Waiting to find out about a sellers reservation AFTER closing! WHAAAT?

[Whositsgalore]

Not for strangers, but if it's a family transfer they'll let you keep the reservations. So, different situation but IMO worth mentioning so family transfer people don't panic upon reading this (like I did a couple years back).



True.

Though I'm not even sure what the guide could have done for the OP yet anyway, since they aren't quite yet full members.



No, they allow it, but it's supposed to be in the contract that it wouldn't close until after the vacation.




But you should have known about this ahead of time.

(and that checking a box thing sounds like the way they allow family transfers to happen, which is interesting to me since I'm going through that right now)

Regardless of if Disney didn't kick it back, you should have known this ahead of time.

Exactly! Knowing prior, not a big deal but finding out the way I did isn’t cool.

 

[Whositsgalore]

This is the craziest thing ever! Are all the points accounted for otherwise?

According to my broker the points being used for their reservation next week is 2017 points. If that’s in fact the case, okay. I didn’t purchase 2017 points only 2018 and I was assured those were fully intact.

 

[Whositsgalore]

I’m sorry, if you closed, it’s your contract. Whatever error happened was not on you.

I would demand that the reservation be cancelled. I would not let someone take a trip on my points without my permission.

That might be harsh, but it’s on the title company to make this right with the seller; not you.

They are now trespassing on your real property.

I’d tell the broker, title company and DVC that if that reservation happens, I will consider it a theft of use of my real property and hold them responsible for their complicity.

They can’t just tell you AFTER you closed that they intended to hold the closing for a reservation. Oops, my bad! Umm, I really don’t think so. That’s up front full disclosure requirements. I would not just wink and nod at that.

This is a big problem, but it shouldn’t be YOUR problem.

I feel the same way and I expressed to both my broker and Disney MS that it feels just wrong for someone else to be using my contract (even though it’s not my points). They are using 2017 points which I didn’t purchase. Still it feels unsettling. As far as Disney is concerned I accepted and was aware of the reservation, even though I did not, so there’s nothing they can do. At this point I wait until after their stay and then my contract can finally transfer in the DVC system.

 

[Drewferin]

This reservation should fall through went they check in right?? If the person checking in doesn't match the membership names isn't this a red flag. I agree about throughing a fit until MS connects you to a manager, director, VP or somebody with a brain. Total BS... Threaten to sue them that will get their attention. Your broker and title company fees should be reimbursed or sue them as well. They didn't do their FULL job .

 

[southerngirl528]

This reservation should fall through went they check in right?? If the person checking in doesn't match the membership names isn't this a red flag.

Not really. Members book for other people all the time. All a member need do is to make certain the rez is in the correct name. Front Desk simply verifies photo I.D. matches the name on the rez.

Threaten to sue them that will get their attention.

I respectfully disagree in this scenario. Whositsgalore needs to wait just a week and all will be hunky dory. It would be nice if her broker would do a little something since they have admitted it was their error. Legal battles are pricey. And STRESSFUL.

 

[Firepath]

So what would happen if the person on the reservation causes damage or doesn't pay their room charges? Would that legally be the responsibility of the owner? I think it most other situations it would. It's concerning that they have exposed you to that possibility.

 

[southerngirl528]

So what would happen if the person on the reservation causes damage or doesn't pay their room charges? Would that legally be the responsibility of the owner? I think it most other situations it would. It's concerning that they have exposed you to that possibility.

While legit concerns, I suppose, this person was a member for at least some time. It is highly unlikely for that kind of thing to happen. I can't recall the last time I read on the boards about a renter doing damages. I'm sure it happens every once in a blue moon, but I would hate for the OP to stress themselves further over something highly unlikely.

In the remote instance something did happen, apparently the contract clearly shows the former owner was going to use the rez in question. Seems that would not be too tough of a legal chase. JMHO.

 

[Drewferin]

Do DVC stays still require a credit card at check in? If not, couldnt they run up a bill for gifts and food and make the new buyer suffer?

I meant to threat to sue Disney, title company and broker. They all failed. Might get something out of it for somebody or everybody.

 

[NewbieMom]

According to my broker the points being used for their reservation next week is 2017 points. If that’s in fact the case, okay. I didn’t purchase 2017 points only 2018 and I was assured those were fully intact.

Wow, this is so crazy! Is there anyway to verify that the reservation is in fact, using 2017 points? What if you get your membership # and account setup in a couple weeks, and 2018 points are missing? Would you have no recourse because you "agreed to" this reservation?

 

[TexasChick123]

OP, I’m very sorry this happened to you. No one wants to start their DVC experience this way. Check your original contract and not just the closing documents. Disney is referencing something where you signed off on this. Those are separate docs that you signed at separate times.

To all the others regarding suing, chill out. Lawsuits are expensive and she would collect little to no damages in a case like this. It would cost more in attorneys’ fees and court fees to sue than she’d get in damages. I agree with the PP that the incidence of renters damaging property, running up bills, etc. is scarce at best. I’m sure if she combs through every document she signed, the reservation is listed in there somewhere. If so, she can’t claim ignorance to it.

Also, everyone look at it from the sellers’ POV. They have a trip planned, probably with family, flights purchased, etc. How would any of you feel if your vacation was cancelled because your broker or title company screwed up?!? The seller would have much better standing to sue in this case as they are paying for services rendered to the broker. A one week delay for getting access to your account which never should have been closed before a certain date won’t produce damages unfortunately. She will be in the same position as she would’ve been had it waited to close. Only difference is if the sellers trash the place or run up bills. How likely is that? Not very. In that case, a lawsuit would be an easy win.

I’d chalk this up to a crazy story that you have to tell for years to come. Don’t fault the sellers for your broker’s mistake.

 

[Mumof4mice]

Sorry to hear of the misadventure, Whositsgalore! Hopefully all will be okay next week when you officially get access to your account.

 

[Whositsgalore]

OP, I’m very sorry this happened to you. No one wants to start their DVC experience this way. Check your original contract and not just the closing documents. Disney is referencing something where you signed off on this. Those are separate docs that you signed at separate times.

I checked the original contract and the closing documents, it’s not there. My broker explained it won’t be because it’s a box they check in their system which is supposed to put a “can’t close until” date on it. Instead it reads as if there is no reservation currently. Since that didn’t get checked everything went through on our end but all Disney sees is it was “cleared” so to speak with me.

I have no intention of suing anyone. My broker admitted their mistake immediately and explained what happened not to mention apologized numerous times. While it is frustrating and slightly awkward to know someone else is using my contract it’s understandable and as long as I get the points I paid for then no harm no foul, I suppose. In the end I would have had to wait to close or wait to get a member number....either way I wait. Of course I would have preferred knowing all this prior, it wouldn’t have made me change my mind about the contract. I’m happy with it and the price I paid.

In the end I should have not been able to close until July 5th, we did and here we are. I’m easy as long as I get my full 2018 points.

 

[Whositsgalore]

Wow, this is so crazy! Is there anyway to verify that the reservation is in fact, using 2017 points? What if you get your membership # and account setup in a couple weeks, and 2018 points are missing? Would you have no recourse because you "agreed to" this reservation?

The broker assured me the points were 2017 points. She also said and also put in writing that after points are loaded into my account, if I am short any points at all she will transfer that number of her personal points to me. That to me is very nice and a huge comfort.

 

[NewbieMom]

The broker assured me the points were 2017 points. She also said and also put in writing that after points are loaded into my account, if I am short any points at all she will transfer that number of her personal points to me. That to me is very nice and a huge comfort.

That is comforting to know that she is holding herself accountable for the points you bought.

 

[southerngirl528]

Do DVC stays still require a credit card at check in?

Yes. They do. And if a guest does online check-in, this is part of the process as well.

 

[Matty B13]

I would say that the broker should refund you at least 1/2 the commission for THEIR screw up, they are suppose to be professionals and this is a legally recorded deed, not a small purchase at a corner store.

 

[TexasChick123]

I would say that the broker should refund you at least 1/2 the commission for THEIR screw up, they are suppose to be professionals and this is a legally recorded deed, not a small purchase at a corner store.

Legally, they can’t. She didn’t pay the broker, the seller did. There are a lot of laws about this. The contract for the commission is between the broker and the sellers. The buyer is not a party to this contract for the listing and commission fees. I understand she technically paid it, but that isn’t the way these agreements work. :/

 

[TexasChick123]

I checked the original contract and the closing documents, it’s not there. My broker explained it won’t be because it’s a box they check in their system which is supposed to put a “can’t close until” date on it. Instead it reads as if there is no reservation currently. Since that didn’t get checked everything went through on our end but all Disney sees is it was “cleared” so to speak with me.

I have no intention of suing anyone. My broker admitted their mistake immediately and explained what happened not to mention apologized numerous times. While it is frustrating and slightly awkward to know someone else is using my contract it’s understandable and as long as I get the points I paid for then no harm no foul, I suppose. In the end I would have had to wait to close or wait to get a member number....either way I wait. Of course I would have preferred knowing all this prior, it wouldn’t have made me change my mind about the contract. I’m happy with it and the price I paid.

In the end I should have not been able to close until July 5th, we did and here we are. I’m easy as long as I get my full 2018 points.

You have the right attitude about it. Sorry again that you’re starting the process this way, but I think it’ll be a crazy story you share.

 

[ziravan]

You have the right attitude about it. Sorry again that you’re starting the process this way, but I think it’ll be a crazy story you share.

You have a better attitude about it than I would.

(That’s a compliment.)

 

[sndral]

As I thought this issue came up almost a year ago - I can’t link as I’m on a portable device, but the thread was ‘Points not transferred’ from July 2017, and involved a failure to disclose a seller’s trip resulting in the buyer having to wait 2 weeks for the undisclosed seller’s trip before getting their membership/access to their points even though they had already closed.

Legally, they can’t. She didn’t pay the broker, the seller did. There are a lot of laws about this. The contract for the commission is between the broker and the sellers. The buyer is not a party to this contract for the listing and commission fees. I understand she technically paid it, but that isn’t the way these agreements work. :/

I’m no expert on Florida real estate law, but I do know that the agent/broker owes a fiduciary duty to both seller and buyer as a dual agent. As such she had a duty to disclose all conditions related to the sale. A pre existing reservation which must occur before the contract can be fulfilled is such a condition. It should have been disclosed to the buyer who could then decide whether to assume the additional risk and delay caused by the hidden condition.
The agent/broker needs to be reported to the licensing board in Florida so that she will not in the future neglect her fiduciary and ethical obligations IMO.