Am I in limbo?

We received closing papers today, closing is expected on Nov. 26 and deed recorded 4-8 weeks from then. In the meantime the present owners have been searching to book us a week at DVC in Mar 2010 through RCI and, if they have no luck, we will take over the search ourselves. During that period from when we close until when the deed is recorded are we both locked out? We have heard that plans firm up and cancellations start showing up around the new year so hopefully we can get everything set up by then. So far it's been:

Offer made 10/22
Offer accepted 10/23
ROFR sent to Hilton 11/06
Contacted by closing company 11/09
Hilton waives ROFR, closing papers sent 11/20

Purseval said:

We received closing papers today, closing is expected on Nov. 26 and deed recorded 4-8 weeks from then. In the meantime the present owners have been searching to book us a week at DVC in Mar 2010 through RCI and, if they have no luck, we will take over the search ourselves. During that period from when we close until when the deed is recorded are we both locked out? We have heard that plans firm up and cancellations start showing up around the new year so hopefully we can get everything set up by then. So far it's been:

Offer made 10/22
Offer accepted 10/23
ROFR sent to Hilton 11/06
Contacted by closing company 11/09
Hilton waives ROFR, closing papers sent 11/20

Click to expand...

I don't know the "legal answer" to this question...only our small amount of experience having gone through this just a couple of months ago. First, I think you need to find out "which points" you would be using to book the week. Our estoppel letter had the current owners 2009 points added to our account upon closing, and the closing company told us that only they could "make reservations for us" using their current account (and the 2009 points, or so we thought). During closing, we made a request (through the closing company), and the sellers complied by booking us a week (at an HGVC affiliate though, not an RCI exchange).

Then, when everything was settled and we received our official HGVC account, we discovered that the points for our affiliate reservation had been taken out of our new 2010 points, so we cancelled it. It turned out the estoppel letter had the 2009 points listed as "moving with the account", but there was a little check box stating when our account started, and the box next to "2010" had been checked after we received the initial copy.

So - I guess bottom line for you is that I believe the sellers can still make reservations during the time between closing and recording based on our experience since they should still have their HGVC account open. Hopefully there won't be any issue for you around where the points will come from (like us )

We bought a biennial contract, even years, so we don't have any 2009 points to worry about.

Purseval said:

We received closing papers today, closing is expected on Nov. 26 and deed recorded 4-8 weeks from then. In the meantime the present owners have been searching to book us a week at DVC in Mar 2010 through RCI and, if they have no luck, we will take over the search ourselves. During that period from when we close until when the deed is recorded are we both locked out? We have heard that plans firm up and cancellations start showing up around the new year so hopefully we can get everything set up by then. So far it's been:

Offer made 10/22
Offer accepted 10/23
ROFR sent to Hilton 11/06
Contacted by closing company 11/09
Hilton waives ROFR, closing papers sent 11/20

Click to expand...

I doubt you will be able to get DVC in March 2010. Bulk deposit already went by.

Plans change and I was told that the end of a year/beginning of a new year was when cancellations start coming in. The odds may be high but at least there is a chance. There is no chance at all if there is no way to look. Can I call Hilton with the contract number and request temporary access? We've already wired the money and ROFR has been waived so it isn't likely the deal is going to fall apart.

Purseval said:

Can I call Hilton with the contract number and request temporary access? We've already wired the money and ROFR has been waived so it isn't likely the deal is going to fall apart.

Click to expand...

No. Simply put, HGVC is not going to let you take the account out for a "test drive." They will need a copy of the recorded deed and the transfer fee B4 giving you access.

With persistence, you can often find (eventually) what you want, but as with any TS-system, it pays to remain flexible and not get hung up on a particular place on a certain date. The expectation that a unit will be available at any particular place and time will inevitably lead to frustration.

DVC March 2010

Talent 312 summed up it perfectly. You can always find something in the Orlando area, but DVC will be really difficult in that short timespan.

I was able to get two reservations at Disney Board Walk thru RCI last May for this coming March.

Always be flexible. Those expecting to get everything they want at exactly the times they want will become stressed with Vacation Clubs.

If I were an OP, I would not set my mind on DVC. You should consider other resorts for March 2010. I am sure there will be some cancellations close to March, but DVC cancellation will be rare.
Also, to have my HGVC online access open, I called HGVC every week to check, but they always said "No, we didn't receive your deed yet" and told me to wait. I believe you can reserve March week for HGVC resort? I still can see lots of available units. HGVC resorts in Orlando are equally nice or better than DVC units. The only good thing of DVC was the location in my experience (I stayed at Disney Wilderness Lodge last Feb). DVC charged internet service (I think I paid about $10/day) while HGVC resorts are free to use the internet.

I'm already assuming there won't be any problem getting into Orlando, even at the last minute. That gives me plenty of chances for DVC and I'll still be able to get something nice no matter what. We have grandchildren coming from England who have never been to Orlando before and if we can get them the extra magic hours via DVC we're willing to try. Other than that we don't really care where we stay. The nice thing about it is the grandchildren are young enough that they really won't care where they stay either so we lose nothing by giving it a try.