RESALE POLICY CHANGE!

[southerngirl528]

This link was posted on another thread. Please excuse me if it's already been posted. The verbiage here seems to suggest that this change will affect all resale owners and not only for the newly purchase contracts. What do you think?

https://disneyvacationclub.disney.g...formembers/memberbenefitsguide/MEADSFinal.pdf

"and, effective April 4, 2016, Members who have not purchased an ownership interest directly from DVD will not have access to Membership Extras"

Noodles mom, check out Sammie's post right after yours. They have add'l info that is in the document after the statement I quoted from the same. The changes are ONLY for resale buyers going forward. Anyone that is currently a DVC Member, no matter how they purchased, still has access to the member benefits. Hope that puts your mind at ease. Are you already a member?

 

[DVC Mike]

This link was posted on another thread. Please excuse me if it's already been posted. The verbiage here seems to suggest that this change will affect all resale owners and not only for the newly purchase contracts. What do you think?

https://disneyvacationclub.disney.g...formembers/memberbenefitsguide/MEADSFinal.pdf

"and, effective April 4, 2016, Members who have not purchased an ownership interest directly from DVD will not have access to Membership Extras"

Ken's letter stated:

Please know that as a current Disney Vacation Club Member (regardless of when or where you bought your membership), your access to Disney Differences and these additional Membership Extras will not be affected by this policy change.


http://i235.************************************************************* DVC Mike - *******.com

 

[NoodlesMom]

I see now.

 

[DVC Mike]

I don't particularly approve with the manner in which communications were handled.

This is my only complaint: that DVC bungled the communication.


http://i235.************************************************************* DVC Mike - *******.com

 

[nolanboys]

I completely understand where you are coming from. Last time they made changes, there was a small grace period. Announcing this policy as effective from day one leaves a bad taste in my mouth. Allow people going through the process that the knew was in place when they started to finish it.

 

[nolanboys]

While I do agree with you to a certain extent, I have to say that when we signed on our resale contract (which is currently awaiting estoppel) we were under the impression that we'd at least get the currently-advertised perks. However, the biggest issue for me is the spiteful nature of what Disney is doing. By not giving us a membership card and banning us from member events, they're basically saying we're not members. We aren't paying all this money to be treated like second class citizens. Disney's "high school mean girl" approach really has us rethinking our resale purchase. It gives me an uneasy feeling signing a contract for the next 41 years with a company that can treat people like this.

This is what I meant to quote in my above response.

 

[graychef]

This link was posted on another thread. Please excuse me if it's already been posted. The verbiage here seems to suggest that this change will affect all resale owners and not only for the newly purchase contracts. What do you think?

https://disneyvacationclub.disney.g...formembers/memberbenefitsguide/MEADSFinal.pdf

"and, effective April 4, 2016, Members who have not purchased an ownership interest directly from DVD will not have access to Membership Extras"

That's a good point. The March 2011 portion uses before/after language. The April 2016 portion simply states direct from DVD or not.

Hmmmmm. This could cause a way bigger uproar if they begin excluding ALL resale purchases from the Extras.

Edit: I now see the responses. All is well.

 

[freediverdude]

Actually, even though yes I agree that it will create two classes of members, I think these classes will shake out to be 1. People who like purchasing direct because they feel they "own a piece of the magic" and want to feel a part of DVC as a club, and 2. The people who like visiting Disney or bringing family, but are mainly using DVC to get discounted and/or larger accommodations, and don't feel that attachment, they just want the room.

 

[caitlinsdad]

can someone post in clear terms what I will lose out on, Because of this change. My contact does not close until 4/22/16 so I know I am lossing out on something juts dont understand excatly what

 

[freediverdude]

That's a good point. The March 2011 portion uses before/after language. The April 2016 portion simply states direct from DVD or not.

Hmmmmm. This could cause a way bigger uproar if they begin excluding ALL resale purchases from the Extras.

Edit: I now see the responses. All is well.

Lol, could you imagine the calls they would get. But yea I think the Ken Potrock letter covers all the current people.

 

[Brian Noble]

I could have once been described as an avid Disney fan... Before all this blatant obnoxious money grab.

I've said this before---more than once---but it bears repeating:

Disney is a company that makes money by selling happiness. That's not the same thing as "Disney wants me, personally, to be happy." Indeed, Disney wants to get as much money per "unit happiness" as it can. In turn, we consumers would prefer to get more happiness for our buck. So, despite the fact that Disney sells happiness, the company is also in conflict with its consumers.

Nearly every long-term Disney fan eventually encounters this realization, and that day is never a pleasant day. But, if you can live with the mercenary aspects of the relationship, it's still not half bad spending money with a company selling happiness.

 

[MouseOfCards]

Absolutely deplorable action on their part! The next DespicableME movie really needs to be about Disney/DVC!

 

[lisaviolet]

I hate the way they handled it. I do feel compassion for those that are in process. And no membership card seems harsh.

However, I am very surprised that it took them this long. They can't keep watching resales get more and more attention. And their salespeople had little to nothing to say to a prospective buyer who knows about resales, for years. The first attempt to differentiate between direct and resale was soft and useless. And it is not like every new property going forward is going to be as special as VGF. Meaning having such a clear sales advantage/argument over resale, well in my opinion.

I am not overly surprised by this week. I am shocked that they didn't act sooner.

 

[freediverdude]

I've said this before---more than once---but it bears repeating:

Disney is a company that makes money by selling happiness. That's not the same thing as "Disney wants me, personally, to be happy." Indeed, Disney wants to get as much money per "unit happiness" as it can. In turn, we consumers would prefer to get more happiness for our buck. So, despite the fact that Disney sells happiness, the company is also in conflict with its consumers.

Nearly every long-term Disney fan eventually encounters this realization, and that day is never a pleasant day. But, if you can live with the mercenary aspects of the relationship, it's still not half bad spending money with a company selling happiness.

Lol, I've never heard it put in terms of units of happiness per dollar before.

 

[drusba]

I'm thinking of cancelling my resale! Can they legally change a policy while basically in transit?we have already placed a binder on the property. To me this seems unlawful seeing as money has already been exchanged.AmI wrong?

Yours and similar posts have been responded to by others above who appear to assert that you cannot now rescind the agreement and get back your money in escrow. The reasoning seems to be that since Disney has the right to terminate incidental benefits at any time, and since the resale contracts state that fact, you are therefore stuck with going through with the sale or losing your deposit. It is not as simple as that and you may need to seek legal advice if the broker and seller refuse to end the sale:

I do not know when you signed your purchase agreement, but if 10 days have not passed since then, you can immediately send written notice to the seller that you are voiding the agreement as the law provides for that 10 day right to rescind without even stating a reason for doing so.

Contrary to what some posters are claiming, Disney has not terminated any incidental benefits and thus the supposed disclosure clause in the resale agreement about Disney's right to do so at any time means nothing. All of the incidental benefits continue to be provided by Disney. The only thing Disney has done is to create a special class of purchasers who will not get them. Under current timeshare law, Disney no longer has an absolute right to terminate at any time incidental benefits for all members. Disney is now required to state the specific minimum length of time, which can be any time that is 3 years or less, that incidental benefits will be provided to members who purchase from it, and during that specified time, it cannot terminate any particular incidental benefits for such members unless it replaces them with benefits of like kind and value, or, alternatively, pays the affected members double the value of the incidental benefit being terminated. Thus, that resale contract disclosure about Disney's right to terminate likely cannot be relied upon by the seller or broker to claim rights to your deposit.

Moreover, the action Disney has taken specifically applies to you and it affects your ability to have access to incidental benefits that Disney is otherwise providing. The issue for your right to rescind is not whether Disney can preclude you from using incidental benefits, which it likely can, but instead whether that information about resale purchasers being precluded, which is now provided in an offical document called Membership Extras, which itself is now one of the disclosure documents applicable to the timeshare, is something material to your decision to purchase and complete the resale. More has to be done to look into the issue, but my personal sense is that you have a much stronger case to be able to rescind and get back your deposit than others above have asserted, possibly through a legal doctrine that allows a party to rescind when there has been mutual mistake, i.e., both seller and buyer were acting under the incorrect belief that the buyer would have access to the incidental benefits that Disney was providing and continues to provide.

 

[mab2012]

You are correct that perks can and will change, sgtdisney. But for those of us that did buy direct, we can be sure that whatever perks, benefits may be offered now or in the future, we will be included.

Um, no. Where does it say "Perks are subject to change, but any perk we choose to offer will always be extended to all prior direct purchasers"?

If DVC decides it's to their benefit to offer a perk to NEW direct purchasers only, that's what they'll do. It's probably not likely, especially in the near term, but neither is it all that farfetched.

As you are fond of pointing out, all you bought is an accommodation interest. Whether you purchased resale or direct.

 

[Lorilais_mommie]

can someone post in clear terms what I will lose out on, Because of this change. My contact does not close until 4/22/16 so I know I am lossing out on something juts dont understand excatly what

So from all the info I have gathered yesterday/today..
The biggest "perks" resale will lose out on are:
-AP discount / tickets offers
-Access to special member lounges (epcot and contemp)
-Dinning discount at some locations
-Ability to purchase TIW card (unless local or AP)
-Merch discount of 10%
-pool hoping
- any special future special events

Also Resale buyers after 4/4 will not get a membership card.
(Which members have to show to get above perks anyways)

** I know there are reports tha resale buyers will get access to pools and TOTWL..
However currently you must a show a member card to get in..
So until that policy changes I wouldn't count on it. Since new resale buyers are not getting member cards

 

[PinkTink63]

If all members/owners pay the same dues, and someone can prove dues help to fund these benefits in anyway, then I am assuming a lawsuit is imminent. However, it may be hard to prove.

Personally, I think anyone who is buying now, should pay attention to this closely. If only to see that this could effectively lower resale value. Think about it. If Disney can even slightly drive down resale values, they can take advantage of picking up older contracts during ROFR at lower prices, and resell them for larger markups. Good deal for Disney, not so good for anyone buying at direct pricing who may need to sell

This is my thought! It seems to me this devalues our contracts purchased direct if we choose to sell. The one thing about buying resale is you were treated the same. That was also one of the selling points that DVC holds it's value! Now that this has changed, it will probably lower the prices for resale.

 

[LisaS]

Contrary to what some posters are claiming, Disney has not terminated any incidental benefits and thus the supposed disclosure clause in the resale agreement about Disney's right to do so at any time means nothing. All of the incidental benefits continue to be provided by Disney. The only thing Disney has done is to create a special class of purchasers who will not get them. Under current timeshare law, Disney no longer has an absolute right to terminate at any time incidental benefits for all members. Disney is now required to state the specific minimum length of time, which can be any time that is 3 years or less, that incidental benefits will be provided to members who purchase from it, and during that specified time, it cannot terminate any particular incidental benefits for such members unless it replaces them with benefits of like kind and value, or, alternatively, pays the affected members double the value of the incidental benefit being terminated. Thus, that resale contract disclosure about Disney's right to terminate likely cannot be relied upon by the seller or broker to claim rights to your deposit.

Very interesting points. Disney has created a real mess for buyers, sellers and brokers by making this change effective immediately, rather than grandfathering any sales in progress.

 

[freediverdude]

Yours and similar posts have been responded to by others above who appear to assert that you cannot now rescind the agreement and get back your money in escrow. The reasoning seems to be that since Disney has the right to terminate incidental benefits at any time, and since the resale contracts state that fact, you are therefore stuck with going through with the sale or losing your deposit. It is not as simple as that and you may need to seek legal advice if the broker and seller refuse to end the sale:

I do not know when you signed your purchase agreement, but if 10 days have not passed since then, you can immediately send written notice to the broker that you are voiding the agreement as the law provides for that 10 day right to rescind without even stating a reason for doing so.

Contrary to what some posters are claiming, Disney has not terminated any incidental benefits and thus the supposed disclosure clause in the resale agreement about Disney's right to do so at any time means nothing. All of the incidental benefits continue to be provided by Disney. The only thing Disney has done is to create a special class of purchasers who will not get them. Under current timeshare law, Disney no longer has an absolute right to terminate at any time incidental benefits for all members. Disney is now required to state the specific minimum length of time, which can be any time that is 3 years or less, that incidental benefits will be provided to members who purchase from it, and during that specified time, it cannot terminate any particular incidental benefits for such members unless it replaces them with benefits of like kind and value, or, alternatively, pays the affected members double the value of the incidental benefit being terminated. Thus, that resale contract disclosure about Disney's right to terminate likely cannot be relied upon by the seller or broker to claim rights to your deposit.

Moreover, the action Disney has taken specifically applies to you and it affects your ability to have access to incidental benefits that Disney is otherwise providing. The issue for your right to rescind is not whether Disney can preclude you from using incidental benefits, which it likely can, but instead whether that information about resale purchasers being precluded, which is now provided in an offical document called Membership Extras, which itself is now one of the disclosure documents applicable to the timeshare, is something material to your decision to purchase and complete the resale. More has to be done to look into the issue, but my personal sense is that you have a much stronger case to be able to rescind and get back your deposit than others above have asserted.

If what you are saying is true, it's possible that people who were in the process as of 4/3 could take it to court and possibly eventually get some deposit back, depending how it goes. I guess it would depend on the person's willingness, how much their deposit was, if they have access to a lawyer that knows the fineries of this type of law, etc. And since the timeshare law is fairly new, there may not be any previous cases to go by something like this, I don't know. Someone would really have to be willing to dig into this with their lawyer and spend some money going up against Disney's army of lawyers trying to set the precedent- any volunteers? Lol