Closing Time!

Finally received our closing docs! Part of the package is a Form 8288, as we are working with a foreign seller. Can anyone explain the purpose of this form? It seems that we are responsible for a percentage of the sale as a tax withholding, was not expecting this.
 
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Home Resort: Aulani

Contract Showing on Membership (new member): 4/26/23
Points in account: showing zero, but the contract is stripped until June...so maybe yes?
Log into the DVC member page. Click on the link in the upper right that says “my DVC” then select ”my points” from the drop down menu & it will show you several years worth of points, so in your case it’ll likely show 0 2022 points, XXX 2023 points, XXX 2024 points.
It takes awhile for DVC to load the points after they’ve created the membership account, lately it’s only been a couple of days & I’m not sure if Aulani has the same timeline as WDW resorts.
 
Log into the DVC member page. Click on the link in the upper right that says “my DVC” then select ”my points” from the drop down menu & it will show you several years worth of points, so in your case it’ll likely show 0 2022 points, XXX 2023 points, XXX 2024 points.
It takes awhile for DVC to load the points after they’ve created the membership account, lately it’s only been a couple of days & I’m not sure if Aulani has the same timeline as WDW resorts.
Thanks...I found the page you're talking about. I guess my points are not loaded yet. But that's ok. I'm not in any hurry now that I know it all went through ok.
 
Finally received our closing docs! Part of the package is a Form 8288, as we are working with a foreign seller. Can anyone explain the purpose of this form? It seems that we are responsible for a percentage of the sale as a tax withholding, was not expecting this.
When a foreigner sells real estate in the US they must pay capital gains tax on the sale - FIRPTA - if they don’t pay that tax, you the buyer of that real estate will be liable for that tax. The IRS assumes the tax is 15% of the sale price, but many sellers owe less than that. Typically the title company will take care of all of that for both you and the seller either by sending 15% to the IRS & letting the seller claim a refund from the IRS or by holding the funds in an escrow account while the IRS determines how much tax the seller owes & once that happens sending the tax owed to the IRS & the rest to the seller.
Here’s a thread discussing FIRPTA & 8288.

https://www.disboards.com/threads/irs-notice-about-my-dvc-purchase.3901534/#post-64424073
 
When a foreigner sells real estate in the US they must pay capital gains tax on the sale - FIRPTA - if they don’t pay that tax, you the buyer of that real estate will be liable for that tax. The IRS assumes the tax is 15% of the sale price, but many sellers owe less than that. Typically the title company will take care of all of that for both you and the seller either by sending 15% to the IRS & letting the seller claim a refund from the IRS or by holding the funds in an escrow account while the IRS determines how much tax the seller owes & once that happens sending the tax owed to the IRS & the rest to the seller.
Here’s a thread discussing FIRPTA & 8288.

https://www.disboards.com/threads/irs-notice-about-my-dvc-purchase.3901534/#post-64424073
Thank you! I went on a Googling rampage and came across othe disboards posts that also discussed this. Until everything is cleared, I will be keeping all signed documents at an easily accessible reach. Also emailed escrow officer to verify. They are a seasoned, albeit slow, company so hopefully they've got it under control. My initial thought was that we were on the hook for the additional money, which then immediately cued buyers remorse. I can go back to being excited now!
 
I gotta say how much I loathe the process of wiring money (especially as an international buyer).

We wired our money today via a major Canadian bank and the whole process was frustrating. They initially pushed for me to try a different method as they do very little wiring of funds and said they are often rejected blah blah blah etc.. This bank has a manual approval process from managers before beginning the wire process which took some additional time. The bank teller (who was experienced in the position) struggled with understanding how the process goes and what numbers/instructions lineup with their own system. They weren't even able to add a note or memo referencing file/contract number. Eventually the got it sent and the account number and banks look correct so I'm hopeful. Took a lot of time which I really wasn't expecting.

Wire transfers seem to be so rare up here finding a bank agent with any experience might be tough. There has to be an easier more efficient method of transferring funds.
For Canadians wanting to wire US$, I recommend Knightsbridge fx https://www.knightsbridgefx.com/ They will give you the quote, and then you can set it up as a bill payment, out of your Canadian account. Plus much better rate than the bank. (Happy customer)
 
If this is the case, then you may just post the name.. For brokers, the rule still applies that a link is required and if it is not there, the post will be deleted...which means, your hard work goes to waste!!!
This is particularly true of the title company handling many of the Aulani contracts. It is a one-person shop with no web presence.
 
Home Resort: AUL
Broker: https://resales.*******.com/
Title Company: Hayes
Offer made: 4/4
Offer accepted: 4/4
Sent to ROFR: 4/4 (?)
Passed ROFR: 4/21
Closing docs received (buyer):
Closing docs returned (buyer):
Closing docs returned (seller):
Closing:
Deed recorded:
Contract Showing on Membership (existing member):
Points in account:

Days Total: 24

Still waiting to see some closing docs.
 
Final Update:

Home Resort: Grand Californian (VGC)
Broker: www.**********.com
Title Company: www.masontitle.com
Offer made: 03/15/23
Offer accepted: 03/16/23
Signed purchase agreement: buyers 3/18/23 - sellers 3/20/23
Sent to ROFR: 03/20/23
Passed ROFR: 03/27/23
Closing docs received: 03/29/23
Closing docs returned: 03/30/23 (buyers & sellers)
Closing: 04/12/23 (received email notification of closing)
Deed recorded: 4/11/23 [***4/25/23 Update - Received request from Disney for signed addendum from me stating that I would agree to be bound by the terms of the agreement (no matching request for my wife as she was original signatory). Signed and returned on 4/25/23.
Contract Showing on Membership (new member): 4/26/23
Points in account: 4/27/23

Days Total: 43 days

Now I just have to figure out what to do with 160 points from 2021 which expire on 7/31/23. Let's do it!
 
Home Resort: OKW
Broker: www.fidelityrealestate.com
Title Company: www.masontitle.com
Offer made: 12/28/22
Offer accepted: 12/30/22
Sent to ROFR: 1/9/23
Passed ROFR: 1/25/23
Closing docs received: 1/30/23
Closing docs returned: 1/31/23 (International sellers didn't return theirs til 4/11/23!!!)
Closing: 4/13/23
Deed recorded: 4/14/23
Contract Showing on Membership (existing member): 4/27/23
Points in account:

Days Total:
 
Home Resort: OKW
Broker: www.fidelityrealestate.com
Title Company: www.masontitle.com
Offer made: 12/28/22
Offer accepted: 12/30/22
Sent to ROFR: 1/9/23
Passed ROFR: 1/25/23
Closing docs received: 1/30/23
Closing docs returned: 1/31/23 (International sellers didn't return theirs til 4/11/23!!!)
Closing: 4/13/23
Deed recorded: 4/14/23
Contract Showing on Membership (existing member): 4/27/23
Points in account:

Days Total:
These international sellers takin their sweet time! Lol. Mine essentially did the same and didn’t have their closing docs in until 1 day after estimated closing.
 
These international sellers takin their sweet time! Lol. Mine essentially did the same and didn’t have their closing docs in until 1 day after estimated closing.
Yep - we didn't know they were international sellers until we got docs to sign (wasn't disclosed on the listing). This is by far the longest timeline we've had in buying a contract in 8 years of buying/selling DVC!
 
Yep - we didn't know they were international sellers until we got docs to sign (wasn't disclosed on the listing). This is by far the longest timeline we've had in buying a contract in 8 years of buying/selling DVC!
I know theres some extra time because they have to mail the docs and the docs have to go through customs but yeah…
 
There have been reports that some international sellers have to go to a US embassy or consulate to have their papers notarized! That can’t be easy for everyone.
 
Is the FIRPTA a standard closing form? My seller listed their address as in the United States, but we still got the FIRPTA paperwork in our closing packet.
 
Update:
Home Resort: Boardwalk Villas
Broker: www.dvcbyresale.com
Title Company: https://www.masontitle.com/
Offer made: 3/22
Offer accepted: 3/24
Sent to ROFR: 3/28
Passed ROFR: 4/4
Closing docs received: 4/12
Closing docs returned (buyer): 4/12
Closing docs returned (seller): ?
Closing: 4/27
Deed recorded: 4/28
Contract Showing on Membership (existing member):
Points in account:

Days Total:
 
Update:
Home Resort: Boardwalk Villas
Broker: www.dvcbyresale.com
Title Company: https://www.masontitle.com/
Offer made: 3/22
Offer accepted: 3/24
Sent to ROFR: 3/28
Passed ROFR: 4/4
Closing docs received: 4/12
Closing docs returned (buyer): 4/12
Closing docs returned (seller): ?
Closing: 4/27
Deed recorded: 4/28
Contract Showing on Membership (existing member):
Points in account:

Days Total:

We closed today too, I’m glad we are getting close to the end.
 

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