Do people ever literally trade their points? I might be saying this wrong . . .

[MRSTGCV]

Originally Posted by suecait

Not too bad if your BWV contract is a 200 pointer and their GCV is a 50 pointer.

Well, perhaps...might not be the smartest move for us. Who knew we were buying something so sought after when we bought GCV because of the great perks!

BLT points though would be an awesome trade for us. Anyone??

[ceegibbs]

In theory couldn't you gift your points to anyone? Couldn't you recieve the gift of points from anyone?

[DVCERSINCEDAY1]

Originally Posted by ceegibbs

In theory couldn't you gift your points to anyone? Couldn't you recieve the gift of points from anyone?

this sounds clever. how would you handle the deeds, paperwork with such?

[ceegibbs]

I have no idea, but in theory it sounds good!

[standardgirl]

Originally Posted by DVCERSINCEDAY1

this sounds clever. how would you handle the deeds, paperwork with such?

I thought you just pay a transfer/closing fee on deed transfer. I don't think the parties have to be related to do this (though don't quote me on this), and it seems like people have done this to gift contracts to kids, other family members, etc, so I don't see why it's impossible. Of course, there will be lots of trust involved.

[Carol]

Originally Posted by eileenkeeney

I do not see why one could not agree on a trade with another person.

Is there a policy against this?

It makes the ROFR process very complicated.
Would ROFR view each party as a seller or buyer?

For example
Person A has 50 points in OKW
Person B has 50 points in VGC

They agree to trade.

If I were DVC, the purchase of 50 points at VGC at a price of 50 points of OKW, would be a candidate for ROFR.
However, 50 points of OKW at a price of 50 points of VGC would not be a candidate.

Could DVC ROFR one half, and compensate person B with 50 points of OKW and take their 50 points of VGC (assuming that DVC was giving them the same UY and all of the same conditions that Person A was including in the trade with Person B).

If they did, where does Person A stand?

Isn't there something in our contract about ROFR can be at cash value if the actual sales deal included items other than cash?

I think there is something in the contract to prevent a buyer and seller from making it impossible for DVC to meet the same conditions as the buyer has agreed to (such as offering some unique item, that DVC can not duplicate, as part of the buying price).

It has been years since I read the contract. But I do have a vague memory of considering this type of scenario, and finding something in the contract that would prevent it from working out the way had first thought it might.

Originally Posted by ceegibbs

In theory couldn't you gift your points to anyone? Couldn't you recieve the gift of points from anyone?

Originally Posted by standardgirl

I thought you just pay a transfer/closing fee on deed transfer. I don't think the parties have to be related to do this (though don't quote me on this), and it seems like people have done this to gift contracts to kids, other family members, etc, so I don't see why it's impossible. Of course, there will be lots of trust involved.

Every title change has to go through ROFR, even seemingly simple, legitimate gifts and title transfers (for example, family member to family member or individual to a revocable living trust, etc.). Disney has been good about waiving ROFR in those cases.

There is nothing to suggest they would waive ROFR in a case of a gifting between strangers.

I have read about cases in which someone offered to sell a contract to another person in return for something else. Perhaps a used car or perhaps some labor as in a barter deal. Don't remember specifically. I do remember that Disney insisted that a value be place on the "consideration" so they could make a decision on ROFR. In other words, they could apparently decide to give the seller the equivalent value and take the contract under ROFR.

Without reading the legal language on ROFR and I am sure there is a book on it, we can't really say for sure what can or can't legally be done. IMO, it wouldn't be worth it to challenge Disney. It would cost way more than the it''s worth.

[OttawaWendy]

Originally Posted by eileenkeeney

I do not see why one could not agree on a trade with another person.

Is there a policy against this?

It makes the ROFR process very complicated.
Would ROFR view each party as a seller or buyer?

For example
Person A has 50 points in OKW
Person B has 50 points in VGC

They agree to trade.

Originally Posted by Carol

Every title change has to go through ROFR, even seemingly simple, legitimate gifts and title transfers (for example, family member to family member or individual to a revocable living trust, etc.). Disney has been good about waiving ROFR in those cases.

There is nothing to suggest they would waive ROFR in a case of a gifting between strangers.

I have read about cases in which someone offered to sell a contract to another person in return for something else. Perhaps a used car or perhaps some labor as in a barter deal. Don't remember specifically. I do remember that Disney insisted that a value be place on the "consideration" so they could make a decision on ROFR. In other words, they could apparently decide to give the seller the equivalent value and take the contract under ROFR.

Without reading the legal language on ROFR and I am sure there is a book on it, we can't really say for sure what can or can't legally be done. IMO, it wouldn't be worth it to challenge Disney. It would cost way more than the it''s worth.

I don't think Disney could prevent you from selling your contract for whatever you want. This is ancient contract law. The word "consideration" is legalese for what is exchanged between the parties to a contract. The law does not judge a contract based on the amount of consideration. If you want to exchange a house for a car, you can do so. There's no reason that you have to exchange the house for money, and the car for money as separate transactions, and the core of contract law was created when bartering was common (there were money transactions, but also exchanges). Now, I wouldn't want to be the lawyer writing that contract, but whatever.

Now, I agree with Carol that the contract would need to be send for ROFR. Whether Disney would have the power to enforce a valuing of the consideration in American dollars would be dependant on the original contract.

[DougEMG]

Originally Posted by suecait

Not too bad if your BWV contract is a 200 pointer and their GCV is a 50 pointer.

Then that would be a bad trade for me

[sparkhill]

If the OP finds a trading partner, they could just "sell" their respective contracts to one another at a very high price (say $100/pt) or equivalent consideration to ensure both clear ROFR. A clause could be added stating the transaction is null and void unless both parties complete the transaction. I imagine one of the resale agents would handle the paperwork for less than the usual 10% commission since it would be a pretty straight-forward deal.

[ceegibbs]

Originally Posted by Carol

Every title change has to go through ROFR, even seemingly simple, legitimate gifts and title transfers (for example, family member to family member or individual to a revocable living trust, etc.). Disney has been good about waiving ROFR in those cases.

There is nothing to suggest they would waive ROFR in a case of a gifting between strangers.

I have read about cases in which someone offered to sell a contract to another person in return for something else. Perhaps a used car or perhaps some labor as in a barter deal. Don't remember specifically. I do remember that Disney insisted that a value be place on the "consideration" so they could make a decision on ROFR. In other words, they could apparently decide to give the seller the equivalent value and take the contract under ROFR.

Without reading the legal language on ROFR and I am sure there is a book on it, we can't really say for sure what can or can't legally be done. IMO, it wouldn't be worth it to challenge Disney. It would cost way more than the it''s worth.

Thanks Carol. I guess a good way to look at this is I don't really own the points. I own the right to use the points for the next 40 years or till they expire but they aren't mine. I bought the right to use them and I pay maint. fees each year to keep using them, but they will always be Disney's and not mine to give away without their permission.