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

[Matty B13]

I think sndral is correct in that the broker is a Buyer/Seller broker and does have responsibilities to both parties in every transaction. I would be looking for some compensation.

 

[TexasChick123]

I think sndral is correct in that the broker is a Buyer/Seller broker and does have responsibilities to both parties in every transaction. I would be looking for some compensation.

You can always ask. If you don’t ask, then the answer is always “no”. Maybe you’ll get a few hundred dollars in Disney GC’s out of it or something for the trouble. The broker clearly dropped the ball, and while I don’t recommend suing them, asking for some type of compensation isn’t a bad idea at all.

 

[Matty B13]

You can always ask. If you don’t ask, then the answer is always “no”. Maybe you’ll get a few hundred dollars in Disney GC’s out of it or something for the trouble. The broker clearly dropped the ball, and while I don’t recommend suing them, asking for some type of compensation isn’t a bad idea at all.

I'm definitely not suggesting suing the broker, only the lawyers would win in that situation, I would ask the broker for compensation.

 

[Best Aunt]

Update: spoke to MS and they confirmed the reservation and said it would be a few WEEKS before I would get a membership number!!!!! I explained the sellers are using MY contract and that can’t be right, They told me the reservation was written into the contract I signed and to re-read the contract. I did! It’s not there.

This is the part I don't understand. Anybody can go to the Orange County Comptroller website to look up a deed. So how is Member Services claiming that a clause is in a contract, if the clause is not in there? It's not like the deed is some secret document which Member Services can see but OP cannot see.

 

[TexasChick123]

I'm definitely not suggesting suing the broker, only the lawyers would win in that situation, I would ask the broker for compensation.

I was agreeing with you. I know you weren’t one of the ones that recommended suing. You’re absolutely right that only the lawyers will win in a suit like this.

 

[Whositsgalore]

This is the part I don't understand. Anybody can go to the Orange County Comptroller website to look up a deed. So how is Member Services claiming that a clause is in a contract, if the clause is not in there? It's not like the deed is some secret document which Member Services can see but OP cannot see.

The deed to the property interest is what is recorded. I'm not sure exactly what Disney is looking at by saying "it's in the contract you signed, re-read it". I can only assume that it has something to do with the close by date. According to my broker the contract was supposed to read something along the lines of "close AFTER July 5th" but it didn't say that. It reads, this contract shall be closed on or before July 22nd OR within 2 weeks of the title companies receipt of estoppel. The within 2 weeks of estoppel was met so the terms of the contract was met; however, the contract should have read more along the lines of, this contract shall be closed on or before July 22nd but not prior to July 5th.

 

[Whositsgalore]

I think sndral is correct in that the broker is a Buyer/Seller broker and does have responsibilities to both parties in every transaction. I would be looking for some compensation.

I know my broker made a big mistake and while i'm not entirely comfortable with the situation, I feel kind of worse benefiting from their honest mistake. Plus with them offering to replenish any lost points with their personal points 100% makes me feel better. I was assured they were using 2017 points and since I didn't pay for those I'm not loosing anything really, just a little time and some sanity. HA!

 

[Matty B13]

I know my broker made a big mistake and while i'm not entirely comfortable with the situation, I feel kind of worse benefiting from their honest mistake. Plus with them offering to replenish any lost points with their personal points 100% makes me feel better. I was assured they were using 2017 points and since I didn't pay for those I'm not loosing anything really, just a little time and some sanity. HA!

That sounds like the best course of action, glad your able to roll with the punches. It will be a story you can tell when your sitting at the DVC resort enjoying!

 

[motherof5]

They did see me in the system but said that the reservation was on my signed contract so there was nothing they could do. It’s not on my contract and my broker did say they messed up. At this point I can only assume that’s why Disney hasn’t cancelled the reservation, because to them I signed a contract acknowledging the reservation (even though I didn’t). The only good news is they are using 2017 points which I didn’t purchase.

I would say just leave it mistakes happen and they didn't take any of your points. Sorry you had to go through this but it is neither your fault or the sellers, they shouldn't be punished and have their vacation cancelled when it was your broker's error. Can't believe Disney closed early on this though. I had to wait a extra 2 months to close on mine for the reservation they had booked.

 

[motherof5]

I know my broker made a big mistake and while i'm not entirely comfortable with the situation, I feel kind of worse benefiting from their honest mistake. Plus with them offering to replenish any lost points with their personal points 100% makes me feel better. I was assured they were using 2017 points and since I didn't pay for those I'm not loosing anything really, just a little time and some sanity. HA!

You sound like a very nice and reasonable person. Have a great time when you get to use your points and hear CM say Welcome Home

 

[KAT4DISNEY]

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.

What does it state for a closing date in the agreement and/or contract? If it's worded that it won't close until after July xx then that would be covering the reservation. It wouldn't necessarily spell out an existing reservation.

No doubt that both the broker, title company and DVC messed up by closing early but your still getting what you paid for and at least only a weeks wait and not a month or more. Soon it will become a story to tell about your resale purchase.

 

[disneyeveryyear]

@Whositsgalore - I am sorry you are having to go through this, but you are handling it with grace. I am glad to see that not everyone's first inclination is to sue or make $ off of someone's mistake.

I hope this doesn't mess with any 11 month or 7 month windows for making reservations.

I would politely ask and see if your guide can expedite getting you a membership number.

 

[gharter]

Sounds like a mess. You said they are using 2017 points and you didn't pay for them. When the contract was listed, did it show any 2017 points with it or did it show 0 2017 points? If 2017 points were listed with the contract, they are yours, not the previous owners. If none were listed, but they existed, ( as the reservation showed) and were not used before you closed, that is a gray area for you to persue or not as you wish. The important part is going forward, that you have all the 2018 points that you are supposed to have.
Hope the rest of your DVC journey is much smoother.