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

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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.
It's also a little bit silly in the year 2021 that this is necessary to begin with. We have the technology to do all of this electronically.
 


OK...Another random question... Lets say a contract is out there for $170 a point for a 100pt contract and closing is going to run $1000 (this is hypothetical). The $170 price point is where Disney seems to be taking a handful of the contracts at... Would it be an option/beneficial to ask the seller to pay all fees and bump an offer to $180 a point (to make it look a little inflated in price but as long as it all equals out?) Would the seller, should DVC choose to take the contract be stuck/penalized in any other way?

Did that make sense? Curious as I might structure an offer a little different, if so. (to possibly keep DVC from taking, although I'm sure it's been discussed before somewhere) Thanks!!!
 
OK...Another random question... Lets say a contract is out there for $170 a point for a 100pt contract and closing is going to run $1000 (this is hypothetical). The $170 price point is where Disney seems to be taking a handful of the contracts at... Would it be an option/beneficial to ask the seller to pay all fees and bump an offer to $180 a point (to make it look a little inflated in price but as long as it all equals out?) Would the seller, should DVC choose to take the contract be stuck/penalized in any other way?

Did that make sense? Curious as I might structure an offer a little different, if so. (to possibly keep DVC from taking, although I'm sure it's been discussed before somewhere) Thanks!!!

Interesting thought. Raises the question of just simply arranging to pay well above market, for cash, then getting a back-door kickback directly from the seller.
 
OK...Another random question... Lets say a contract is out there for $170 a point for a 100pt contract and closing is going to run $1000 (this is hypothetical). The $170 price point is where Disney seems to be taking a handful of the contracts at... Would it be an option/beneficial to ask the seller to pay all fees and bump an offer to $180 a point (to make it look a little inflated in price but as long as it all equals out?) Would the seller, should DVC choose to take the contract be stuck/penalized in any other way?

Did that make sense? Curious as I might structure an offer a little different, if so. (to possibly keep DVC from taking, although I'm sure it's been discussed before somewhere) Thanks!!!

I had the same thought, but my broker told me that Disney considers the closing costs with respect to ROFR. My understanding is Disney looks at the total cost to get the contract, not just the price per point.
 


OK...Another random question... Lets say a contract is out there for $170 a point for a 100pt contract and closing is going to run $1000 (this is hypothetical). The $170 price point is where Disney seems to be taking a handful of the contracts at... Would it be an option/beneficial to ask the seller to pay all fees and bump an offer to $180 a point (to make it look a little inflated in price but as long as it all equals out?) Would the seller, should DVC choose to take the contract be stuck/penalized in any other way?

Did that make sense? Curious as I might structure an offer a little different, if so. (to possibly keep DVC from taking, although I'm sure it's been discussed before somewhere) Thanks!!!

Disney looks at it all, and when they step in as a buyer, they take the exact same deal as the original buyer agreed to pay.

So, if you pay more but ask seller to pay closing costs and MFs for the year, the seller would still have to do that if DVD bought.

Whether that situation will make ROFR easier or harder is anyone’s guess.
 
Yes, fraud is always a good way to get around ROFR.
For the record I'm not looking for a kickback. My point was if the seller accepted $17k as the offer and I pay the 1K (fees or whatever) or If I buy/offer for 18k and they pay the fees but the price per point looks less attractive to them (DVC $180vs$170). Regardless the seller is getting 17k (minus commission fee) either way, right?
 
Yes, fraud is always a good way to get around ROFR.
I wasn’t suggesting it, but thanks for the shade. My point was that it seems possible to artificially increase the price per point to evade ROFR, in a rather simple and not readily discernible manner. I wouldn’t be surprised if it’s been done before (or other shenanigans). I mean, kickbacks in real estate and construction are as old as time, and shady people are everywhere.
 
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For the record I'm not looking for a kickback. My point was if the seller accepted $17k as the offer and I pay the 1K (fees or whatever) or If I buy/offer for 18k and they pay the fees but the price per point looks less attractive to them. Regardless the seller is getting 17k (minus commission fee) either way, right?
Yes, adding costs in is fine, I was responding to artificially increasing the sale price to pass. DVC will factor in the overall cost though so it's not a way to help avoid the contract being taken back.
 
For the record I'm not looking for a kickback. My point was if the seller accepted $17k as the offer and I pay the 1K (fees or whatever) or If I buy/offer for 18k and they pay the fees but the price per point looks less attractive to them (DVC $180vs$170). Regardless the seller is getting 17k (minus commission fee) either way, right?
I wasn’t suggesting you were. It was just an observation. And again, absolutely NOT suggesting that it is legal or ethical to do so, but an interesting question as whether anyone has tried to do so (or tried to get one over on Disney in some other fashion).
 
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It's also a little bit silly in the year 2021 that this is necessary to begin with. We have the technology to do all of this electronically.

Re: Notaries // During the Canadian border closings, some County Recorders and Title Insurance Companies accepted Deeds signed by Canadians that used a Remote Online Notary (RON) service. We were able to close real estate property sales here in California that way, so I know it is sometimes acceptable. But Disney, the County Recorder, and the Title Insurance Company would probably all have to accept it.
 
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Re: Notaries // During the Canadian border closings, some County Recorders and Title Insurance Companies accepted Deeds signed by Canadians that used a Remote Online Notary (RON) service. We were able to close real estate property sales here in California that way, so I know it is sometimes acceptable. But Disney, the County Recorder, and the Title Insurance Company would probably all have to accept it.

We’re Canadian and recently bought Aulani points. DVD told us Hawaii will not accept a RON for non-US citizens. We luckily crossed the border in Niagara just before the most recent COVID restrictions.
I’m sure the state of Hawaii has their reasons but it was super frustrating. We almost cancelled the purchase because of it.
 
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