Resale Contract Closed, but not getting contracted loaded until after 7/8/2022 over 60 days from closing? Advise wanted

[DonMacGregor]

On what basis? The seller performed and the contract closed, didn't it?

I think the argument proffered by some is that while the sale did close, a tort still exists in that the seller's failure to disclose the scheduled reservation has prohibited the buyer from enjoying use of the contract and the buyer has suffered potential financial harm. The failure to disclose serves as the nexus for the alleged tort.

As has been used as an example before, consider if you purchased an actual house and the sale closed, but the prior owner didn't disclose a longer escrow or delayed closing on their new home (maybe using proceeds from their sale to you to purchase their new home for example) and as a result, they are planning on staying in the old house for an additional month. You're now stuck trying to extend your apartment lease, and meanwhile, the local DA/sheriff is telling you it will take longer than the extra month to evict them anyway, so you may as well just wait it out.

*** And whether the seller told anyone else about the reservation or not is moot: they signed a sales contract that did not accurately represent the facts. They can't claim ignorance.

 

[pianomanzano]

Yea, agreed that legal action wouldn't be worth it. But I would absolutely file a complaint on the broker to appropriate regulatory bodies.

 

[JGINPL]

In edition to the transfer going through and securing your reservation, I think you should also ask for some additional compensation. Perhaps they could refund you both your closing costs and their commission, to which they might be amenable if they thought you were going to pursue legal action. They could also provide you complimentary rental points to cover your vacation.

For me, the problem with actually following through on legal action is both the additional time and money involved. I think it works better as a threat.

But what closing cost the cost paid to the title company?

 

[RamblinWreck]

In edition to the transfer going through and securing your reservation, I think you should also ask for some additional compensation. Perhaps they could refund you both your closing costs and their commission, to which they might be amenable if they thought you were going to pursue legal action. They could also provide you complimentary rental points to cover your vacation.

For me, the problem with actually following through on legal action is both the additional time and money involved. I think it works better as a threat.

Absolutely!

Don’t skip straight to filing something.

Always start with a demand letter.

Besides, you may be required to start with arbitration before you move on to filing suit. So you might just waste money.

 

[DonMacGregor]

Yea, agreed that legal action wouldn't be worth it. But I would absolutely file a complaint on the broker to appropriate regulatory bodies.

But there is often great value in legal threat, especially when there is foundation (rather than simply saying "I'm gonna sue you", sounding like a middle schooler).

As I have said before, a good "Jeremy Letter" as we call them, can often work wonders. Jeremy has been our corporate counsel for over 25 years. While he specializes almost exclusively in business law, over the years I've asked him to write letters on several occasions regarding personal disputes well outside his area of practice, but worded in such a manner as to suggest the possibility of legal action. A 5-minute letter, containing the right red flag words, and written on legal letterhead, can often work wonders at very little cost.

 

[Paul Stupin]

But what closing cost the cost paid to the title company?

Yes…the cost paid to the title company, as well as the broker’s commission. If you refunded the seller the 2022 annual dues, I would also suggest you ask for a prorated refund of those funds as well, since the clock is no doubt ticking on both the points’ banking and expiration dates.

 

[Paul Stupin]

But there is often great value in legal threat, especially when there is foundation (rather than simply saying "I'm gonna sue you", sounding like a middle schooler).

As I have said before, a good "Jeremy Letter" as we call them, can often work wonders. Jeremy has been our corporate counsel for over 25 years. While he specializes almost exclusively in business law, over the years I've asked him to write letters on several occasions regarding personal disputes well outside his area of practice, but worded in such a manner as to suggest the possibility of legal action. A 5-minute letter, containing the right red flag words, and written on legal letterhead, can often work wonders at very little cost.

I’m sure that’s no doubt an effective strategy but, practically, who would write such a letter? An attorney the OP hires? That’s sounds like $500-$1000 that I wouldn’t want to spend.

 

[RamblinWreck]

I’m sure that’s no doubt an effective strategy but, practically, who would write such a letter? An attorney the OP hires? That’s sounds like $500-$1000 that I wouldn’t want to spend.

There are some websites that offer these services at very little cost.

 

[DonMacGregor]

I’m sure that’s no doubt an effective strategy but, practically, who would write such a letter? An attorney the OP hires? That’s sounds like $500-$1000 that I wouldn’t want to spend.

If the outcome is getting at least $500 back (say closing costs, etc), PLUS freeing up your points for your own use (and maybe getting the points used for that reservation banked into next year), plus getting the whole mess resolved sooner rather than later, does it still not seem worth it? The point is to make the OTHER party feel it's not worth it to fight.

 

[JGINPL]

If the outcome is getting at least $500 back (say closing costs, etc), PLUS freeing up your points for your own use (and maybe getting the points used for that reservation banked into next year), plus getting the whole mess resolved sooner rather than later, does it still not seem worth it? The point is to make the OTHER party feel it's not worth it to fight.

Yes thank you. For your thoughts and ideas.

 

[Paul Stupin]

If the outcome is getting at least $500 back (say closing costs, etc), PLUS freeing up your points for your own use (and maybe getting the points used for that reservation banked into next year), plus getting the whole mess resolved sooner rather than later, does it still not seem worth it? The point is to make the OTHER party feel it's not worth it to fight.

No, it totally seems worth it. But isn’t this attainable without having to hire a lawyer? I would just tell them that’s what I wanted. Otherwise, I’d be concerned that using one of those websites for a legal letter would be somewhat transparent and not as effective as actually using an attorney, which for me would be require too much time and money.

But I would threaten to hire representation if the matter wasn’t resolved.

 

[DonMacGregor]

No, it totally seems worth it. But isn’t this attainable without having to hire a lawyer? I would just tell them that’s what I wanted. Otherwise, I’d be concerned that using one of those websites for a legal letter would be somewhat transparent and not as effective as actually using an attorney, which for me would be require too much time and money.

But I would threaten to hire representation if the matter wasn’t resolved.

I wouldn't use a legal website, but do some Googling and see if there is an attorney specializing in timeshares (doubtless dozens in Florida) that will craft the letter for a reasonable fee, or take on the matter on contingency. It's worth asking around if the matter doesn't clear up on its own.

 

[supersnoop]

Legal threats are often counter-productive, and I've operated on both sides of that equation.

Once someone says "I'm going to sue you," they don't get to talk to me anymore. All negotiations and attempts to work something out with them cease and they can only talk to my legal staff. Legal staff is going to do research and evaluate the risk and culpability and gather all relevant information. In other words, they're going to slow the resolution process down to a crawl. By the time they get around to "fixing" the problem, it might not even be a problem anymore.

So, please don't slow down your chances of a resolution by throwing out empty threats.

 

[JGINPL]

Resolution has been achieved. Broker and Disney worked to transfer ownership into my account. Points and everything have been loaded. The VP I have been dealing with really worked on the resolution as quick as possible so I am appreciative that he did this and got it moved quickly once he got a hold of the issue!

 

[pianomanzano]

Resolution has been achieved. Broker and Disney worked to transfer ownership into my account. Points and everything have been loaded. The VP I have been dealing with really worked on the resolution as quick as possible so I am appreciative that he did this and got it moved quickly once he got a hold of the issue!

Congrats, glad you got that resolved! What happened to the seller's reservation? Are those points in your account as well?

 

[CarolMN]

Resolution has been achieved. Broker and Disney worked to transfer ownership into my account. Points and everything have been loaded. The VP I have been dealing with really worked on the resolution as quick as possible so I am appreciative that he did this and got it moved quickly once he got a hold of the issue!

Happy for you! Sending pixie dust that you are able to get the reservation you prefer.

Thanks for sharing your experience with us.

 

[Sandisw]

Resolution has been achieved. Broker and Disney worked to transfer ownership into my account. Points and everything have been loaded. The VP I have been dealing with really worked on the resolution as quick as possible so I am appreciative that he did this and got it moved quickly once he got a hold of the issue!

This is awesome and I would venture the person knew it needed to happen this way and MA needed to follow through since ownership was already transferred.

I hope you get what you need!

 

[Matty B13]

Resolution has been achieved. Broker and Disney worked to transfer ownership into my account. Points and everything have been loaded. The VP I have been dealing with really worked on the resolution as quick as possible so I am appreciative that he did this and got it moved quickly once he got a hold of the issue!

I'm very happy for you!!!!

VP probably realized the huge mess the employee put the company in.

Enjoy your new contract.

 

[JGINPL]

Glad everything has been completed. I want to thank everyone for their help on this. Your knowledge helped me put into writing and explain what was wrong with this. I’m glad the company made things right. I’ve purchased through this company before multiple times, without issues. If a good deal pops up on their site again I would definitely go for another contract. I would make sure that it specifies there are no outstanding reservations

 

[MamaBelle4]

If a good deal pops up on their site again I would definitely go for another contract.

I'm super glad that everything worked out.

But I absolutely would not give them any more of your business. What they did was intentionally deceptive. They may have eventually made it right THIS time but that is no indication of how they'll behave next time they get caught.

Not to mention your broker stopped responding to you entirely. This is not a business that willingly operates with integrity.