Contract Addendum Help

[RamblinWreck]

Points are available now as well but no bonus points included, that would have been a nice surprise! Although, I am not seeing the reservation transfer yet that Disney said they were holding for me. I am a little nervous since I just check and Poly is now booked up for one of our Jan dates so I sure hope that reservation they were holding for me transfers okay. I am going to call Disney to follow up on that.

You should definitely ask what became of the points for the reservation that was canceled.

It would be pretty awesome of them if they apply those ones to the trip that you are going on in January!

But if they seem to have just disappeared, that's not really right. I know you didn't pay for those points, but neither did Disney. Disney shouldn't be benefitting from this.

 

[supersnoop]

But if they seem to have just disappeared, that's not really right.

There are a lot of ways they could legitimately disappear. MS might have been able to transfer the reservation to a different contract that the seller still owns.

 

[BeachClub2014]

You should definitely ask what became of the points for the reservation that was canceled.

It would be pretty awesome of them if they apply those ones to the trip that you are going on in January!

But if they seem to have just disappeared, that's not really right. I know you didn't pay for those points, but neither did Disney. Disney shouldn't be benefitting from this.

Right! Given that they were never used, those points would have to be part of the new contract given that they were part of the old. Once the sales closed and the deed was recorded, all of the points should become the property of the new owner. I would think anyways. The points just don't evaporate.

 

[Kylie kaiser]

There are a lot of ways they could legitimately disappear. MS might have been able to transfer the reservation to a different contract that the seller still owns.

I believe that is what the plan was because from my gatherings it seems like the sellers had multiple contracts.

 

[RamblinWreck]

I believe that is what the plan was because from my gatherings it seems like the sellers had multiple contracts.

If that's how they worked it out, that's great!

Now someone just needs to slap the broker around some more.

 

[pianomanzano]

If that's how they worked it out, that's great!

Now someone just needs to slap the broker around some more.

Slap them where it hurts—their bottom line. I’m not going to do business with them ever bc I don’t trust them to do their due diligence. It’s not worth any amount of savings.

 

[Kylie kaiser]

Got a call back from the Disney rep that my vacation they held for me transferred over successfully, points are loaded and contract shows. Glad this mess is over.

 

[RoseGold]

There are a lot of ways they could legitimately disappear. MS might have been able to transfer the reservation to a different contract that the seller still owns.

How exactly could MS "legitimately" transfer points from an owner to another owner without their consent?

Where are the points?

 

[RamblinWreck]

How exactly could MS "legitimately" transfer points from an owner to another owner without their consent?

Where are the points?

This is a good point.

Those points belonged to the OP, legally speaking. She has every right to know what was done with them. And transferring the reservation would require her permission.

 

[karen4546]

Points are available now as well but no bonus points included, that would have been a nice surprise! Although, I am not seeing the reservation transfer yet that Disney said they were holding for me. I am a little nervous since I just check and Poly is now booked up for one of our Jan dates so I sure hope that reservation they were holding for me transfers okay. I am going to call Disney to follow up on that.

That is awesome! That means they canceled the seller’s reservation. I am glad this is working out for you. I can only imagine your frustration.

 

[BeachClub2014]

How exactly could MS "legitimately" transfer points from an owner to another owner without their consent?

Where are the points?

Right!?! If the OP was asked to sign an addendum to, in effect, have a "do-over" of the closing to allow the seller to use the points for a confirmed reservation, then those points have to be part of the underlying contract. Which was sold to the OP. I don't understand how DVC can just transfer them back to the seller into a different contract. They should be the OP's points, or I really don't understand how the points and contracts work.

 

[RoseGold]

Either Disney or the seller canceled the reservation. The contract has the agreed number of points. I'm assuming Disney is done giving OP all the points, which to be fair, they might not be.

If the correct point count is still the same after canceling, that means the reservation was stealing points after close anyway. That would mean that the seller was planning to steal agreed points after close and the broker straight up lied about that. And then they asked you sign an addendum to do it, wow.

Or, either the seller or Disney (!!!!!!) transfered the points or reservation out of the membership, after close, without consent. I have a hard time seeing Disney doing this. If the seller stripped points out of the contract after close, I would have a major issue.

I would give Disney a couple days to get it all sorted, call back the Disney contact, and try to figure out where the points are. Given the behavior in this thread, I know who my money is on.

 

[Sandisw]

Either Disney or the seller canceled the reservation. The contract has the agreed number of points. I'm assuming Disney is done giving OP all the points, which to be fair, they might not be.

If the correct point count is still the same after canceling, that means the reservation was stealing points after close anyway. That would mean that the seller was planning to steal agreed points after close and the broker straight up lied about that. And then they asked you sign an addendum to do it, wow.

Or, either the seller or Disney (!!!!!!) transfered the points or reservation out of the membership, after close, without consent. I have a hard time seeing Disney doing this. If the seller stripped points out of the contract after close, I would have a major issue.

I would give Disney a couple days to get it all sorted, call back the Disney contact, and try to figure out where the points are. Given the behavior in this thread, I know who my money is on.

Unless the seller has the reservation booked in the wrong membership and didn’t realize it.

If the sale did not include the points for the reservation then the new owner isn’t entitled to them as they did not pay the seller for them.

I mean they could have created a temporary contract in the sellers membership with the points and kept the reservation for them there

As long as the new owner got what she was entitled to, then the other piece, at least IMO isn’t really of concern now that it was settled.

 

[RoseGold]

Unless the seller has the reservation booked in the wrong membership and didn’t realize it.

If the sale did not include the points for the reservation then the new owner isn’t entitled to them as they did not pay the seller for them.

If it were a mistake, like the waitlist that filled in the other thread, the solution would have been to cancel it. Not give OP an addendum and not even offer to cancel it.

I find it very unlikely that the documents give the seller any access to the property after close. This would be a question for the title agent, if seller did transfer points out after close.

 

[KalamityJane]

Unless the seller has the reservation booked in the wrong membership and didn’t realize it.

If the sale did not include the points for the reservation then the new owner isn’t entitled to them as they did not pay the seller for them.

I mean they could have created a temporary contract in the sellers membership with the points and kept the reservation for them there

As long as the new owner got what she was entitled to, then the other piece, at least IMO isn’t really of concern now that it was settled.

I mean, it kind of matters because we don’t know if it was the seller being skeevy, the broker not doing their due diligence or what. If it’s the broker, I’d want to know for sure so I’d stay away from them (though personally I already will not be using them even though there is a contract I’m interested in that they have currently).

 

[Sandisw]

I mean, it kind of matters because we don’t know if it was the seller being skeevy, the broker not doing their due diligence or what. If it’s the broker, I’d want to know for sure so I’d stay away from them (though personally I already will not be using them even though there is a contract I’m interested in that they have currently).

I just mean that what MA did with the reservation and the points associated with them is not a concern of the buyer anymore since the contract was supposed to be void of it,

Its like when a contract includes a penalty to the seller if the contract is transferred and is missing points.

IMO, what probably happened is the points were transferred out of the contract to another membership this morning before it was moved to the buyer because MA had the documents that those points were not part of the sale.

But I am just guessing. I think it’s clear that this process needs to be clearer when MA gets transfer paperwork and finds a reservation.

It should trigger a call to both the broker and the buyer to confirm the details and if the broker doesn’t have paperwork to prove the buyer agreed to a delay or the buyer submits documents showing there was to be no delay, then the transfer is processed

 

[RoseGold]

I just mean that what MA did with the reservation and the points associated with them is not a concern of the buyer anymore since the contract was supposed to be void of it,

If the reservation was just stealing, it makes the addendum really beyond.

If it wasn't then there were points at closing that were OP's. Just because it's a mistake doesn't mean they get to use OP's property interest to fix it. If you leave the lamp in the living room and already closed the house, too late. You don't get to steal it back because it wasn't in the contract.

The closing was agreed by all, completed and recorded.

I would be very interested who transfered out those points. If I didn't answers I want, I would be letting regulatory agents figure it out. Especially with the addendum mixed in here, something doesn't sit right with this.

 

[Sandisw]

If it were a mistake, like the waitlist that filled in the other thread, the solution would have been to cancel it. Not give OP an addendum and not even offer to cancel it.

I find it very unlikely that the documents give the seller any access to the property after close. This would be a question for the title agent, if seller did transfer points out after close.

As someone who made mistakes in booking when selling contracts, it is easy to do…you don’t pay attention to the order, you forget to check which contracts were used when you booked, etc.

I sold a contract in 2020 that had a delayed closing because of my June reservation. Come to find out, after we passed ROFR, I realized that that trip was on my other membership and I didn’t need to delay it,

I asked if the buyers wanted to move things up and they did not. So, I can see how things can fall through the cracks.

All MA had to do is set up a temporary contract for the seller in their account to hold the points that were not part of the sale before they transferred it to the new buyer.

I can see your point about the lamp but I certainly would have no problem with the seller getting to keep the points as long as I got access to the points I bought. I would not want to have something I wasn’t entitled to.

ETA: I think the addendum was sent to the buyer so they had something to give to MA showing The buyer was in agreement to delay the transfer.

 

[RamblinWreck]

Unless the seller has the reservation booked in the wrong membership and didn’t realize it.

If the sale did not include the points for the reservation then the new owner isn’t entitled to them as they did not pay the seller for them.

I mean they could have created a temporary contract in the sellers membership with the points and kept the reservation for them there

As long as the new owner got what she was entitled to, then the other piece, at least IMO isn’t really of concern now that it was settled.

I don’t disagree with you that it’s right for the seller to be able to keep the res.

The problem is that nobody had the right to give permission to do that other than the OP. She already owned the contract and therefore also owned all the points on it, even if some of those points were never intended to go to the OP.

The paperwork for the sale is clear as well, it says any reservations on the contract after closing will be canceled.

I wouldn’t necessarily raise a huge stink over it and I’m glad it worked out for everyone. But it really shouldn’t have been done the way it seems to have been. Legally speaking, I believe that’s just stealing.

 

[Sandisw]

I don’t disagree with you that it’s right for the seller to be able to keep the res.

The problem is that nobody had the right to give permission to do that other than the OP. She already owned the contract and therefore also owned all the points on it, even if some of those points were never intended to go to the OP.

The paperwork for the sale is clear as well, it says any reservations on the contract after closing will be canceled.

I wouldn’t necessarily raise a huge stink over it and I’m glad it worked out for everyone. But it really shouldn’t have been done the way it seems to have been. Legally speaking, I believe that’s just stealing.

Maybe there was some information given that allowed it?

My idea is speculation as i am just guessing what could have happened but honestly no idea but it seems there would be leeway that while it does say reservation canceled, which happened, it doesn’t address the rest honestly no idea how it would stand up against a legal inquiry.