They should send the bill to the previous owner. DVC knows the points were never in your possession...they were used ( converted to reservation points) before the contract was yours. If they can't give you information about those points specifically because they can't talk about somebody else's membership then they can't charge you for points that are in someone else's membership.
If it was me I would argue that I was entitled to the $25 pp for the missing points because that is what the contract says AND since I didn't get the points I'm not responsible for the dues on the points. I see the $25 pp as a remedy for the missing points...and since you are not actually getting them you shouldn't have to pay for them!
Good luck OP!! I hope the situation is straightened out soon and you are happy with the eventual outcome!

 

[DonMacGregor]

It’s frustrating that often times it takes a letter from attorney to get action. Back during the start of the pandemic, I had an event contract with a hotel. As the world started shutting down, they stopped responding and said their property was open so the event could still happen. After they got a letter from my attorney - they suddenly wanted to talk and be good partners. Despite me having good luck with them, potential buyers need to be aware of their sloppy work. This will cost them more than just making it right.

Bingo...

 

[zavandor]

I'm confused how you can be billed by DVC for membership fees on points they know you didn't get. They should send the bill to the previous owner. DVC knows the points were never in your possession...they were used ( converted to reservation points) before the contract was yours. If they can't give you information about those points specifically because they can't talk about somebody else's membership then they can't charge you for points that are in someone else's membership.
If it was me I would argue that I was entitled to the $25 pp for the missing points because that is what the contract says AND since I didn't get the points I'm not responsible for the dues on the points. I see the $25 pp as a remedy for the missing points...and since you are not actually getting them you shouldn't have to pay for them!
Good luck OP!! I hope the situation is straightened out soon and you are happy with the eventual outcome!

Dues are always billed on January, regardless of the status of the contract.
Actually, if there is a tax refund or additional bill, it's credited/billed to the new owner, even if the taxes are for the previous year, when the contract was owned by someone else.
Knowing the points in the contract, one can try to negotiate the seller to pay the dues on missing points. Of course, if one knows that points are not there!

 

[Sandisw]

I'm confused how you can be billed by DVC for membership fees on points they know you didn't get. They should send the bill to the previous owner. DVC knows the points were never in your possession...they were used ( converted to reservation points) before the contract was yours. If they can't give you information about those points specifically because they can't talk about somebody else's membership then they can't charge you for points that are in someone else's membership.
If it was me I would argue that I was entitled to the $25 pp for the missing points because that is what the contract says AND since I didn't get the points I'm not responsible for the dues on the points. I see the $25 pp as a remedy for the missing points...and since you are not actually getting them you shouldn't have to pay for them!
Good luck OP!! I hope the situation is straightened out soon and you are happy with the eventual outcome!

That is why they set it at $25 though as you may owe the dues. With resale, everything is negotiable and DVD has now way of knowing who paid who for what. They bill the current owner for dues.

As frustrating as this is, and it’s sad it’s going to potentially take a legal threat to get what is owed…that $25/pt, is meant to compensate the buyer for missing points.

Honestly, this should have been settled as soon as the broker was notified. They should have cut a check for the amount of the missing points per the contract.

It’s the actions since that are just wrong.

 

[intamin]

That is why they set it at $25 though as you may owe the dues. With resale, everything is negotiable and DVD has now way of knowing who paid who for what. They bill the current owner for dues.

As frustrating as this is, and it’s sad it’s going to potentially take a legal threat to get what is owed…that $25/pt, is meant to compensate the buyer for missing points.

Honestly, this should have been settled as soon as the broker was notified. They should have cut a check for the amount of the missing points per the contract.

It’s the actions since that are just wrong.

Fidelity makes how much in commission per contract again? The fact that they’re not willing to make the buyer whole for less than 4,000 and have decided it’s better to ignore the buyer says a lot more about them than they could ever put in words.