ComplaintsforDVC Resale Market, Inc.

• Initial Complaint

  08/09/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Original offer date of my timeshare May 12,2023. Prior to this Rafael M**** never went over the right of refusal with me. when I asked my agent Andy B**** said he was 74 years old and only worked part time. Ivette N***** told me in a phone call that Andy knew better to have gone over this with me.I was told to just relax by Rafael and this was the business. I gave Andy B**** my husbands email to send me emails during this process. Then this weekend I found out that Andy had called my husbands phone leaving 7 messages about this sale and wanting me to sign the finally paperwork. My husband’s name isn’t on the contract. My husband ask me why is he calling him. Then Ivette sent me a text about canceling the sale if I didn’t sign the paperwork on 8/2/23 from a text ************ Now they are sending me a bill for 1850 for commissions and 150 to the title company and are saying I am in default. I also asked for copies of the dollar amount on the sale twice and they said they couldn’t find my account. When they sent me the email. Andy B**** had no right talking to my husband about this sale of my timeshare.They just didn’t represent the sale of my timeshare properly. I have paperwork to document all of this information from emails and phone calls.

  

  Business response

  08/11/2023

  The nature of the complaint is unusual since the party making the complaint caused the loss of the sale of their property by failing to return two e signature documents to the title company that handled the closing. Like all real estate contracts a closing date is specified in the contract where all documents must be completed correctly and delivered to the third party title company that handles the closing of the sale. Numerous attempts were made to obtain the missing documents by the title company, the listing agent and the concierge staff who oversees the process. None of these attempts by email, phone or text where responded to leading to the buyer in the transaction declaring the seller in default when the contract closing date passed. In reference to the **** statement this subject is disclosed in 3 places in every transaction we handle and is a legal right the owner assigned to ****** at the time of purchase. Our firm discloses **** in the instruction letter that accompanies the contract, also in Line #1 of the contract and thirdly in a separate email sent to the seller upon submission to ****** that in this case was sent to the seller on May 27, 2023 at 8:57am. To state that **** was not covered when it was disclosed 3 times is a falsehood. The listing agent from our firm was instructed by the person making the compliant to interact with the husband because of a "swing shift" work schedule making it easier. We were provided listing documents as well as the listing price by the husband so instructions for direct contact existed (supporting emails attached). The husband was contacted in a final effort to obtain the missing documents which was an additional effort to save the sale as the person making the complaint was not responding to title company communication or our companies efforts. In reference to not identifying the account number that is not our firm but the title company. This is an inaccurate comment in this complaint as no reference to ***** ******** ***** is made regarding this and it is falsely placed upon us (supporting email attached). The person making the complaint breached the legally binging agreement they signed with the buyer of their property by not completing all required documents. They returned the majority of paperwork but were notified numerous time that the proceeds disbursement method document was missing in addition to the ****** filling with the State of Hawaii disclosure was missing. The contract for sale specifies damages if a default of the contract occurs which is clearly stated in line 4 that the seller owes the broker the commission earned as well as a fee for the third party title company. Our firm listed the contract for sale, successfully secured the buyer handled all sale documents correctly, processed the ****** **** submission and obtained the waiver to sell and provided all necessary documents to a third party title company who had the buyer documents and funds to close but lacked 2 documents from the seller that caused the breach. Numerous attempts by 3 people from the title company and our firm were made to save this sale for the seller up to and including a final effort of contacting the husband who had been partially involved in the process and all were ignored. Only the sellers inaction is to blame for this complaint and based on that we request the complaint be withdrawn. Efforts to have a conversation for an amicable end with the party making the complaint have not been responded to as of the time of sending this response.

  Customer response

  08/29/2023

  I’m am rejecting to remove my complaint on the sale of my Timeshare through DVC resale market.

  ***** **** 

  

  Business response

  09/08/2023

  Here is the request made by the person making this complaint from 2 weeks ago:
  
  These are documents showing that my husband wasn’t apart of the purchase of my DVC timeshare. That DVC or Andy B**** have no right legally to contact **** **** and discuss anything about the sell of my Timeshare with DVC resale market. I am asking for the commission of 1850 plus 150 for title company and the default and breach of contract be dismissed. I never signed any documents giving Andy B**** rights to call my husband and leave voicemails on his cellphone about the sell of my timeshare listed with DVC resale market I want everything dismissed in writing. 
  ***** ****
  
  
  In response to their request and in our desire to settle the matter amicably we offered the following addendum sent to them via email in writing removing any liability to our firm for funds owed for services rendered under line 4 of the contract (support document labeled CONTRACT PG. 1 attached):
  
  
  Amending the sale agreement of **** to ***** for contract # ************ which was declared in default by the Buyer on August 3, 2023 after the Seller failed to return all required Title company documents by the contract closing date. 
  
  The DVC Resale Market agrees to waive the default fee of $2,000 ($1,850 for DVC Resale Market + $150 for First American Title) owed by ***** **** (seller) per line 4 of the contract agreement due the default in exchange for the removal of BBB complaint # ******** filed on August 8th as well as the seller refraining from all future public forum complaints related to this sale.  

  
  
  The person making this complaint opened this E signature document record on August 18th at 9:49 Eastern (support document labeled E SIGNATURE RECORD attached) however it was never signed or returned but rather the following was received via the BBB instead:
  
  MESSAGE FROM CONSUMER:
  
  I’m am rejecting to remove my complaint on the sale of my Timeshare through DVC resale market.
  ***** **** 
  
  
  We have already responded to the claim about no right to contact her husband. I once again attach the listing agreement which is our contact for hire documents completed and signed by the person making the complaint which includes under the second contact line her husband's name and his phone number (support documents labeled LISTING AGREEMENT attached). This is written permission in the agreement for services that we could contact him. This claim is baseless. There were also verbal instructions given to the listing agent to contact the husband because the person making this complaint works the night shift.
  
  DVC Resale Market is contractually due our commission as we performed the task we were hired for to procure a buyer for the sellers Real Estate interest in a timely manner, accurately, and correctly. The person making this complaint knowingly and willfully caused the default of the sale of their property by not returning all required closing documents to the title company by the contract deadline.
  
  
  The person making this complaint has not disputed the fact that they caused the default of the sale of their property brokered by our firm.There is no reason for our firm to waive the fee we are due. The contract language signed by the person making this complaint is clear that our fee is owed:
  

  Line 4 of the contract reads:
  If SELLER defaults on this contract, then the full commission is due the Broker by the SELLER and the SELLER shall pay the Escrow Agent for incurred costs, not to exceed $150 and the BUYER’S deposit will be returned to the BUYER.  If either party fails or breaches any of the terms or conditions of this agreement, said party is hereby liable for any claims or cause of action arising out of this paragraph.
  
  
  We have responded to each claim made and detailed individually that they are without merit and tried twice to amicably resolve this even waiving our entire fee in writing via a contract addendum as requested only to have it rejected by the person who defaulted on the sale of their property knowingly and willfully which caused this issue.

  
  We can not be any more generous than to waive all charges for the person who caused the default of their property sale. 
  
  We ask the BBB to dismiss this claim as it lacks any merit and our attempts to resolve it providing the exact request made of "waiving all charges in writing" have not been respected. If the complaint is not removed by the person filling it and is published then we withdraw the offer of waiving our fee and would need to pursue options to defend our impeccable reputation earned through serving more than 50,000 clients in the past 10 years.

   

  Below are the complaint statements made with our responses:

  Complaint: I ***** **** Never signed a legal document allowing DVC resale market or Andy B**** any legal rights to talk to **** **** about the sale of my Timeshare. He was only a go between for email contact.

  
  Response: The signed listing agreement is a contract for hire with our firm on which **** is listed as the second contact with his phone number. Providing his contact information is permission to contact him.  

  
  Complaint: ANDY B**** tried to contact him to try and convince me to sign the final paperwork.when I found out that they were contacting my husband I was upset that they were trying to go around me. At that time I had asked Andy B**** to stop contacting him.

  
  Response: ***** ******** ***** handling the closing had no response from the person making this complaint so they reached out to us as the Broker to assist. Our paperwork process person had no response, the listing agent had no response so we used the second contact information provided by the seller in the listing agreement as an effort to ensure the message of the pending breach of contract was delivered. It appears it was received and ignored deliberately.  

  
  Complaint: I only asked Andy B**** to send email for me to **** ****s email address. I never asked him to call him. I just gave it for a second number.

  
  Response: Providing an additional contact in the Listing Agreement (contract for hire documents) is permission to contact. At no time prior to the breach of contract were any further instructions not to contact **** received. The listing agent has provided an email chain (support document attached labeled SELLER / LISTING AGENT EMAIL CHAIN) where **** sent the listing price instructions on May 10th. **** was involved in the transaction by the seller's choice. 

  
  Complaint: DVC did not inform me about the right of first refusal. When i questioned Rafael M**** he told me to just relax thats just business.
  Then I asked Andy B**** why he didn’t go over it with me. He said Rafael was 74 years old and worked part time trying to make up for not going over the first right of refusal.

  
  Response: Right of First Refusal (ROFR) is a legal agreement between the property owner and ****** that the property owner assigned to ****** when they bought the Real Estate Interest from them. ****** fully discloses to the owner that they can not sell their interest without obtaining a waiver of that right. Our firm has nothing to do with **** outside of submitting the contract to ****** with a waiver review request and awaiting their response.

  The **** process is fully disclosed by our form to all clients in 3 places.

  First in the contract letter sent to the Seller: "Once we have the documents from you and the Buyer we will have everything sent to ****** for their Right of First Refusal (ROFR). Should ****** exercise the ROFR, we will notify you via email. If ****** waives on their right to purchase the property, the closing company will begin their work." 

  Second in Line # 1 of the contract for sale: "1. This Contract is subject to the Right of First Refusal ("ROFR") of ****** Vacation Development, Inc. ("DVD") and approval by the ****** Vacation Development, Inc. Review Board." 

  Third in an automated email sent via Salesforce software upon submission to ******: 

  *********** ******* *******
  Template Name:
  Submitted To **** - Seller
  Status:
  Sent
  Created Date:
  5/27/2023, 8:57 AM
  
  The selling agent's reply to the person making this complaint was that ****** has not bought back a single Aulani contract under **** of the thousands we have sold over the past 10 years. Real Estate Brokers simply comply with the **** requirements in place between the owner of the property and ******. If ****** did exercise it's Right Of First Refusal the Seller receives the axact same sale terms with ****** as the Buyer instead.
  
  
  Complaint: On June 1 2023 I got an email for Rob from the Concierge team telling me that they couldn’t find my DVC account. Then Julie L******** started to also call Pauls cellphone leaving voicemail.s from ***** ******** ***** company in Honolulu HI. I never signed a legal document letting her also to be able to talk with **** about the sale of my Timeshare.
  
  Response: ***** ******** ***** is a third party not affiliated with our firm in any way. Our firm does not use account numbers only Listing ID's so your reference about a missing account number is a misplaced complaint about the title company not our company. The following correspondence sent in July from ***** ******** ***** details this.

  
  On Wed, Jul 19, 2023 at 5:40?PM HIRESALE ******************************* ******
  
  Aloha *****,
  
  I apologize we couldn’t find you, but we now have.  The closing statement and additional documents were just sent through DocuSign to your email address instead of Paul’s like we originally sent it.  Please let me know if you don’t receive the DocuSign email and I’ll try to come up with another solution to get those signatures from you. 
  
  Did you receive the notary package as well?  I have attached that just in case you didn’t receive it.
  
  Please let me know if you have any questions, and if you have time for a call I’d love to speak with you to go over any questions you might have.
  
  Mahalo!
  Best,
  Julie L********
  Escrow Officer

  First American Vacation Ownership Title and Escrow Services, Inc.
  
  Direct Line: ***** ********
  
  
  
  
  Complaint: I never sent in the final documents because know one would give me the final numbers for the sale of my contract.Then Ivette told me by text it was going to be cancelled if I didn’t send the final documents from *************

  
   Response: Final closing documents were sent twice by ***** ******** ***** (reference the above communication from Julie L********). The Settlement Statement was included in both emails. Our document process person would call, email and text an urgent message to ensure final documents were returned before the contract deadline with a final message being dire alerting of a pending breach of contract.

  
  Complaint: I trusted Andy and to be told by him he was disappointed in me. I didn’t need to sell my Timeshare, but was selling it due to medical conditions 
  He also told my husband that my Timeshare is now selling for 216.00 which was upsetting also. They had me selling it for 127.00.

  
  Response: All Real Estate Sales are based on recent comparable sales so all price recommendations we provide are based on what properties have recently sold for. We publish monthly the actual median sale price for all Resorts over a rolling 13 month period compiled from hundreds of sales in the past year (support document attached labeled MEDIAN ACTUAL SALE PRICES)
  
  The median sale price for Aulani contracts sold in May of 2023 was $113 per point. We sold the contract of the person making this complaint contract for $125 per point (10% above average market value at the time and 20% above current value). Whatever reference is being made of fictitious prices is simply inaccurate by all measures. 

  
  Complaint: I never would have put it up for sale if I knew that DVC could have held it for 30 days and buy it back.

  
  Response: As the owner of the property you gave ****** the legal right to Right Of First Refusal which they fully disclosed to you at the time of purchase. **** is between the property owner and ******. ****** must provide a waiver to the owner of the property in order for them to sell it. If you do not want to participate in **** then you will own the property until it expires in 2062 as you can not sell it otherwise. Simply reference your purchase agreement you made with ******.

  
  Complaint: Andy has been selling timeshares since 2011 and should have know not to talk with **** about the sale. So if I would have given them my neighbors email and phone number that its okay to talked to them about my sale.

  
  Response: Leaving a message of an urgent matter for someone's spouse when their written consent from a contract for hire is on file is perfectly legitimate. The title company, listing agent and document process manager were all attempting to get a response from the person making this complaint and being ignored so they delivered by any means necessary the important message to ensure notice that the lack of response would result in breaching the legally binding sale agreement. The responses you provided in these comments demonstrate that you did indeed receive the messages and willfully chose to breach the contract for the sale of your property anyway. 

  
  Complaint: My bank wont even talk with **** unless I am there so he shows his ID. We both bank at the same bank with separate accounts.
  I will not pay the commission or the title company. I never signed the final documents. 

  
  Response: A legally binding agreement for the sale of property was signed which contains a requirement to deliver all correctly completed executed documents to the title company on or before August 2, 2023. 

  Line 2 of the contract reads:
   2. All fully executed and correctly completed documents with necessary funds to close this contract shall be delivered to FIRST AMERICAN VACATION OWNERSHIP TITLE AND ESCROW SERVICES, INC., on or before the close date of August 2, 2023.
  
  
  The Seller failed to meet this contract requirement and caused a default.    
  
  
  Summary: In review of all this I don't see a single item indicating our firm failed to perform any duties required in the Listing Agreement, Broker Disclosure or our licensing requirements. We obtained the listing information, correctly placed the property for sale in the marketplace, promoted the listing and secured a buyer who paid 10% more than the median sale price of the period it was sold, we collected sale contracts from both parties, secured an escrow deposit from the buyer, obtain a waiver for **** from ****** and turned all documents over to the third party title company for closing. All of our responsibilities were all executed correctly. The only reason the sale didn't close is the seller elected not to sell and deliberately did not return the required closing documents which resulted in a breach of contract with the Buyer. 
  
  
  This complaint is without merit and should be dismissed by the BBB. 
  
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩