ROFR Thread Oct to Dec 2021 *PLEASE SEE FIRST POST FOR INSTRUCTIONS & FORMATTING TOOL*

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I kinda thought that might be the case (or something similar or more artfully stated), but I am not as nearly as knowledgeable as many on here regarding that. So, whether a seller or buyer is paying MF's becomes moot if Disney takes the points through ROFR (they would become the new owner and therefore free from paying the MF's)?

In the case of ROFR they are agreeing to the exact same terms as the contract so I would think it is the one exception where they would have to pay if the buyer had agreed to pay. I don't know for certain though if they work some magic on it.
 
While the Seller paying the 2021 MF brings the per point price down, I'm also looking at that "taken" - could it just be someone wanted to buy a CCV August UY direct so Disney waited for one to grab and resell? It makes sense Disney would have a running list of "wants". That would explain why it is nearly impossible to predict what will be taken.
DVD changed the rules , they can change the use year to any one they want or need to so they didnt have to "wait" for one to ROFR.
 
In the case of ROFR they are agreeing to the exact same terms as the contract so I would think it is the one exception where they would have to pay if the buyer had agreed to pay. I don't know for certain though if they work some magic on it.
That's what I was wondering. In the contract that was taken it says seller would pay 2021 fees, but that must be a typo as it would be 2022 fees due now.
 
I kinda thought that might be the case (or something similar or more artfully stated), but I am not as nearly as knowledgeable as many on here regarding that. So, whether a seller or buyer is paying MF's becomes moot if Disney takes the points through ROFR (they would become the new owner and therefore free from paying the MF's)?
But we had to reimburse our seller, so it does play in the price per point. If Disney takes our contract they would be responsible for reimbursement as well.
 
That's what I was wondering. In the contract that was taken it says seller would pay 2021 fees, but that must be a typo as it would be 2022 fees due now.
If there are points for that year, the seller can either agree to eat the cost or ask to be reimbursed.
 
That's what I was wondering. In the contract that was taken it says seller would pay 2021 fees, but that must be a typo as it would be 2022 fees due now.

Probably not a typo. Typically a contract will outline MF's for any points that are in the sale. Since there were 2021 points the statement that seller pays 2021 MF's means that the buyer does not have to reimburse them and that the seller would finishing paying any remainder still due if they hadn't paid a lump sum at the beginning of the year.
 
If there are points for that year, the seller can either agree to eat the cost or ask to be reimbursed.
If there are points for that year, the seller can either agree to eat the cost or ask to be reimbursed.
Right, I get that and it makes sense. But, in the example, the seller was GOING to pay 2022 dues (and may have, but since they're not due until the 15th of next month and the contract was up for sale, that doesn't seem smart), so the minute Disney took that contract, regardless of what the contract language stated, Disney would own the points now, well before the 2022 points are even due. Would Disney, after taking the contract in ROFR, still turn around and make the seller pay the dues on points that they (Disney) have no obligation to pay?
 
That's what I was wondering. In the contract that was taken it says seller would pay 2021 fees, but that must be a typo as it would be 2022 fees due now.

In that case, it would mean that the buyer is not reimbursing the seller for the 2021 fees but could have points in the contract.

I have sold late in the year before and even though the buyer got that years points, I didn’t ask to be reimbursed. If DVD had taken, they would have gotten them the same way.

If a buyer is reimbursing for current years points..what many resellers advertise..then DVD has to pay that back to the seller.
 
Probably not a typo. Typically a contract will outline MF's for any points that are in the sale. Since there were 2021 points the statement that seller pays 2021 MF's means that the buyer does not have to reimburse them and that the seller would finishing paying any remainder still due if they hadn't paid a lump sum at the beginning of the year.
Yeah, I can see where there might have been a couple of months left on an installment plan if there was one, especially given the contract was listed in November.
 
Right, I get that and it makes sense. But, in the example, the seller was GOING to pay 2022 dues (and may have, but since they're not due until the 15th of next month and the contract was up for sale, that doesn't seem smart), so the minute Disney took that contract, regardless of what the contract language stated, Disney would own the points now, well before the 2022 points are even due. Would Disney, after taking the contract in ROFR, still turn around and make the seller pay the dues on points that they (Disney) have no obligation to pay?

Yes, the seller still owes the dues if they agreed to cover them as part of the sale so that amount would be deducted from the price. While DVD wouldn’t have to pay them anyway, what they have to pay the seller would be less since they pay exactly what the buyer would have been expected to pay.
 
My sellers are dragging their feet on closing paperwork and it's driving. me. insane.

I need these points for a value studio at AKL in January 2023 and I'm really starting to doubt whether I'll have them in my account in time.

Like... if I had $20,000 cash heading my way, I'd suck it up and find a notary with a little more sense of urgency.
 
My sellers are dragging their feet on closing paperwork and it's driving. me. insane.

I need these points for a value studio at AKL in January 2023 and I'm really starting to doubt whether I'll have them in my account in time.

Like... if I had $20,000 cash heading my way, I'd suck it up and find a notary with a little more sense of urgency.

I know it’s frustrating but I just had to deal with this with my elderly parents who are selling a property and dad was in rehab. Could not get a notary to the facility and they would not except an online one.
No chose to wait until he was released to get things done.

You just never know what is happening as frustrating as it was. We were fortunate that it delayed it only a few weeks.
 
My sellers are dragging their feet on closing paperwork and it's driving. me. insane.

I need these points for a value studio at AKL in January 2023 and I'm really starting to doubt whether I'll have them in my account in time.

Like... if I had $20,000 cash heading my way, I'd suck it up and find a notary with a little more sense of urgency.
I had this same discussion with the mobile notary that came to my house a month ago to handle my home refi closing docs. Now, I live in SoCal so I enjoy the benefits of a large urban area and conditions are different everywhere, but the notary was saying that during Covid, mobile notaries have exploded in number and are becoming very competitive, pricing-wise. An example was her fee for signing witnesses: she used to charge $25 per witness, but she's seen some notaries charging as little as $15 and banks are paying less as a result. Costs come down when supply goes up. Plus, the majority of UPS stores provide notary services (I use them constantly for declarations and deposition transcripts I need to sign and return) and they will witness signatures for free with a call ahead (they'll tell you to come in when they have enough employees to witness the sigs).
 
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I had this same discussion with the mobile notary that came to my house a month ago to handle my home refi closing docs. Now, I live in SoCal so I enjoy the benefits of a large urban area and conditions are different everywhere, but the notary was saying that during Covid, mobile notaries have exploded in number and are becoming very competitive, pricing-wise. An example was her fee for signing witnesses: she used to charge $25 per witness, but she's seen some notaries charging as little as $15 and banks are paying less as a result. Costs come down when supply goes up. Plus, the majority of UPS stores provide notary services (I use them constantly for declarations and deposition transcripts I need to sign and return) and they will witness signatures for free with a call ahead (they'll tell you to come in when they have enough employees to witness the sigs).

Wow. I am a notary here in NYS and we are limited to $2 per signature. I don't ever charge and unless things have changed, you can't refuse if someone can't pay.
 
Wow. I am a notary here in NYS and we are limited to $2 per signature. I don't ever charge and unless things have changed, you can't refuse if someone can't pay.
Yeah, well it seems that excuse #1 for people not being able to get something notarized is not finding a notary to begin with, and #2 is they can't seem to find a breathing adult over the age of 18 to witness it. It looks like they have changed the maximum you can charge here to $15, so my mobile may have been bellyaching a bit too (or I may have mis-heard her and she said she can't charge $15 anymore due to others charging less). Browsing online, it looks like California allows the highest fee (along with Nevada). I never need a witness for anything I get notarized, so I wasn't really paying great attention to her complaining at my kitchen table. LOL
 
That's what I was wondering. In the contract that was taken it says seller would pay 2021 fees, but that must be a typo as it would be 2022 fees due now.
I just meant that they already paid the dues and are not asking for a "refund" of dues on the unused points from 2021. I would have still had to pay 2022 dues at closing.
 
I just meant that they already paid the dues and are not asking for a "refund" of dues on the unused points from 2021. I would have still had to pay 2022 dues at closing.
No, I understand. There's just zero chance I'd try try to get 2021 dues out of someone in December, regardless of how many points were left over/banked/whatever. The way I look at it, the dues pay for the upkeep of the resort during that calendar year, and if I use the resort in calendar year 2021, even if I used banked points from 2020 and rolled all my 2021 points into 2022, I still used the resort in 2021 so I pay the dues.

Others may differ in their opinion, and that's cool.
 
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